AG-04H1-S-15-0010.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 38

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

AG-04H1-S-15-0010 05/21/2015 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA Forest Service Gifford Pinchot National Forest 10600 NE 51st Circle Vancouver, WA 98682

N/A

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Justin Holder 360 891-5082 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

June 12, 2015 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)

US FOREST SERVICE – REGION SIX – FACILITIES

MAINTENANCE AND REPAIR SERVICES

See Section L for submittal instructions

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

12. DISCOUNT FOR PROMPT PAYMENT 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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

US Forest Service – Region Six Facilities Maintenance and Repair Service

Blanket Purchase Agreement

B.1 Schedule of Items

The labor categories below are intended to provide pricing information for the Government to evaluate in determining whether or not to issue a Blanket Purchase Agreement (BPA). While the majority of BPA Calls will be competed on a firm-fixed price basis, the rates provided will be utilized for estimating purposes and contractors may be asked to honor them if hourly rate services are required. All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental material costs.

Item Number Description Unit of Measurement Rate

1 Carpenter Hour $____________

2 Roofer Hour $____________

3 General Labor Hour $____________

4 Flooring Installation (carpet/vinyl) Hour $____________

5 Tiler Hour $____________

6 Mason Hour $____________

7 Electrician Hour $____________

8 Mechanical/HVAC Hour $____________

9 Plumber Hour $____________

10 Painter (interior) Hour $____________

11 Painter (exterior) Hour $____________

B.2 Proposed Areas for Coverage

Indicate in the table below the Zones in which you would like to provide quotations for work. See section C.4 for additional information on geographic zones.

Zone Areas of Coverage Zone 1 – Western Washington Zone 2 – Eastern Washington Zone 3 – Northwestern Oregon Zone 4 – Southern Oregon Zone 5 – Central Oregon Zone 6 – Eastern Oregon

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Background and Purpose

The USDA, Forest Service, Pacific Northwest Region (PNW) and PNW Research Station (excluding Alaska units) have a variety of support facilities. These facilities support all Forest missions for public users and agency staff. Maintenance and updating of these facilities is required on a regular basis.

The intent of this procurement action is to enter into multiple Blanket Purchase Agreements (BPAs) under which facilities maintenance work may be competed and BPA Calls for project work issued. While a pre-set limitation is not established regarding the number of BPAs that will be entered in to, the amount may be limited in any geographic area if it is determined that sufficient competition is taking place and the administrative burden of entering in to more agreements offsets the potential benefit.

As identified in the attached map, the Region has been broken up in to six zones: Zone 1 (Western Washington); Zone 2 (Eastern Washington); Zone 3 (Northwestern Oregon); Zone 4 (Southwestern Oregon);

Zone 5 (Central Oregon); and Zone 6 (Eastern Oregon). BPA holders will indicate which zone(s) they are interested in providing coverage. When projects come available in those areas BPA holders who have indicated interest in covering the applicable zone will be requested to provide a quote. Projects estimated at $2,000, or less, may be negotiated and awarded without competition.

The bulk of work ordered through the use of the established BPAs will be classified as construction work, and this document and the contents are formatted accordingly. However, facilities maintenance and repair work that is classified as service may also be ordered through these BPA’s. The Contracting Officer issuing the service BPA Call will add the terms and conditions for service projects and remove unnecessary clauses for construction work.

C.2 Mandatory Terms and Conditions for Blanket Purchase Agreements

A. Description of Agreement:

The work covered by this Blanket Purchase Agreement is described below in section C.3. If issued a BPA Call, the contractor shall provide the services as described in accordance with the BPA Call document and the terms and conditions of this BPA.

B. Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under this BPA.

C. Purchase Limitation:

With the exception of those projects determined to fall under the Test Program for Certain Commercial Items, all calls placed under this BPA will fall under the Simplified Acquisition Threshold.

D. Individuals authorized to purchase under the BPA:

Any Forest Service Contracting Officer operating within the limits of their warrant may make purchases under these BPAs.

E. Delivery Tickets:

As this BPA is for construction work, the use of delivery tickets is not anticipated.

F. Invoices:

See FAR 52.232-5, incorporated by reference in Section I, for specific invoicing and payment procedures applicable to any Call issued under this BPA.

C.3 Description of Work

The intent of this BPA is to cover all aspects of facilities maintenance. Work will include, but is not limited to:

(a) General Building Maintenance, Construction, and Carpentry

Work requires a licensed and bonded General Contractor to perform general building maintenance, construction, and carpentry work. The Contractor shall be able to perform all phases of work which may include, but is not be limited to: ability to read and understand architectural and engineering plans; the accurate measuring and cutting of wood products; concrete formwork; concrete placement; concrete flatwork and finishing; wood and metal framing; installation of wood connectors; sheetrock installation;

taping and texturing; exterior wall and roof sheeting / decking; siding installation and replacement;

window and door repairs and replacements; cabinet repair and replacement; and wood trim / finish work.

General Building Maintenance and Construction work also includes, but is not limited to: site work;

excavation and backfilling; crushed rock for base, pavements; signs; curbing; water and waste-water lines repair; concrete foundations; rough carpentry; insulation; floor covering; roofing/gutter repair and replacement; counter top replacement; lookout tower repairs; welding; and steel erection. Projects may also include other building maintenance functions such as: minor exterior and interior painting; shake, asphalt/ fiberglass shingle, and metal roofing replacement or repair; heating ventilation and air conditioning system repairs and replacements; chimney sweeping; masonry repair; building condition inspections; and electrical system maintenance. All work must meet Forest Service specifications included with each BPA Call.

(b) Roofing Repair And Replacement

This BPA may include shake, asphalt/ fiberglass shingle, metal, and other types of roofing replacement and construction as required. This work also includes removal of existing roofing and installation of roof flashing, and may include re-sheathing roofs. All work must meet Forest Service specifications included with the BPA call. This work will generally be associated with building maintenance, construction, or remodeling covered under C.3.A.

(c) Electrical Wiring

This BPA may include minor electrical construction and maintenance generally associated with building maintenance, construction, or remodeling covered under C.3.A. A State Licensed Electrician shall perform electrical wiring work. Electrical work shall include, but not be limited to: repair and replacement of interior/exterior light fixtures; electrical service entrance and panel replacement;

rewiring; wall switches and outlets; timers; communication wiring and receptacles; and install, or repair entire building, or utility structure electrical systems. All work shall meet current State and local Electrical Codes, Forest Service specifications, and comply with the National Electrical Codes (NEC).

(D) HVAC System Replacement And Construction

This BPA may include heating ventilation and air conditioning (HVAC) system replacements and construction generally associated with building maintenance, construction, or remodeling covered under C.3.A. HVAC will be performed by a state licensed and bonded HVAC Contractor. HVAC work shall include but is not be limited to: installation and replacement of heat pumps, forced air furnaces, ventilation fans and associated duct work, air conditioning systems, unit heaters, duct work, and other HVAC equipment. All work shall meet current State and local building Codes, and Forest Service specifications included with each BPA Call.

(e) Plumbing Services

This BPA may include plumbing system replacement, upgrades and construction generally associated with building maintenance, construction, or remodeling covered under C.3.A. Plumbing shall be performed by a state certified Plumber’s License. Plumbing work may include but not be limited to:

replacing plumbing fixtures, installation of new plumbing piping, installation / replacement of water spigots and anti-siphon devices, yard hydrants, leak detection, well pump maintenance and replacement, and new construction of natural gas or propane piping. Installation of underground water and sewer lines may be required as part of an issued BPA Call. All work must meet International Code Council International Plumbing Code, State, and Local Plumbing and Building Codes, and Forest Service specifications included with the BPA Call.

(F) Building Demolition

This BPA may also include selective removal and demolition of building components at a project site, as well as the entire demolition of buildings. This work may also include the removal of foundations, capped and abandoned utilities, and other site improvement as described in the BPA call. Disposal of waste materials will be in accordance with applicable local, state and federal regulations.

C.4 Project Locations

The areas covered by this BPA include the following:

Zone 1 (Western Washington): Olympic NF, Mt. Baker-Snoqualmie NF, Gifford Pinchot NF, and portion of PNW Research Station. This zone includes forest lands within Pierce, King, Snohomish, Tumwater, Skagit, Whatcom, Grays Harbor, Mason, Jefferson, Clallam, Lewis, Cowlitz, Skamania, and Clark Counties.

Zone 2 (Eastern Washington): Okanogan-Wenatchee NF, Colville NF and portion of PNW Research Station. This zone includes forest lands within Chelan, Douglas, Grant, Kittitas, Okanogan, Yakima, Ferry, Stevens and Pend Oreille Counties.

Zone 3 (Northwestern Oregon): portion of Mt. Hood NF, portion of Siuslaw NF, Willamette NF, portion Umpqua NF and portion of PNW Research Station. This zone includes forest land within Multnomah, Hood River, Clackamas, Linn, Lane, Polk, Benton, Tillamook, and Lincoln, Counties.

Zone 4 (Southern Oregon): portion of Umpqua NF, portion of Siuslaw NF, Siskiyou-Rogue River NF, and portion of PNW Research Station. This zone includes forest land within Douglas, Coos, Curry, Josephine, and Jackson Counties.

Zone 5 (Central Oregon): portion of Mt. Hood NF, Deschutes NF, portion of Umatilla NF, portion of Ochoco NF, Winema-Fremont NF and portion of PNW Research Station. This zone includes forest land within Sherman, Wasco, Jefferson, Deschutes, Crook, Wheeler, Lake, and Klamath Counties.

Zone 6 (Eastern Oregon): portion of Ochoco NF, portion of Umatilla NF, Wallowa-Whitman NF, Malheur NF, and portion of PNW Research Station. This zone includes forest land within Harney, Grant, Morrow, Umatilla, Union, Wallowa, and Baker counties, plus three additional counties in the State of Washington: Columbia, Garfield and Asotin Counties.

C.5 Applicable Specifications (CSI Projects)

The specifications that apply will be identified within each individual project solicitation. A specification list and the actual project specifications will be included. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C.6 Definitions

Wherever in the specifications, or in other documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. Acceptance –

a. Official receipt and review by the Government of required plans (erosion control plan, etc.)

provided by the contractor. Once the contractor receives notice of acceptance by the Government, the contractor may proceed with the work covered by the plan or dependent upon plan acceptance.

b. Also acceptance of work. The act of an authorized representative of the Government by which the Government assumes ownership of identified materials provided, or approves specific work rendered as partial or complete performance of the contract.

2. Adjustment in Contract Price – --“Equitable adjustment,” as used in the Federal Acquisition

Regulations.

3. Agreed or Agreement - Official written consensus between the Government and contractor on contract schedules, modifications, or procedures. Agreements require signature of Contractor’s Representative and are dated.

4. Approval - Official written agreement or acceptance by the Government of a product or proposal based upon submittal of required information by the Contractor, or approval of intermediate work (form work, trenching, etc.) performed by the contractor.

5. Backfill - Material used to replace or the act of replacing material removed during construction.

Material placed or the act of placing material adjacent to structure, and in utility line trenches.

6. Best Value - The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

7. Contracting Officer (CO) – An official of the Government with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

8. Contracting Officer Representative (COR) - Representative of the Contracting Officer who performs quality assurance evaluations of the Contractor's performance.

9. Contract Modification - Any written change in the terms of a contract. Contract modifications are of the following forms:

(a) Administrative change. A unilateral contract change, in writing, that does not affect the substantive rights of the parties (e.g., a change in the paying office or the appropriation data).

(b) Change order. A written order, signed by the CO, directing the Contractor to make a change that FAR Clause 52.243-5 Changes and Changed Conditions authorizes the CO to order without the Contractor's consent.

(c) Supplemental agreement. A contract modification that is accomplished by the mutual action of the parties.

10. Contractor - The individual or legal entity contracting with the Government for performance of prescribed work.

11. Days – Calendar days.

12. Drawings. Illustrations showing details of required work. The contract plans furnished by the

Government showing the location, type, dimensions, and details of the work

13. Forest Service - The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

14. Government - The Government of the United States of America.

15. Inspector - The Government's authorized representative designated in writing, assigned by the COR to make detailed inspections of contract performance, but not to sign orders to the Contractor.

16. Mobilization - Preparatory work, transportation and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site location shown in the task order.

17. Notice to Proceed - Written notice to the Contractor to begin the contract work.

18. Option - A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.

19. Order - A written order by the Government directing fulfillment of work requirements under the terms of the contract.

20. Pay Item - A specific item of work for which a unit and price is provided in the task order.

21. Payment Bond – The security executed by the Contractor and surety or sureties and furnished to the Government to ensure payments as required by law to all persons supplying labor or material according to the contract.

22. Schedule of Items - A schedule in the contract that contains a listing and description of work items, quantities, units of measure, methods of measurement, unit price, and amount.

23. Specifications – Required Government, industrial and/or commercial standards for construction, renovation, maintenance and repair of Government facilities

24. Work - The furnishing of all labor, material, equipment, and other incidentals necessary to successfully complete the project according to the contract.

25. Work Schedule. The Contractor’s current schedule for work progression.

C.7 Abbreviations

Whenever in the specifications or other documents associated with a Call issued under this BPA, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows: (Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of Call issuance)

AAMA American Architectural Manufacturers Association ACI American Concrete Institute AISC American Institute of Steel Construction ASME American Society of Mechanical Engineers ANSI American National Standard Institute APA American Plywood Association ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWI Architectural Woodwork Institute AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association CFR Code of Federal Regulations CS Commercial Standard CSI Construction Specifications Institute CSSB Cedar Shake Shingle Grading Bureau DOE Washington State Department of Ecology DOH Washington State Department of Health EPA United States Environmental Protection Agency FAR Federal Acquisition Regulation FS Federal Specification GANA Glass Association of North America IAMPO International Association of Plumbing and Mechanical Officials ICC International Code Council ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers IMC International Mechanical Code IPC International Plumbing Code NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIOSH National Institute for Occupational Safety and Health NPT National Pipe Thread

NSF National Sanitation Foundation NWWDA National Wood Window and Door Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association SSPC Steel Structures Painting Council UL Underwriters Laboratories, Inc.

USDA United States Department of Agriculture USFS United States Forest Service WAC Washington Administrative Code WCLIB West Coast Lumber Inspection Bureau WISHA Washington State Department of Labor and Industry Health Standards WWPA Western Wood Products Association

SECTION D--PACKAGING AND MARKING

{For this Solicitation/Agreement, 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)

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

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

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

E.3 Conformity with Drawings and Specifications

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

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

SECTION F--DELIVERIES OR PERFORMANCE

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

This agreement 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

52.242-14 Suspension of Work (APR 1984)

F.2 Effective Period of Agreement

This agreement is subject to the annual review procedures outlined in FAR 13.303-6. The agreement shall remain valid and in effect until such time that either party to the agreement determines that it is no longer beneficial or effective. Should the Government make this determination, a cancellation notice shall be provided to the vendor. Should the Vendor make the determination, they shall provide written notice to the Government of their intent to cancel the agreement. Cancellation of the BPA will not affect the obligations of either party regarding outstanding Calls which have not been closed out.

F.3 Suspensions of Work 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, conditions which causes otherwise suitable soils to be muddy or unsuitable at project site; or

(2) Failure of the Contractor to comply with specifications such as but not limited to exterior painting or placing of concrete 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 its 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 an 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) for each call placed under this BPA.

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

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 call, and the call 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 BPA or Call 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 BPA Call, 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 claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 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:

(1) Workers Compensation and Employer’s Liability. The Contractor is required to comply with applicable Federal and State worker’s 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.

(2) 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.

(3) 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.

(4) 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.

Evidence of coverage will be provided at the time of issuance of a BPA Call.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

This agreement 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

Please note that the clauses listed below are applicable to any Call issued under this BPA

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

(JUL 2013)

52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 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) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) (Applicable wage determination will be included with BPA Call Solicitation) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports Veterans (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 (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts http://www.usda.gov/procurement/policy/agar.html

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 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 BPA Call exceeds $30,000) 52.228-11 Pledges of Assets (JAN 2012) (Applicable if BPA Call exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

(Applicable if BPA Call exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (NOV 2014) (Applicable if BPA Call 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 (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) And Alternates?

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 BPA Call 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) 452.236-77 Emergency Response (NOV 1996)

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:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

I.3 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

(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.

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“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.

(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:

_____________As indicated on BPA Call_____________________________ [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.

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(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.4 AGAR 452.228-70 Alternative Forms Of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to:

USDA Forest Service.

I.5 AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) (Alternate 1) (FEB 2012)

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

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

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

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

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

SECTION J--LIST OF ATTACHMENTS

For This Solicitation There Are No Attachments

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All Items --NAICS Code 236220 --Size Standard $36.5 Million

K.2 52.204-8 Annual Representations and Certifications (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the

Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative…