AG-0489-S-10-0523 sol package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0523

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

7/1/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

367754

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

9. FOR INFORMATION

CALL:

A. NAME

Shirley Cochran

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

503 668-1445

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):

This Request for Proposal is issued under the provisions of the American Recovery and Reinvestment Act of

2009 (ARRA)

TAS::12 1102::TAS RECOVERY Fire Lookout Rehabilitation

Malheur National Forest, Grant and Harney Counties , Oregon

Technical Contact: Darren Lemon @ (541) 575-3018

The estimated amount of this project is between $100,000 and $250,000.

11. The Contractor shall begin performance within10 calendar days and complete it within 30 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time July 1, 2010 (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)

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 w ork at the prices specif ied below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government w ithin 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

US Forest Service; EROC Northwest 16400 Champion Way

Sandy, OR 97055

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 perf orm all work, requisitions identified on this form and any continuation sheets f or 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 specif ications 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)

Robert Williams

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

FIRE LOOKOUT REHABILITATION

MALHEUR NATIONAL FOREST

PART I – CONTRACT SPECIFICATIONS

SECTION A – SF-1442

SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packaging, Marking and Layout

SECTION E – Inspection and Acceptance

SECTION F – Deliveries and Performance

SECTION G – Contract Administrative Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Clauses Incorporated by Reference

AGAR/FSAR and SPECIAL CONTRACT CLAUSES

ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXHIBITS 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 – Instructions to Offeror/Notices

SECTION M – Evaluation Factors for Award

Solicitation: AG-0489-S-10-0337 PAGE 4 of 78

Fire Lookout Rehabilitation

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

ITEM NO. DESCRIPTION QUANTITY M OF M UNIT PRICE TOTAL

SCHEDULE OF ITEMS

ITEM 1

Lookout Rehabilitation

Indian Rock Lookout

1.1a Mobilize Equipment & materials; clean up site

2.1a Catwalk & Handrails

2.2a Install catwalk decking

3.1a Painting all items

LS

SF

Total Item 1

ITEM 2

Flagtail Lookout

2.1a Catwalk, handrails, access hatch, welded wire fabric, and stairs

4.1a Reroof cab

4.2a Remove & dispose of existing shingles

Total Item 2

Solicitation: AG-0489-S-10-0337 PAGE 5 of 78

ITEM NO. DESCRIPTION QUANTITY M OF M UNIT PRICE TOTAL

ITEM 3

Antelope Lookout

Total Item 3

ITEM 4

Snow Mountain Lookout

Total Item 4

ITEM 5

Sugar Loaf Lookout

Total Item 5

Solicitation: AG-0489-S-10-0337 PAGE 6 of 78

B-2 NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

Mobilization.

NOTE: Each item will be evaluated separately for award. Multiple awards may be made. Offerors may limit their offer to a minimum or maximum number of items (lookouts). Indicate any limitations below:

My offer is limited to a minimum of ______ items and a maximum of ______ items.

NOTE: Please read the bonding requirements in clauses Section I. Clause FAR 52.228-15, which is incorporated by reference in Section I, requires Performance and Payment bonds for all contracts exceeding $100,000. . Alternative requirements for Payment Bonds are required for contracts not exceeding $100,000.

Vendor Name

Phone

Signature:

FAX

Address:

Email

City, State, Zip TIN#

DUNS#

Solicitation: AG-0489-S-10-0337 PAGE 7 of 78

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

Furnish all materials and labor necessary to rehabilitate five (5) fire lookouts (LO) at remote locations on the Malheur National Forest located in Grant and Harney counties in Oregon.

Work includes, but is not limited to the following items at each location:

Indian Rock LO . The work includes the following and all necessary work to deliver to the Government a complete project complete in all aspects for immediate use:

Replace existing and paint new catwalk decking.

Contractor shall install three (3) sets of pressure treated wood handrails, one on top of the hand rail posts, one halfway between top and bottom and one on the bottom for a toe board.

If necessary, Contractor shall remove the solar panels, antennae mounts, and weather station mounts; remount the removed panels, antennae mounts, and weather stations to their original locations and specific orientation; and verify the remounted panels, antennae mounts and weather stations are in working order.

Contractor shall remove and replace the existing hand rail posts with pressure treated wood posts mounted and sized in accordance to OSHA and IBC code standards. The finished handrail height shall meet current OSHA and IBC requirements, whichever is more stringent.

Contractor shall construct a new access hatch with counter weights (that balance the weight of the hatch about the access hinge) and mounting hardware capable of being secured by a sta ndard issue Forest Service Yale lock.

Contractor shall replace the Rim Boards/band boards around the deck.

Contractor shall construct two (2) new swinging gates including mounting hardware to block off access to the stairway when the access hatch is open. These access gates shall be capable of being locked by a standard Forest Service Yale lock.

Flagtail LO - The work includes the following and all necessary work to deliver to the Government a complete project complete in all aspects for immediate use :

If necessary, Contractor shall: remove the existing solar panels, antennae mounts, and weather station mounts; remount the removed solar panels, antennae mounts, and weather stations to their

Solicitation: AG-0489-S-10-0337 PAGE 8 of 78 original locations and specific orientation; and verify the remounted panels, antennae mounts and weather stations are in working order..

the hatch about the access hinge) and mounting hardware capable of being secured by a standard

Contractor shall replace the Rim Boards/band boards around the deck with No. 1 pressure treated

Douglas Fir.

Contractor shall install galvanized 4x4-W4.0xW4.0 welded wire fabric around the entire cat walk secured to the exterior of the hand rail. . The welded wire fabric shall extend from the decking to the full height of the railing without seams or other breaks in the fabric. The fabric shall be stapled using galvanized 9 gauge x 7/8‖ long fence staples at 8‖ o.c. and pulled tight in order that no warp or distortion is evident in the fabric.

Contractor shall replace the stairs treads, risers, and stringers with No. 1 pressure treated Douglas

Fir.

Antelope LO - The work includes the following and all necessary work to deliver to the Government a complete project complete in all aspects for immediate use:

Solicitation: AG-0489-S-10-0337 PAGE 9 of 78 decking to the full height of the railing without seams or other breaks in the fabric. The fabric

Contractor shall replace the stairs treads, risers, and stringers with No. 1 pressure treated Douglas

Snow Mountain LO - The work includes the following and all necessary work to deliver to the

Government a complete project complete in all aspects for immediate use:

Solicitation: AG-0489-S-10-0337 PAGE 10 of 78 decking to the full height of the railing without seams or other breaks in the fabric. The fabric

Contractor shall replace the stairs treads, risers, and stringers with No. 1 pressure treated Douglas

Sugarloaf LO - The work includes the following and all necessary work to deliver to the Government a complete project complete in all aspects for immediate use:

mounted and sized in accordance to OSHA and IBC code standards. The finished handra il decking to the full height of the railing without seams or other breaks in the fabric. The fabric

Contractor shall replace the stairs treads, risers, and stringers w ith No. 1 pressure treated Douglas

Solicitation: AG-0489-S-10-0337 PAGE 11 of 78

All dimensional lumber shall be No. 1 pressure treated Douglas Fir meeting the requirements of sections C.5 and C.8 of this contract.

C.2 PROJECT LOCATION

The Indian Rock Lookout, is located on the Blue Mountain Ranger District at an elevation of 7325-feet. The lookout is located approximately 60 miles Northeast of John Day, Oregon, and is accessible by US highway (30 miles), Grant County Road 20 (15 miles) and National Forest Road

45 (15 miles). (See attached Vicinity Map)

The Flagtail Lookout, is located on the Blue Mountain Ranger District at an elevation of 6584-feet.

The lookout is located approximately 38 miles Southwest of John Day, Oregon, and is accessible by US highway 395 (18 miles), Grant County Road 63 (14 miles) and National Forest Road 594 (6 miles). (See attached Vicinity Map)

The Antelope Lookout, is located on the Prairie City Ranger District at an elevation of 6400-feet.

The lookout is located approximately 43 miles Southeast of Prairie City, Oregon, and is accessible by Grant County Road 62 (24 miles) and National Forest Road 16 (2 miles) and National Forest

Road 14 (15 miles) and National Forest Road 534 (1 miles). (See attached Vicinity Map)

The Snow Mountain Lookout, is located on the Emigrant Creek Ranger District at an elevation of

7150-feet. The lookout is located approximately 41 miles Northwest of Burns, Oregon, and is accessible by Harney County Road 147 (18 miles) and National Forest Road 43 (20 miles) and National Forest Road 4380 (3 miles). (See attached Vicinity Map)

The Sugar Loaf Lookout, is located on the Emigrant Creek Ranger District at an elevation of 6124-feet. The lookout is located approximately 29 miles Northwest of Burns, Oregon, and is accessible by Harney County Road 147 (24 miles) and National Forest Road 3745 (2 miles) and National Forest Road 3740 for 3 miles. (See attached Vicinity Map)

C.3 PROJECT CONDITIONS

Existing Structures: The lookouts are wood framed structures (20-foot square, including deck) supported on an open braced wood tower. The Lookouts have wood frame stairs providing access and a 34-inch wide catwalk frame around the perimeter of the lookout. Heights of the towers are:

Indian Rock Lookout – ground based lookout

Flagtail Lookout – 54‘

Antelope Lookout – 30‘

Snow Mountain Lookout – 10‘

Sugar Loaf Lookout – 32‘

Unique Site Conditions: The Contractor will need to make arrangements for transportation of materials and supplies to the lookout site. High winds on the high elevation, exposed sites are also a possibility. The access road stops 500 feet before Indian Rock LO and only a trail leads from the road to the lookout.

Solicitation: AG-0489-S-10-0337 PAGE 12 of 78

Fall Protection: Contractor shall meet OSHA requirements for fall protection from the catwalk of the lookouts. Contractor is responsible for protecting workers from injury. Refer to FAR 52.236-13, Accident

Prevention, for full text.

Lead Paint: Due to the age of the buildings, it is assumed that the exterior paint may contain lead. It is anticipated that the work can be performed in a manner that will not result in lead exposure above the action level as defined by Oregon OSHA. In any case, the Contractor shall execute the work in accordance with Oregon OSHA standards such that surface preparation does not result in exposure to lead at or above the action level as defined by Oregon OSHA.

Contractor shall bring in equipment, materials, and supplies needed for the reconstruction and shall remove debris generated from demolition or construction activities. Contractor shall make all arrangements and pay for transportation of equipment, materials, and supplies.

Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract.

Contractor and crew may camp at the site during construction and will provide their own water, food, and personal camping equipment. Electricity and water are not available on the site. A pit toilet is available for sanitation needs.

Construction Schedule Limits: The lookout is used during fire season for detection of fires and is staffed from mid-June until mid-September. Reconstruction of the lookouts will need to occur before and after the peak fire season. Access to the sites is also limited by snow; therefore, the expected construction time is approx. mid-June to July 1 and September 1 to mid-October, depending on fire and weather conditions. Contractor is required to submit a proposed construction schedule with their cost proposal, taking into account that weather conditions will impact scheduling of the work. More than one construction season may be needed to complete the work and Contractor shall determine the most cost effective and efficient use of the available construction time.

The Contractor‘s proposed construction schedule will show a plan of work, which will minimize interference with Government personnel, and disturbance of building contents. If it is necessary to move or temporarily remove items from the lookout, items will be moved or removed by Forest Service personnel and arrangements will be made through the Contracting Officer.

C.4 MEASUREMENT AND PAYMENT

The intent of the contract is to provide for the complete reconstruction of the projects 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 projects in accordance with 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.

It is the intention of these specifications that performance of work under pay items shall result in complete construction, in proper operating condition, of improvements identified in these written specifications. Work and materials not specifically listed below, but required according to the specifications

Solicitation: AG-0489-S-10-0337 PAGE 13 of 78 and general industry practice, shall be included in Contractor‘s proposal. All quantities shall be field verified during the pre-bid meeting.

ITEM 1 – MOBILIZATION: This work includes, but is not limited to, all preparatory work and operations necessary for the movement of personnel, equipment, materials, supplies, and incidentals to the project site, and for all other work and operations that must be performed or that cause costs to be incurred prior to beginning work, such as bonds, permits, and fees. This work also includes removal of all personnel, equipment, materials, supplies, incidentals, and construction debris from the site after completion of construction, and final site clean up prior to final acceptance. Payment shall be lump sum.

ITEM 2 – CATWALK, HANDRAILS, & ACCESS HATCH: This work includes, but is not limited to the following: removing existing handrails & posts, an estimated 196 square feet of catwalk decking, rim boards / band joists, stair stringers, and the stair access hatch. The work also includes providing and installing new handrails & posts that meet OSHA and IBC code requirements, providing and installing an estimated 196 square feet of catwalk decking, rim boards / band joists, stair stringers, stair access hatch, antenna mounting bracket, temporary shoring and all incidental items related to reconstruction of the Catwalk, Stairs, Handrails, & Access Hatch. Sanding, priming, and painting of new work is NOT included in this item and is listed as a separate work item. Payment for the Catwalk, Stairs, Handrails, & Access Hatch shall be lump sum, except for replacement of catwalk decking which shall be paid by the actual square foot, as installed.

ITEM 3 – PAINTING: This work inc ludes, but is not limited to, sanding, priming, and painting of new work specified elsewhere. Payment for Painting items shall be lump sum for each item.

C.5 BUILDING PERMITS/INSPECTIONS

Construction shall meet current applicable sections of the latest adopted editions of National, State, and local specialty building codes including the IBC and OSHA

No building permits will be required. P lan review by the Grant and Harney County Building

Departments are not required.

C.6 PRODUCT SUBSTITUTION, SHOP DRAWINGS AND MATERIAL CERTIFICATION

(a) 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.

(b) Material Certification When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the cont ract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the

Contracting Officer.

Solicitation: AG-0489-S-10-0337 PAGE 14 of 78

(c) Submittals Specifications requiring submittals shall include:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, Subcontractor, Supplier, and Manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurement and compliance with contract documents.

*Work requiring submittals shall not begin until submittals have been approved.

Submittals are required for the following:

Sec. C Proposed Construction Schedule

09900 Painting (product data and color chips) Sec. C Design and configuration of modified railing

C.7 WARRANTY OF CONSTRUCTION

The Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in material or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. Contractor shall provide a 2-year warranty for weather-tightness.

Refer to FAR 52.246-21, Warranty of Construction, for full text.

C.8 APPLICABLE SPECIFICATIONS

07313 - Wood Shingles and Shakes 09900 - Painting

Industry standards will be met for all products used. If approved equal product is requested, the applicable installation manuals for that product must be submitted to the Contracting Officer for review prior to approval of the submittal.

C-3 AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

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

C-4 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.

Solicitation: AG-0489-S-10-0337 PAGE 15 of 78

Solicitation: AG-0489-S-10-0337 PAGE 16 of 78

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

Solicitation: AG-0489-S-10-0337 PAGE 17 of 78

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all

Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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

Solicitation: AG-0489-S-10-0337 PAGE 18 of 78

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/

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 __30___ calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on September 15, 2010. A partial notice to proceed will be issued approximately August 15, 2010 to allow the contractor to obtain materials and to obtain approval of submittals. The count of contract time will not commence until the notice to proceed is issue for all on-site work.

Solicitation: AG-0489-S-10-0337 PAGE 19 of 78

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the Wallowa-

Whitman National Forest, Baker City, OR, or at an alternate location designated by the Contracting Officer.

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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. The Contracting Officer should be informed as soon as possible or 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.)

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.

G-3 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a. The name, address and telephone number of the subcontractor.

b. The date upon which the subcontract was entered into and its duration.

c. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d. Documentation of the subcontractor's representative authority. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-4 MEASUREMENT AND PAYMENT

CONTRACT RELEASE

Solicitation: AG-0489-S-10-0337 PAGE 20 of 78

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:______________"

Solicitation: AG-0489-S-10-0337 PAGE 21 of 78

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 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-2 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.

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-3 SUBMITTALS

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Paint color chart 09900 10

H-4 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by

Solicitation: AG-0489-S-10-0337 PAGE 22 of 78 the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the

Contracting Officer.

H-5 SAFETY

Potential hazards include: soft road shoulders and project areas, operator fatigue, public traffic on haul roads, and operation of equipment on roads and within areas with limited pull out and turnaround spaces. The worksite areas will be closed to the public during paving and reconditioning activities, but those areas will still be some congestion related to construction traffic. Any personnel working on these projects will need to maintain situational awareness during all of the work activities.

Plans to reduce safety hazards and potential litigation inc lude announcements in local newspaper, and on the local radio station describing where and when public access closures and project implementation will take place and the contractor will provide warning signs and adequate traffic control at project work sites. Forest Service Personnel will also be notified of scheduled project activities.

Solicitation: AG-0489-S-10-0337 PAGE 23 of 78

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 (JUL 2004)

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 Federa l Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999)

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)

Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996)

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 (FEB 1988) 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) http://www.usda.gov/procurement/policy/agar.html

Solicitation: AG-0489-S-10-0337 PAGE 24 of 78

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and ot her 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 (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(DEC 2007)

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)

52.225-13 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 Infringe ment (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 (FEB 1992) 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)

52.232-17 Interest (OCT 2008) 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 (JULY 2002)

52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

Solicitation: AG-0489-S-10-0337 PAGE 25 of 78

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007)

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)--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 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I-3 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 means the 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

Solicitation: AG-0489-S-10-0337 PAGE 26 of 78

(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 name.

(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.

http://fedgov.dnb.com/webform

Solicitation: AG-0489-S-10-0337 PAGE 27 of 78

(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;

(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). Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other

Solicitation: AG-0489-S-10-0337 PAGE 28 of 78 than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757

I-4 FAR 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar

2009)

(a) Definitions. As used in this clause—

“Contract,‖ as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all type s of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements;

letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not inc lude grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see

FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009

(Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘

(FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR

2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor‘s past fiscal year of 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 Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

http://www.ccr.gov/

Solicitation: AG-0489-S-10-0337 PAGE 29 of 78

(3) Earnings for services under non-equity incentive plans. 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. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that…