a. AG-04KK-S-12-0005.rtf
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- AG-04KK-S-12-0005
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AG-04KK-S-12-0005 Solicitation Packet
Text of this file
AG-04KK-S-12-0005 Ten Cent Creek AOP Installations--Solicitation Page | 3 of 35 file_0.emf file_1.wmf file_2.emf file_3.wmf file_4.emf file_5.wmf
| HYPERLINK \l "_Toc322610667" Section C—Description/Specifications | 7 | |
| HYPERLINK \l "_Toc322610668" C-1 | Description of Work | 7 |
| HYPERLINK \l "_Toc322610669" C-2 | Project Location | 7 |
| HYPERLINK \l "_Toc322610670" C-3 | NOXIOUS WEED CONTROL | 7 |
| HYPERLINK \l "_Toc322610671" C-4 | Applicable Specifications (Road Projects) | 7 |
| HYPERLINK \l "_Toc322610672" C-5 | AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) | 8 |
| HYPERLINK \l "_Toc322610673" C-6 | AGAR 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988) | 8 |
| HYPERLINK \l "_Toc322610674" C-7 | Estimated Contract Value | 8 |
| HYPERLINK \l "_Toc322610675" Section D—Packaging and Marking | 9 | |
| HYPERLINK \l "_Toc322610676" Section E—Inspection and Acceptance | 10 | |
| HYPERLINK \l "_Toc322610677" E-1 | FAR 52.246-12 Inspection of Construction (AUG 1996) | 10 |
| HYPERLINK \l "_Toc322610678" E-2 | Final Cleanup | 10 |
| HYPERLINK \l "_Toc322610679" Section F—Deliveries or Performance | 11 | |
| HYPERLINK \l "_Toc322610680" F-1 | FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) | 11 |
| HYPERLINK \l "_Toc322610681" F-2 | AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) | 11 |
| HYPERLINK \l "_Toc322610682" Section G—Contract Administration Data | 12 | |
| HYPERLINK \l "_Toc322610683" G-1 | AGAR 452.215-73 Post-award Conference (NOV 1996) | 12 |
| HYPERLINK \l "_Toc322610684" G-2 | Contract Release | 12 |
| HYPERLINK \l "_Toc322610685" G-3 | Government-Furnished Property | 12 |
| HYPERLINK \l "_Toc322610686" G-4 | DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE | 12 |
| HYPERLINK \l "_Toc322610687" G-5 | APPROVAL OF SUBCONTRACTING | 13 |
| HYPERLINK \l "_Toc322610688" Section H—Special Contract Requirements | 14 | |
| HYPERLINK \l "_Toc322610689" H-1 | Product Substitution | 14 |
| HYPERLINK \l "_Toc322610690" H-2 | Product Substitution Requirements | 14 |
| HYPERLINK \l "_Toc322610691" H-3 | Contractor’s Representation & Responsibility | 15 |
| HYPERLINK \l "_Toc322610692" H-4 | Submittals, Shop Drawings, Material Certifications and Testing Reports | 15 |
| HYPERLINK \l "_Toc322610693" H-5 | Moisture Sensitive Soils | 15 |
| HYPERLINK \l "_Toc322610694" H-6 | Landscape Preservation | 15 |
| HYPERLINK \l "_Toc322610695" H-7 | Conformity with Drawings and Specifications | 15 |
| HYPERLINK \l "_Toc322610696" H-8 | Construction Stakes, Lines, and Grades | 16 |
| HYPERLINK \l "_Toc322610697" H-9 | Traffic Control | 17 |
| HYPERLINK \l "_Toc322610698" H-10 | Control of Material | 17 |
| HYPERLINK \l "_Toc322610699" H-11 | Safety | 18 |
| HYPERLINK \l "_Toc322610700" H-12 | Suspensions for Other Than Government’s Convenience | 18 |
| HYPERLINK \l "_Toc322610701" H-13 | Additional Requirements or Restrictions | 18 |
| HYPERLINK \l "_Toc322610702" Section I—Contract Clauses | 19 | |
| HYPERLINK \l "_Toc322610703" I-1 | FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) | 19 |
| HYPERLINK \l "_Toc322610704" I-2 | FAR 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009) | 20 |
| HYPERLINK \l "_Toc322610705" I-3 | FAR 52.225-9 Buy American Act - Construction Materials (SEP 2010) | 21 |
| HYPERLINK \l "_Toc322610706" I-4 | FAR 52.228-13 Alternative Payment Protections (JUL 2000) | 23 |
| HYPERLINK \l "_Toc322610707" I-5 | AGAR 452.228-70 Alternative Forms of Security (NOV 1996) | 23 |
| HYPERLINK \l "_Toc322610708" I-6 | Bonding Requirements Based on Offer Amount | 23 |
| HYPERLINK \l "_Toc322610709" Section J—List of Documents, Exhibits and Other Attachments | 24 | |
| HYPERLINK \l "_Toc322610710" Section K—Representations, Certifications, and Other Statements of Bidders | 25 | |
| HYPERLINK \l "_Toc322610711" K-1 | FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) | 25 |
| HYPERLINK \l "_Toc322610712" K-2 | Government Employees, Former USDA Employees, and USDA Retirees | 25 |
| HYPERLINK \l "_Toc322610713" K-3 | FAR 52.204-8 Annual Representations and Certifications (MAR 2012) | 25 |
| HYPERLINK \l "_Toc322610714" K-4 | FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) | 27 |
| HYPERLINK \l "_Toc322610715" K-5 | AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) | 28 |
| HYPERLINK \l "_Toc322610716" Section L--Instructions, Conditions, and Notices to Bidders | 29 | |
| HYPERLINK \l "_Toc322610717" L-1 | FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988) | 29 |
| HYPERLINK \l "_Toc322610718" L-2 | FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (JAN 2004) | 29 |
| HYPERLINK \l "_Toc322610719" L-3 | TECHNICAL PROPOSAL INSTRUCTIONS | 32 |
| HYPERLINK \l "_Toc322610720" L-4 | FAR 52.216-1 Type of Contract (APR 1984) | 32 |
| HYPERLINK \l "_Toc322610721" L-5 | FAR 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005) | 33 |
| HYPERLINK \l "_Toc322610722" L-6 | FAR 52.225-10 Notice of Buy American Act Requirement - Construction Materials (FEB 2009) | 33 |
| HYPERLINK \l "_Toc322610723" L-7 | FAR 52.228-1 Bid Guarantee (SEP 1996) | 33 |
| HYPERLINK \l "_Toc322610724" L-8 | FAR 52.233-2 Service of Protest (SEP 2006) | 34 |
| HYPERLINK \l "_Toc322610725" Section M—Evaluation Factors for Award | 35 |
Section B—Supplies or Services/Prices
CONTINUATION SHEET
Solicitation No.
AG-04KK-S-12-0005
Page Name of Offeror or Contractor
ITEM NO.
DESCRIPTION
QUANTITY
PAY UNIT
UNIT PRICE
TOTAL
SCHEDULE OF ITEMS
Ten Cent Creek AOP’s
151.01
MOBILIZATION & BONDING
ALL
LS
152.01
CONSTRUCTION STAKING
ALL
LS
157.01
SOIL EROSION & POLLUTION CONTROL
ALL
LS
201.01
CLEARING & GRUBBING
1.5
ACRE
203.01
REMOVAL OF EXISTING CULVERT
EA
208.01
EXCAVATION
CY
251.01
PLACED RIP RAP, CLASS 3
CY
322.01
MINOR AGGREGATE COURSE, COMPACTION METHOD B (GFP)
CY
603.01-A INSTALL 19’ CLEAR SPAN X 3’ CLEAR HEIGHT X 34’ LENGTH 3-SIDED PRE-CAST OPEN BOTTOM BOX CULVERT INCLUDING FOOTERS (GFP)
ALL
LS
603.01-B INSTALL 12’ SPAN X 4’-1” RISE X 72’ LENGTH STRUCTURAL PLATE ARCH, INCLUDING FOOTERS (GFP)
ALL
LS
603.01-C INSTALL 12’ SPAN X 4’-1” RISE X 65’ LENGTH STRUCTURAL PLATE ARCH, INCLUDING FOOTERS (GFP)
ALL
LS
648.01-A
STREAMBED SIMULATION (CLASS 2, METHOD A)
CY
648.01-B
STREAMBED SIMULATION (CLASS 4, METHOD A)
CY
648.02
CHANNEL ROCK (KEY PIECES)
CY
TOTAL ALL ITEMS
B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.
B-3 – NOTE: Only one award will be made as a result of this solicitation.
TIN: ________________________
DUNS: ______________________
| ________________________________ | ________________________________________ | |
| Offeror’s Signature | Offeror’s Name and Phone Number |
Section C—Description/Specifications
C-1 Description of Work Work at this site includes the removal of three corrugated metal pipes, one on Ten Cent Creek and two on West Ten Cent Creek. The Ten Cent Creek culvert is approximately 48’ long and has a 42” diameter. The Lower West Ten Cent Creek culvert has an approximate length of 70’ and a diameter of 36”. The Upper West Ten Cent Creek culvert has a length of approximately 63’ and a diameter of 42”. Work also includes the installation of a pre-cast open bottom box culvert on pre-cast footers at the Ten Cent Creek crossing and structural plate arches on pre-cast footers at the two West Ten Cent Creek crossings. The structures and footers will be provided by the Forest Service. Also included is stream simulation work in the channels. This work includes placing rock for simulating pools and riffles in the channels. De-watering is required for these projects. This includes re-directing the creeks for the duration of the project and installing erosion and pollution control devices during installation of the new structures and stream simulation work. The Contractor shall ensure that ALL in-stream work will be completed within the in-stream work window of July 15th and August 15th, as determined by the Oregon Department of Fish and Wildlife.
C-2 Project Location Project is located approximately 92 miles southeast of Pendleton, OR and 60 miles southwest of La Grande, OR. From Pendleton, take I-84 East to exit 252 approximately 40 miles. From La Grande, take I-84 West 9 miles to exit 252. From I-84, go south on OR-244 for approximately 12 miles. Turn left onto Forest Road 51 and travel approximately 27 miles south to the intersection of Forest Road 52. Turn left on Forest Road 52 and travel south approximately 1.7 miles. Road will change from Forest Road 52 to Forest Road 73. Continue on Forest Road 73 for 8.6 miles to Forest Road 10. Turn right on Forest Road 10 and travel 1.5 miles to Forest Road 1035 intersection. Turn right and travel 1.3 miles to Ten Cent Crossing. From Ten Cent Crossing, travel northeast on Forest Road 7350 half a mile to the Lower West Ten Cent Crossing. Starting from the Lower West Ten Cent Crossing, travel north on Forest Road 1038 approximately one half mile to the Upper West Ten Cent Crossing.
C-3 NOXIOUS WEED CONTROL
In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.
All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.
Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.
Equipment, materials, and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.
Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.
C-4 Applicable Specifications (Road Projects) Standard and Supplemental Specifications for FP-03 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 Supplemental Specifications shown on the specification list are physically attached.
C-5 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
C-6 AGAR 452.211-73 Attachments to Statements 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.
C-7 Estimated Contract Value The Government’s estimate for this project is between $100,000 and $250,000 for all items.
Section D—Packaging and Marking
For this Solicitation and resultant contract, there are NO clauses in this Section.
Section E—Inspection and Acceptance
E-1 FAR 52.246-12 Inspection of Construction (AUG 1996)
(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) of this section.
(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, at no increase in contract price, 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 re-inspection 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.
E-2 Final Cleanup Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.
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 __10__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _50_ calendar days. The time stated for completion shall include final cleanup of the premises.
NOTE: Work is estimated to begin on July 2, 2012.
F-2 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within five calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.
The maximum workweek that will be approved is N/A.
The in-stream work window is July 15th-August 15th 2012.
F-3 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.
Section G—Contract Administration Data
G-1 AGAR 452.215-73 Post-award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 7 days after the date of contract award. The conference will be held at a mutually agreed upon location within the Blue Mountain Acquisition Management Area.
G-2 Contract Release 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:______________"
G-3 Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.
Item No.
Property Description Property Value Qty Location Date Available 603.01-A Pre-Cast Open Bottom Box Culvert w/Footers & Wing Walls $57,000
TBD
July 15, 2012 603.01-B1 Structural Plate Arch $12,200
TBD
July 15, 2012 603.01-B2 Pre-Cast Footer $27,000
TBD
July 15, 2012 603.01-C1 Structural Plate arch $11,100
TBD
July 15, 2012 603.01-C2 Pre-Cast Footer $25,300
TBD
July 15, 2012 322.01 Minor Aggregate $268 300 yds
TBD
July 15, 2012
G-4 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-5 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-6 INVOICE PROCESSING
All invoices shall be sent to the following address:
| Malheur National Forest |
| P.O. Box 909 |
| John Day, OR 97845 |
| ATTN: Sarah Ackerman |
Invoices shall comply with the invoice requirements of the Prompt Payment Act and FAR 52.232-27.
Section H—Special Contract Requirements
H-1 Product Substitution Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.
| H-2 | Product Substitution Requirements |
| A. | When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below. |
| B. | Submit separate request for each substitution. Support each request with: |
| 1. | Complete data substantiating compliance of proposed substitution with requirements stated in contract documents: |
| a. | Product identification, including manufacturer's name and address. |
| b. | Manufacturer's literature; identify: |
| 1) | Product description |
| 2) | Reference standards |
| 3) | Performance and test data |
| c. | Samples, as applicable |
| d. | Name and address of similar projects on which product has been used, and date of each installation. |
| e. | Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated. |
| f. | Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics. |
| g. | Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc. |
| h. | Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer. |
| 1. | Itemized comparison of the proposed substitution with product specified; list significant variations. |
| 2. | Data relating to changes in construction schedule. |
| 3. | Any effect of substitution on separate contracts. |
| 4. | List of changes required in other work or products. |
| 5. | Accurate cost data comparing proposed substitution with product specified. |
| 6. | Proposed amount of change to the contract. |
| 7. | Designation of required license fees or royalties. |
| 8. | Designation of availability of maintenance services, sources of replacement materials. |
| C. | Substitutions will NOT be considered for acceptance when: |
| 1. | They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor. |
| 2. | They are requested directly by a subcontractor or supplier. |
| 3. | Acceptance will require substantial revision of contract documents. |
| 4. | Substitution has not been requested in accordance with this and related clauses. |
| D. | Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer. |
| E. | Contracting Officer will determine acceptability of proposed substitutions. |
| F. | Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected. |
| H-3 | Contractor’s Representation & Responsibility |
| A. | In making formal request for substitution the Contractor represents he/she: |
| 1. | Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified. |
| 2. | Will provide same warranties and bond for substitute as for originally specified product. |
| 3. | Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects. |
| 4. | Will waive claims for additional costs caused by substitution, which may subsequently become apparent. |
| 5. | Cost data is complete and includes related costs under the contract, but not: |
| a. | Costs under separate contracts. |
| b. | Contracting Officer costs for redesign or revision of contract documents. |
| B. | The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements. |
| C. | The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished. |
H-4 Submittals, Shop Drawings, Material Certifications and Testing Reports The following shall be submitted on this project:
Title Referenced by Specification No.
Time of Government Approval After Submittal Traffic Control Plan
FSSS 156
7 Days Erosion Control Plan
FSSS 157
7 Days De-Watering Plan General Notes (Sheet #3) 7 Days Hazardous Spill Plan
FSSS 107
7 Days Safety Plan
FAR 52.236-13
7 Days
H-5 Moisture Sensitive Soils Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.
H-6 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-7 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 re-inspection 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. |
| H-8 | Construction Stakes, Lines, and Grades |
| (a) | Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades. |
(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.
(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.
(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.
H-9 Traffic Control The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.
The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings
Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.
H-10 Control of Material Rights In and Use of Materials
| (a) | The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material. |
| (b) | Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production. |
Material Sources
(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.
The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.
When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.
Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.
(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.
Storage Stockpiling of Materials Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.
Earthwork Tolerance Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.
H-11 Safety The work identified as inherently hazardous in this construction project is the presence of contractor personnel working in areas where construction machinery, including but not limited to trenching machines, backhoes, excavators, crane operations, tractors, or dump trucks, are operating. In addition, deep excavations for installation of structures are inherently hazardous.
Other hazardous conditions may exist due to public use of adjacent public lands during the construction period. Equipment operation may pose a hazardous condition for public if traveling adjacent to the construction area. In accordance with FAR Clause 52.236-13 “Accident Prevention”, the contractor shall submit a written, job-specific safety plan for information and discussion at the pre-work meeting.
The Contractor Safety Plan shall identify inherently hazardous conditions that could lead to serious injury or loss of life. It shall also identify and describe inherently hazardous conditions including the use of a cell phone while driving (talking or texting while operating a vehicle).
H-12 Suspensions for Other Than Government’s Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.
H-13 Additional Requirements or Restrictions The Ten Cent Creek Project (located on Forest Road 1035) shall be completed prior to commencement of work on Lower West Fork Ten Cent Creek Crossing or Upper West Fork Ten Cent Creek Crossing. Forest Road 1035 shall be closed on both sides of the crossing from commencement of work on the Ten Cent Creek Project until this crossing is completed. After completion of the Ten Cent Creek Crossing and Forest Road 1035 is reopened, Forest Road 7350 shall be closed from Forest Road 1035 to the intersection of Forest Road 7350070 and Forest Road 1038 shall be closed from Forest Road 7350 to Forest Road 1038030.
All in-stream work shall be done within the appointed in-stream work window of July 15th to August 15th 2012.
Section I—Contract Clauses
I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/" https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html" http://www.dm.usda.gov/procurement/policy/agar.html
SAT=Simplified Acquisition Threshold ($150,000)
FAR 52.203-3 Gratuities (APR 1984) applicable if award exceeds SAT FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) applicable if award exceeds SAT FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) applicable if award exceeds SAT FAR 52.203-7 Anti-Kickback Procedure (OCT 2010) applicable if award exceeds SAT FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) applicable if award exceeds SAT FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) applicable if award exceeds SAT FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) applicable if award exceeds $150K FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) applicable if award exceeds SAT FAR 52.204-7 Central Contractor Registration (FEB 2012) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) not applicable if awarded to an individual FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.215-2 Audit and Records - Negotiation (OCT 2010) applicable if award exceeds SAT FAR 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) FAR 52.219-8 Utilization of Small Business Concerns (JAN 2011) applicable if award exceeds SAT FAR 52.219-14 Limitations on Subcontracting (NOV 2011) applicable if award exceeds $150K FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005) applicable if award exceeds $150K 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 (JUN 2010) 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 52.222-26 Equal Opportunity (MAR 2007) FAR 52.222-35 Equal Opportunity for Veterans (SEP 2010) FAR 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) FAR 52.222-37 Employment Reports on Veterans (SEP 2010) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) applicable if award exceeds SAT FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.223-6 Drug-Free Workplace (MAY 2001) applicable if award exceeds SAT or if awarded to an individual FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-11 Pledges of Assets (JAN 2012) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) FAR 52.228-14 Irrevocable Letter of Credit (DEC 1999) FAR 52.228-15 Performance and Payment Bonds - Construction (OCT 2010) applicable if award exceeds $150K FAR 52.229-3 Federal, State, and Local Taxes (APR 2003) applicable if award exceeds SAT FAR 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) FAR 52.232-17 Interest (OCT 2010) applicable if award exceeds SAT FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.232-27 Prompt Payment For Construction Contracts (OCT 2008) FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) FAR 52.233-1 Disputes (JUL 2002) - Alternate I (DEC 1991) 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 52.236-11 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 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) FAR 52.242-13 Bankruptcy (JUL 1995) applicable if award exceeds SAT FAR 52.243-4 Changes (JUN 2007) applicable if award exceeds SAT FAR 52.243-5 Changes and Changed Conditions (APR 1984) applicable if award does not exceed SAT FAR 52.244-6 Subcontracts for Commercial Items (DEC 2010) FAR 52.245-1 Government Property (APR 2012) -- Alternate I (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) applicable if award does not exceed SAT FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) - Alternate I (SEP 1996) applicable if award exceeds SAT
AGAR 452.236-77 Emergency Response (NOV 1996)
I-2 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)
(a) Definitions. As used in this clause - "Long-term contract" means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
This is the start of the file's text. The full file is on GovTribe.
Other files
| File | Type | Posted |
|---|---|---|
| j. SF-25A.pdf | ||
| k. SF-25B.pdf | ||
| e. OR1_dvb.mht | MHT file | |
| g. Experience.Questionnaire.doc | DOC document | |
| c. Ten Cent Supplemental Specifications.pdf | ||
| h. SF-24.pdf | ||
| d. Final Ten Cent Creek Drawings.pdf | ||
| b. AG-04KK-S-12-0005_bidders.rtf | RTF text file | |
| f. r6_fs_6300_52.doc | DOC document | |
| i. SF-25.pdf |
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