a. AG04KKS100005.doc

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04KK-S-10-0005

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

07/16/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

419518

6. PROJECT NO.

7. ISSUED BY

CODE

Malheur National Forest

431 Patterson Bridge Road

P.O. Box 909

John Day, OR 97845

9. FOR INFORMATION

CALL:

A. NAME

Sarah Ackerman—Contract Specialist Chris Wall—Technical Specialist B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-575-3155

541-575-3036

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Price Range

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction Harney County, Oregon

Malheur National Forest Supervisor’s Office

The Government's estimate is:

between $25,000 and $100,000.

11. The Contractor shall begin performance within 14 calendar days and complete it within 30 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See F-1.)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO (IF OFFER IS GREATER THAN $100,000.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 pm local time 08/17/2010. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required. (IF OFFER IS GREATER THAN $100,000.)

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e) OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

AG-04KK-S-10-0005

Page

Name of Offeror or Contractor:

SCHEDULE OF ITEMS

TOTAL ALL ITEMS

Contractor is required to offer on all items.

NOTE: Payment for bond premiums in accordance with FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

TIN: __________________________

DUNS: ________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

DESCRIPTION OF WORK

The purpose of this solicitation is to secure labor, equipment, and supplies, except for specified Government-furnished property, to construct a recreation trail that stretches for 1,714 feet in length and is to be 5 feet in width. This trail shall meet ADA requirements. This trail will begin at the Sumpter Valley Railroad Interpretive Site turnout and will tie in with the existing trail at the Old Sumpter Valley Railroad Historical Site..

C-2

PROJECT LOCATION

This project is located on the Prairie City Ranger District of the Malheur National Forest. This project is located off of Highway 26 east of Prairie City, Oregon about 8.5 miles. The site where construction will begin, sits along Highway 26 about ½ mile before the existing Sumpter Valley Railroad Trailhead.

C-3

PRICE RANGE

This project is estimated to be between $25,000 and $100,000.

C-4

APPLICABLE SPEDIFICATIONS (ROAD AND TRAIL PROJECTS)

Standard or Special Project Specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Special Project Specifications shown on the specification list are physically attached.

C-5 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D—PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.242-14 Suspension of Work (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

E-2 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html FAR 52.246-12 Inspection of Construction (APR 1996)

E-3

INSPECTION

Inspection for acceptance of work will be accomplished by a 100 percent visual inspection and will be based on adherence to the specifications found in FP-03 Specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required by the Contractor at no additional cost to the Government. Areas not adhering to specifications will be identified to the contractor and documented in the daily diary.

E-4

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F--DELIVERIES OR PERFORMANCE

F-1

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 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on September 1, 2010.

NOTE: Contract shall be completed no later than November 1, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1

MEASUREMENT AND PAYMENT

Measurement and payment will be performed and calculated in accordance with FP-03 Section 109.

G-2 AGAR 452.215-73 Postaward Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at either the Malheur National Forest; 431 Patterson Bridge Road; John Day, OR 97845 or some other mutually agreed upon location.

G-3

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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-4

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

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

B.

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

C.

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

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-5

CONTRACT RELEASE OF CLAIMS

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:___NONE____"

G-6

CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

Prior to final payment of the contract, Contractor shall register in the Contractor Performance System. Information on registering in the system can be found at: http://cps.od.nih.gov/cps_contractor_registration.htm

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer 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-2

LANDSCAPE PRESERVATION

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

a.

Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b.

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

H-3

SAFETY

The following are some safety hazards which have been identified while performing trail construction/reconstruction activities on the National Forest. The Contractor shall provide a written, job specific safety plan addressing these hazards at the post award conference. The Safety Plan shall, at a minimum, address all potential safety hazards listed below.

1. Traffic Hazards

A.

Narrow, gravel- or native-surfaced forest roads

1. Construction traffic

2. Recreational traffic (including ATV’s)

3. Dusty conditions when the following or meeting other vehicles

4. Rough running surface

B. Obstructions In Road

1. Livestock and wildlife

2. Rolling rocks

3. Downed timber

2. Work Environment

A. Weather/Heat/Cold

B. Bees nests

C. Ticks

D. Uneven ground

E. Snags/hazard trees

F. Personal safety equipment

3. Truck Driving & Trailer Towing

A. Stopping distance

B. Loads securely lashed

C. Clearances (powerlines, etc.)

D. Steep grades

4. Excavation

A. Slope stability

B. Trench stability (CMP’s etc.)

C. Loose material/rolling rock

D. Noise

E. Water

5. Heavy Equipment Operation

While operating or working adjacent to or near heavy equipment, strict attention should be given to safety procedures. Injury, disability, or death may occur during any of the following:

A. Backing

B. Clearance around backhoes/excavators/cranes

C. Steep side slopes or soft ground/rollover

D. Refueling

E. Equipment limitations

F. Unsafe equipment / lack of safety equipment (hard hats, chaps, and other job-specific safety equipment)

G. Operator failure

H. Overhead hazards when cranes or excavators are operating during heavy lifting operations

I. Trailer, bucket, and other connections or retrofitting

J. Loud noise

K. Restricted sight distance

L. Reduced hearing capability of operator due to equipment noise

M. Overhead hazards when working near equipment

N. Heavy loads, including dead and live weight

O. Transport failures and accidents

1. Unstableness

2. Tie-downs

P. Loading/unloading hazards

H-4

SUBMITTALS

The following shall be submitted on this project:

#1 Railroad Tie Proof of Purchase

SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

See Specifications

MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

See Specifications

H-5 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-6 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.

A.

Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C.

Government inspections and tests are for the sole benefit of the Government and do not--

1.

Relieve the Contractor of responsibility for providing adequate quality control measures;

2.

Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3.

Constitute or imply acceptance; or

4.

Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D.

The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E.

The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F.

The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G.

If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H.

If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I.

Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html FAR 52.204-7 Central Contractor Registration (JUL 2006)

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

FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-14 Limitations on Subcontracting (DEC 1996)

FAR 52.219-28 Post-Award Small Business Program (JUN 2007) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Davis-Bacon Act (JUL 2005)

FAR 52.222-7 Withholding of Funds (FEB 1988)

FAR 52.222-8 Payrolls and Basic Records (FEB 1988)

FAR 52.222-9 Apprentices and Trainees (JUL 2005)

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

FAR 52.222-11 Subcontracts (Labor Standards) (JUL 2005)

FAR 52.222-12 Contract Termination - Debarment (FEB 1988) FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988)

FAR 52.222-15 Certification of Eligibility (FEB 1988)

FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-50 Combating Trafficking in Persons (AUG 2007) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

FAR 52.223-6 Drug-Free Workplace (MAY 2001)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

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

FAR 52.228-1 Bid Guarantee (SEP 1996)

FAR 52.228-2 Additional Bond Security (OCT 1997)

FAR 52.228-11 Pledges of Assets (FEB 1992) FAR 52.228-13 Alternative Payment Protections (JUL 2000) FAR 52.228-14 Irrevocable Letter of Credit (DEC 1999)

FAR 52.228-15 Performance and Payment Bonds - Construction (NOV 2006)

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

FAR 52.232-17 Interest (JUN 1996)

FAR 52.232-23 Assignment of Claims (JAN 1986)

FAR 52.232-27 Prompt Payment For Construction Contracts (SEP 2005)

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

FAR 52.233-1 Disputes (JUL 2002)

FAR 52.233-3 Protest after Award. (AUG 1996)

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

FAR 52.236-2 Differing Site Conditions (APR 1984)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

FAR 52.236-5 Material and Workmanship (APR 1984)

FAR 52.236-6 Superintendence by the Contractor (APR 1984)

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

FAR 52.236-8 Other Contracts (APR 1984)

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

FAR 52.236-10 Operations and Storage Areas (APR 1984)

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

FAR 52.236-12 Cleaning Up (APR 1984)

FAR 52.236-13 Accident Prevention (NOV 1991)

FAR 52.236-15 Schedules for Construction Contracts (APR 1984)

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

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.243-4 Changes (JUN 2007)

FAR 52.244-6 Subcontracts for Commercial Items (MAR 2007)

FAR 52.245-1 Government Property (JUN 2007)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) Alternate I (SEP 1996) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984)

FAR 52.253-1 Computer Generated Forms (JAN 1991)

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA Forest Service

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts (NOV 1996)

AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

AGAR 452.236-77 Emergency Response (NOV 1996)

NOTE: If your offer is under $100,000, the “Alternative Payment Protections” clause (FAR 52.228-13) applies in lieu of FAR 52.228-1, 52.228-2, 52.228-11, 52.228-14, and 52.228-15.

I-2

ORDER OF PRECEDENCE--CONSTRUCTION

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

(1) The Schedule (excluding the specifications); i.e. Sections A, B, D, E, F, G, and H

(2) Representations and Other Instructions; i.e. Sections K, L, and M

(3) Contract Clauses; i.e. Section I

(4) Other Documents, Exhibits, and Attachments; i.e. Section J

(5) Special Project Specifications

(6) Standard Specifications; i.e. Section C (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 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause—

“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—

(1) 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

(2) 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; or

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

“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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. 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 the construction material 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 Act 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 Act 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 Act.

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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

Item 1:

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 FAR 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2002)

(a) Definitions. “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 solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

SECTION J

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

The following documents, exhibits, and other attachments are separate documents.

SECTION K

PART IV--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K-1 FAR 52.204-8 Annual Representations and Certifications (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) 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 (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K-2 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 237990

- Size Standard $33.5 million K-3

GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that--

(a) It FORMCHECKBOX is, FORMCHECKBOX is not a current Federal Government employee.

(b) It FORMCHECKBOX is, FORMCHECKBOX is not a former USDA EMPLOYEE.

(c) It FORMCHECKBOX is, FORMCHECKBOX is not a retired USDA employee. If retired, give date of retirement ______________.

(d) It FORMCHECKBOX is, FORMCHECKBOX is not related to a current Forest Service employee on the Malheur National Forest. If so, list employee's name and location. ____________________________________

(e) The firm FORMCHECKBOX is, FORMCHECKBOX is not substantially owned or controlled by a former USDA employee or retiree.

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L-1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html FAR 52.204-6 Data Universal Numbering System (DUNS) Number (APR 2008)

FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (JAN 2004)

FAR 52.236-28 Preparation of Proposals - Construction (OCT 1997)

AGAR 452.204-70 Inquiries (FEB 1988)

L-2 FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

L-3 FAR 52.222-5 Davis-Bacon Act--Secondary Site of the Work (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

L-4 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

4.4%

Goals for Female Participation for Each Trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is OREGON, GRANT HARNEY COUNTY, NEAR PRAIRIE CITY

L-5 FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or 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 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction…