AG-04GG-S-16-0008__Rim_Butte_OHV_Construction_of_2_Staging_Areas.pdf

SOLICITATION NO. AG-04GG-S-16-0008

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 47

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-04GG-S-16-0008 MARCH 31, 2016 787610

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

DESCHUTES NATIONAL FOREST

63095 DESCHUTES MARKET RD.

BEND, OR 97701

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME

MARIA GONZLEZ, CONTRACT SPECIALIST

JERALD WESLEY – TECHNICAL CONTACT

TELEPHONE NUMBER

(541)383-5547

(541)383-5626

OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the

MAY 17, 2016 4:30 PM

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

DESCHUTES NATIONAL FOREST –

CONSTRUCTION OF 2 STAGING AREAS

FOR RIM BUTTE OHV TRAILS.

SEE ATTACHED BID ITEMS

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Rim Butte OHV Project Bend/Fort Rock Ranger District

Schedule of Items Contractor Name:_________________________ Phone No.__________________________

DUNS NO. __________________________ TAX ID. ____________________________

Item No. Description Method of Measure

Quantity Pay Unit Unit Price Price

BASE ITEMS

15101 Mobilization LSQ 1 ALL $ $

20104 Clearing and Grubbing, disposal of tops and limbs j, logs j, stumps j , brush j

2.14 ACRE $ $

20801 Structural Excavation

CY $ $

20803 Structural Backfill

7.2 CY $ $

30111 Aggregate surface course, grading E, compaction method B

37 CY $ $

30321 Road reconditioning, roadbed, compaction method B LSQ 1 ALL $ $

32211

Aggregate surface coarse, grading 3/4 inch minus pit run aggregate, 6 inch depth, compaction method B

300 CY $ $

65102 Pit and Quarry Development LSQ 1 ALL $ $

139000 Vault Toilet Structure, Furnish & Install

2 EACH $ $

OPTION ITEM

20103 Clearing and Grubbing, disposal of tops and limbs j, logs j, stumps j , brush j

0.7 MILE $ $

GRAND TOTAL

PROPOSALS ARE REQUIRED FOR THIS PROJECT.

FAXED PROPOSALS ARE NOT ACCEPTABLE

*NOTE: COMPLETE RETURN PACKAGE WITH ORIGINAL SIGNATURES MUST

BE HARD COPIED MAILED OR HAND DELIVERED TO:

U.S.F.S. - Descutes N.F.

Attn: Contracting, Maria Gonzalez

63095 Deschutes Market Road

Bend, OR 97701

SITE VISIT INFORMATION See Section C.6

ALTERNATIVE PAYMENT PROTECTIONS SEE SECTION 1.6

EVALUATION FOR AWARD SECTION M.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

This work consists of mobilization, preparing roadway segment for surface reconditioning, reconditioning existing turnouts, placement of surface aggregate for parking area, placement of roadway aggregate, clearing and grubbing of two staging areas, furnish and installation of two vault toilet structures, pit and quarry development, option item of roadway clearing; and the necessary traffic control to complete the work.

The Contractor shall utilize products and materials that promote energy conservation, pollution prevention, waste reduction, use of recovered materials, that are environmentally preferable, with recycled content and that are recyclable, are made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered.

C.2 PROJECT LOCATION

The project is located approximately 27 miles east of La Pine, Oregon on the Bend-Fort Rock

Ranger District on the Deschutes National Forest. Access to the project area is gained by US

Highway 97.

Staging Area #1 Directions: From La Pine, Oregon head south on US Highway 97 and turn left onto Finley Butte Road/Forest Service Route 22. Continue east on Finley Butte Road/Forest

Service Route 22 for 16.7 miles and make a slight left onto Forest Service Route 2230. Continue on Forest Service Route 2230 for 6.3 miles and turn left onto Forest Service Route 2127-700.

Continue on Forest Service Route 2127-700 for 0.7 miles and the proposed Staging Area will be on the right.

Staging Area #2 Directions: From La Pine, Oregon head south on US Highway 97 and turn left onto Finley Butte Road/Forest Service Route 22. Continue east on Finley Butte Road/Forest

Service Route 22 for 16.7 miles and make a slight left onto Forest Service Route 2230. Continue on Forest Service Route 2230 for 3.8 miles and make a slight left onto Forest Service Route

2127. Continue on Forest Service Route 2127for 2.5 miles and the proposed Staging Area will be on the left.

C.3 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes.

If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in

States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

$200,000 multiplied by the number of seats or passengers, whichever is greater.

C.4 PRICE RANGE

The estimated price range is between $25,000.00 and $100,000.00.

C.5 SPECIFIC WORK REQUIREMENT

As provided for in the FSSS’s, and as shown on the drawings. (attached in separate document)

The government provided water source for this project will be Cabin Lake Forest Service

Station (see drawings).

C.6 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site

Investigations and Conditions Affecting Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) A pre-bid conference will be scheduled (see below). Site visits may be arrange during normal work hours by contacting:

Name: Jerold Wesley

Telephone: 541-383-5626

Cell: 541-419-1988

SECTION D PACKAGING AND MARKING

{For this Solication 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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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 September 30, 2016.

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

Work is estimated to begin July 11, 2016.

F.3 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 20 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.

F.4 AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within 3 calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following information in writing for approval:

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

(b) The hours (including the daily starting and stopping times) and days of the week the

Contractor proposed to carry out the work

The maximum workweek that will be approved is Monday thru Friday 7am-5pm, or weekends if approved by the Contracting Officer. Any excess hours worked over 40 hours, employees are required to be paid at least 1 and ½ times the basic rate of pay.

F.5 SUSPENSIONS FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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

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.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and the Technical Specifications of the contract.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference. The conference will be held at Deschutes NF

Supervisors Office, 63095 Deschutes Market Road, Bend, OR 97701. A day and time will be established after contract award.

G.3 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Except as is specifically SHOWN ON THE DRAWINGS. Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a)

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: Visual Inspection

G.4 FAR 52.236-14 -- AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the

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

Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting

Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Utility Services: NONE

G.5 GOVERNMENT FURNISHED PROPERTY

Description Location Remarks

Aggregate surface course, grading E

Ice Rock Quarry This material is for FSR

2127-700 reconditioning

Bedding Aggregate

Material

Ice Rock Quarry This material is for

Bedding Aggregate for

Vault Toilets

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SUBMITTAL, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND

TESTING REPORTS

The following shall be submitted on this project:

Title Referenced By

Specification No.

Time of Government

Approval after

Submittal

Project Schedule FAR 52.236-15 5 days

Health and Safety Plan (Accident Prevention) 107.08 5 days

Hazardous Spill Plan FSSS 107.10 5 days

H.2 MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced By Specification

No.

Surface Treatment Aggregate Gradation Oregon Standard

Specifications for Construction

00710.10(c)

Emulsified Asphalt FP-03 409.10, FSSS 409.10 and Oregon Standard

Specifications for Construction

Section 00710

H.3 FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 Publication No. FHWA-FLH-03-

Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 Or from:

http://www.fs.fed.us/database/acad/welcome.htm.

Specification Address

AASHTO Standards American Association of State Highway and Transportation Officials 341 National Press Building Washington, DC 20024

ACI American Concrete Institution Box 19150 Redford Station

Detroit, MI 48219

ASTM Standards American Society for Testing Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

AWPA American Wood Preservers Association PO Box 849 Stevensville, MD 21666

FS Federal Specifications (GSA) Building 197, Washington Navy Yard, SE Washington, DC 20407

MUTCD Manual on Uniform Traffic Control Devices Superintendent of Documents U.S. Government Printing Office Washington, DC 20402

WCLIB West Coast Lumber Inspection Bureau PO Box 23145 Portland, OR 97223

WWPA Western Wood Products Association (Grading Rules) 1500 Yeon Building Portland, OR 97204

H.4. 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.5 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

All site work shall be in complience with FAR 52.236-9, 52.237-2, & AGAR 4236.71, ~73, ~74

(referenced in Section I) and the following project specific requirements.

(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual

States. If a spill of petroleum product should occur in water, the Contractor shall immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-

0311 or 1-503-378-4124.

H.6 TRAFFIC CONTROL

Traffic Control shall conform with Sections 156 and 635.

During Construction the site will be closed to the public.

Suitable warning signs shall be provided to properly control and direct traffic. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the

Federal Highway Administrations and applicable safety codes.

H.7 FINAL CLEANUP

In addition to FAR 52.236-12 Cleaning Up (Apr 1984)(Referenced in Section I).

H.8 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the

Government.

H.9 FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of --(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the

Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the

Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.10 FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor, based on the information made available by the Government. Nor does the

Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.11 FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The

Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the

Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment.

When required by this contract or by the Contracting Officer, the Contractor shall also obtain the

Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the

Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The

Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.12 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer, and has authority to act for the Contractor.

H.13 FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.13 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting. (1) The Contractor, under the provisions of

FAR clause 52.236-9, Protection of existing vegetation, structures, equipment, utilities, and improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contactor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(NOTE: See Fire Plan Requirements referenced in the attachments.)

H.14 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change.

The Government reserves it’s unilateral right to conduct verification inspections to ensure

Contractor's compliance.

H.15 USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H.16 SITE SAFETY PLAN

The contractor shall submit a written site, specific safety plan for each project, which includes procedures for traffic control, and heavy equipment use. The intent is to use this plan as a basis of discussion at the pre-work and subsequent meetings to insure safe contractor operations. It will also be used as the safety standard during the course of the construction project.

H.17 NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds into the Deschutes National Forest, the Contractor shall be required to furnish the Government with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the

Deschutes County weed Board or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service

Officer, and certified in writing to be reasonably clean and weed free. Inspection will take place at a location designated by the Forest Officer in advance of equipment and material arrival.

Equipment and vehicles are expected to proceed directly to the job site following the inspection.

Materials to be used on the project will be delivered to the job site following the inspection.

Materials to be used on the project will be delivered to the project after inspection and approval.

(f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUL 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)

52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

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

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

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

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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

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

52.228-2 Additional Bond Security (OCT 1997) (applicable if contract exceeds $30,000)

52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $30,000)

52.228-14 Irrevocable Letter of Credit (NOV 2014) (Applicable if contract exceeds $30,000

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

52.232-23 Assignment of Claims (MAY 2014)

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

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

2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

52.233-1 Disputes (JMAY 2014)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2015)

52.245-1 Government Property (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

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) (Applicable if contract is over $30,000)

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)

I.2 FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

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

(1) The Schedule (excluding the specifications).

(2) Representations and other instructions.

(3) Contract clauses.

(4) Other documents, exhibits, and attachments.

(5) Special Project Specifications.

(6) Standard Specifications, (including FAR clauses).

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop drawings.

I.3 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

(a) Definition. “Construction, alteration or repair,” as used in this clause, means all types of work done by laborers and

(b) mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation—

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the “site of the work” as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the “site of work” definition; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the “site of the work” definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the “site of the work” definition).

(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled—

(1) Davis-Bacon Act;

(2) Contract Work Hours and Safety Standards Act—Overtime Compensation (if the clause is included in this contract);

(3) Apprentices and Trainees;

(4) Payrolls and Basic Records;

(5) Compliance with Copeland Act Requirements;

(6) Withholding of Funds;

(7) Subcontracts (Labor Standards);

(8) Contract Termination—Debarment;

(9) Disputes Concerning Labor Standards;

(10) Compliance with Davis-Bacon and Related Act Regulations; and

(11) Certification of Eligibility.

(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting

Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(E) THE CONTRACTOR SHALL INSERT THE SUBSTANCE OF THIS CLAUSE, INCLUDING THIS

PARAGRAPH (E) IN ALL SUBCONTRACTS FOR

I.4 FAR 52.225-9 BUY AMERICAN -CONSTRUCTION MATERIALS

(MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508

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

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means—

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the

Buy American statute is waived for construction material that is a COTS item. (See FAR

12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than

6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy

American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.5 FAR 52.225-10 NOTICE TO BUY AMERICAN ACT REQUIREMENT—

CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,”

“domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction

Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the

Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs

(c) and (d) of the clause at FAR 52.225-9 in the request.

If an offeror has not requested a determination regarding the inapplicability of the Buy

American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this…