Solicitation.doc

AG-02NV-S-10-0075

Salmon Airbase

Salmon-Challis National Forest

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

issuing office:

US Forest Service

Region 1 – AQM 200 East Broadway

Missoula, MT 59802

FAX (406) 329-3525

solicitation no.:

RFP AG-02NV-S-10-0075

offers are solicited for: Salmon Airbase important – notice to offeror:

at a minimum, offeror shall submit the following documents back with their response to this solicitation:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 5-9). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 44-50).(Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Technical and Business Proposal

5. Bid Guarantee

6. Acknowledgement of Amendments (If Applicable) it is required that you write the solicitation number on the outside of your envelope.

Return to:

US Forest Service

Region 1 - AQM

200 East Broadway it is required that all contractor’s be registered in the central contractor registration database prior to award under this solicitation. see clause i-2 – far 52.204-7 central contractor registration for details on how to apply.

all solicitations shall be issued through fedbizops. no paper solicitations shall be issued.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

Table of Contents

PART I – THE SCHEDULE

· SECTION A – Solicitation Offer and Award, SF-1442

· SECTION B – Supplies or Services and Prices/Costs

· SECTION C – Descriptions/Specifications/Statement of Work

· SECTION E – Inspection and Acceptance

· SECTION F – Description and Performance

· SECTION G – Contract Administration Data

· SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

· SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

· SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

· SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

· SECTION L – Solicitation Provisions

· SECTION M – Evaluation Factors for Award

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-02NV-S-10-0075

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

07/16/10

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

US Forest Service

Region 1 – AQM

200 East Broadway

Missoula, MT 59802 US Forest Service

Region 1 – AQM

200 East Broadway

9. FOR INFORMATION

CALL:

A. NAME

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

(406) 329-3525

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):

Salmon Airbase Salmon-Challis National Forest

Lemhi County, ID Price Range The Government's estimate is between $1,000,000 and $5,000,000.

NOTE: (1) This solicitation is a Request for Proposals. Selection will be based on an evaluation described in Section M. Please review Section L Instructions for the Preparation of Technical and Business Proposals, and Section M prior to submitting your proposal.

(2) This requirement is not set-aside, but allows for full and open competition.

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F clause 52.211-10)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

10 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 p.m. MST (hour) local time 8/16/10 (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

FORMCHECKBOX

is, FORMCHECKBOX is not required. (If “is required” see clause 52.228-1) 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) OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

US Forest Service

Region 1 – AQM

200 East Broadway

Missoula, MT 59802

USDA, National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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.

FORMCHECKBOX

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)

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

SALMON AIRBASE

Salmon-Challis National Forest

Lemhi County, Idaho

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

B- 1 - Schedule of Items Item 1 – Base Item

Item 2 – Optional Item A – Asphalt Pavement

Item 3 – Optional Item B – Rappel Tower

Item 4 – Optional Item C – Site Furnishings

Item 5 – Optional Item D – Exterior Utilities

Item 6 – Optional Item E – Fixed Wing Parking Area

Item 7 – Optional Item F – Vault Toilet Building

* Designated Method of Measurement:

DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities Note 1: All offers shall be to the nearest cent Note 2: Offeror’s shall provide an offer on the base project and all optional items. The Government reserves the right to award any and all optional items based on availability of funding.

Note 3: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

SECTION C--DESCRIPTION/SPECIFICATIONS

C- 1 - Scope of Contract

This project consists of constructing facilities at the Lemhi County Airport in support of the Fire Aviation Program for the East Central Idaho Mountains. Facilities include a Helibase Operations Building, a Rappel Tower, a Vault Comfort Station, Helicopter pads, Fixed Wing Parking area, access roads and parking areas, security fencings, site grading, and necessary utilities for the improvements. The project also included the removal and disposal of existing structures on the site.

A. Base Item: The base item work includes the construction of the Helibase Operations Building, site work around the building (sidewalks, grading, driveways, etc.), construction of the entrance road and parking area, the installation of a security fence and access gates, and installation of site utilities associated with the construction of the operations building. The work also includes the removal and disposal of existing structures and features on the site.

B. Optional Items:

1. Option A: Asphalt Pavement. Work includes paving the entrance rood and parking areas. See drawings for specific areas.

2. Option B: Rappel Tower. Work includes the construction of a Rappel Tower and containment area.

3. Option C: Site Furnishing. Work includes installing of site furniture indicated on the Schedule of Items.

4. Option D: Exterior Site Utilities. Work includes the installation of site utilities outside the building to include the water service and hydrants and electrical service to the helipads and fixed wing parking.

5. Option E: Fixed Wing Parking Area. Work includes the construction of the fixed wing parking and taxi access. Ther work includes the preparation of the subgrade, aggregate base under and around the parking and taxi area, and the asphalt surfacing.

6. Option F: Vault Toilet Building. Work includes the installation of a 2-unit vault toilet building including the electrical service from the operations building to the toilet.

C- 2 - Project Location

The project site is located 4 miles South of Salmon, Idaho off Highway 93 on the East side of the Salmon County Airport near the intersection with Airport Road and Hot Spring Road.

C- 3 - Site Visit - (See Section L, FAR clause 52.236-27).

C- 4 - Start Work It is estimated that work will begin October of 2010. Contract time will run continuously with no shutdown for normal winter season.

C- 5 - Period of Performance (See Section F, FAR clause 52.211-10)

C- 6 - Government-Furnished Property The Government will provide the following items 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. The following items will be government furnished:

None

C- 7 – Recycling and Disposal of Refuse

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C- 8 – Safety

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction. Smoking will not be permitted in any building or structure.

C-9 – Temporary Facilities

(a) STAGING AREA: The Contracting Officer Representative shall arrange the location for exterior stockpiling of materials. The Government will provide adequate staging area as close to the job site as practicable. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government at job sites. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site with a minimum of one required.

(c) WATER AND ELECTRICITY: Water is available at the site for construction purposes. Utilities are not available at the site for construction purposes. The Contractor will be responsible for coordinating the installation of temporary power for the site and the cost for the service.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government.

C-10 – Existing Utilities

The Contractor shall field verify all utility locations before digging or trenching. This shall include, but not be limited to, the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C-11 – Specifications

The work shall conform to specifications included in the contract. All work shall be performed in compliance with the most recent International Building Code, Uniform Plumbing Code, International Mechanical Code, National Electric Code, National Fire Protection Association (NFPA), International Fire Code as appropriate, local ordinances and regulations, and Forest Service standard CSI format specifications.

C- 12 - Submittals

(a) Definition: Submittals - Product literature, catalog cuts, product samples, shop drawings, as-built drawings, Quality Control Plans, and other documents submitted to the Contracting Officer for information or for review and approval when required.

(b) Submittals shall be presented in two copies unless indicated otherwise. The Contracting Officer will return one copy of the submittal to the Contractor, whether approved or rejected.

(c) All submittals shall be accompanied with a transmittal sheet signed by the Project Site Superintendent. Salient characteristics of the materials proposed for use shall be clearly identified in the submittal. The Project Site Superintendent shall certify that he has reviewed the submittal and has determined that the submittal is in full compliance with the requirements of the Contract. Illegible, incomplete, or uncertified submittals may be rejected.

(d) Submittals shall be approved by the Contracting Officer prior to any work being performed on the contract or materials being delivered to the job site.

(e) Review of submittals, and corrections or comments made during the review, does not relieve the Contractor from compliance with the requirements of this Contract.

(f) Allow 14 calendar days for government review of submittals. Review time shall commence upon receipt of a satisfactory submittal certified by the Project/Site Superintendent containing all information required to completely and thoroughly evaluate the submittal. Time shall start anew for each submittal and any required resubmissions.

C-13 – Catalog Cuts

Catalog cuts shall contain manufacturer's description, specifications and sketches of the material and equipment provided. The catalog cut shall contain sufficient information, which can be used to determine compliance with these specifications. Submit catalog cuts as required by a negotiated Job Order. Clearly indicate selected item and components being proposed.

C-14 - Samples

Product samples shall include color, pattern, style, and other information required to fully describe the items being proposed as required by the contract.

C-15 - Shop Drawings

Submit shop drawings when required by the specifications. Drawings shall indicate layouts, dimensions, materials, and other information required to fully describe the items being installed.

C-16 – Permits and Certificates

Submit copies of all permits and certificates as required by the contract.

C-17 – Hazardous Material Identification

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two copies of each MSDS shall be submitted to the Contracting Officer no later than the delivery date of the product.

C-18 - As-Built Drawings

When Shop Drawings are required by the specifications, the Contractor shall maintain at the job site one set of contract drawings marked in red to show any deviations which are found to exist or have been made from the contract drawings. Upon completion of the work, the marked set of drawings shall be delivered to the Contracting Officer. Request for final payment will not be approved until the marked drawings are delivered to the Contracting Officer.

C-19 – Operation and Maintenance Manual

When required by the specifications furnish an operation and maintenance (O&M) manual for each system (discipline) identified. Each manual shall be bound in a standard 8-1/2" x 11", 3 ring, loose leaf, hardcover binder. The manual's cover shall carry the following format.

The manual shall contain, as a minimum, the following:

The manufacturer and local representative's name, address, and telephone number.

Include catalog sheets, model numbers, and other descriptive literature for each system component.

Include instructions for installation, connection, start-up, operation, shutdown, troubleshooting, maintenance, lubrication, and overhaul for the items specified in the specifications. Exploded or other detailed views of all components shall be included with complete parts list and ordering instructions.

C-20 - AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

NOTE: Offeror’s are cautioned to carefully review these Project Specifications prior to submission of offers. All specifications contained in Section J are binding on the parties signing the contract.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO clauses in this Section)

SECTION E--INSPECTION AND ACCEPTANCE

E- 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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) E-2 – Pre-Final and Final Inspection

a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

b. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

SECTION F--DELIVERIES OR PERFORMANCE

F- 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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) F- 2 - FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days from the start date annotated on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The following is added:

The 180 Calendar Days for contract time includes the Base Item and any exercised Optional Items.

F- 3 – FAR 52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the applicable Job Order, the Contractor shall pay liquidated damages to the Government in the amount $600 for each calendar day of delay until the work is completed or accepted.

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

F- 4 - FAR 52.236-1 Performance of Work by the Contractor (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G--CONTRACT ADMINISTRATION DATA

G- 1 - Contract Administration

(a) Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 - AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) 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 90-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.

H- 3 - Incidental Payment Items The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 4 - Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 5 - Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 6 - Samples, Tests, Cited Specifications Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H- 7 - Barricades, Warning Signs, and Other Devices No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the CO and Local Transportation Authority. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

Signing and barricades shall be adequate enough to protect Forest Service employees and public.

H- 8 - Designation of Contracting Officer Representative

Prior to the commencement of work, the COR will be designated. The COR is responsible for administering the performance of the 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 the Contracting Officer prior to the completion of this contract.

H- 9 – Work Schedule

A Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Work Schedule. Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.

H-10 - Subcontract Data The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

H-11 - Site Superintendent It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

· Executed Copy of the Contract

· Contract Drawings

· Contract Specifications

· Quality Control Plan – (up to date)

· As-Built Drawing – (up to date) if required

· Work Orders

· Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

H-12 - Prework Conference Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) ALT I (MAY 2001)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.404-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (JUN 1999) 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications (OCT 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (JUL 2010) 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (AUG 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) ALT I (JUL 1995) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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)

52.227-11 Patent Rights – Ownership by the Contractor (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 (SEP 2009) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JUL 2002) ALT I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract 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) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) ALT I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (JUN 2010) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering - Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) ALT I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.252-6 Authorized Deviations in Clauses (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

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 - FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record

“Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).