b.final_solicitation.doc

Solicitation No. Project:

Unit:

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04M3-16-0053

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

05/13/2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

785622

6. PROJECT NO.

7. ISSUED BY

CODE

Contracting East Acquisition Area Wallowa Whitman National Forest

1550 Dewey Ave, Suite A Baker City, OR 97814 Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

Annie Stanbro, Administrative Jeff Stein, Technical B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-969-3554 541-962-8544

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):

Sled Springs Power System Replacement (Design-Build), Wallowa Valley Ranger District, Wallowa Whitman NF The Government's estimate is: between $100,000 and $250,000 for all Base and Option Items.

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

FORMCHECKBOX

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

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

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 4:30 (hour) local time June 13, 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

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

D.

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

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE

DUNS No.

Email: __________________________________________________

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

CSC-FS, USDA, OCFO, COD, APB

PO Box 66527

St. Louis, MO 63166

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) Andrea Stanbro

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

UNIT

UNIT

PRICE

AMOUNT

SUBTOTAL

OPTION ITEM NO.

SUBTOTAL

TOTAL ALL ITEMS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1.

DESCRIPTION OF WORK

The Wallowa-Whitman N.F. desires to obtain quotes to design, provide, and install an off-grid hybrid generator and photovoltaic (PV) power system at the Sled Springs Work Center. The new system shall generate 48-Volt DC power and convert it to 120-Volt AC power for use in the existing buildings at the site.

The Work Center is operated on a seasonal basis from April 1 through October 1, and is comprised of three five-person bunkhouses, one mess hall, one warehouse, one storage building with power (two without power), one generator shed, an onsite water system, and onsite wastewater systems. All buildings, with the exception of two storage buildings are connected to the existing off-grid power system. This system is comprised of 16 60-watt photo-voltaic (PV) panels, a single-phase LPG-fired generator and 16 6-volt deep cell batteries. There are also two 5,500-Watt DC-AC power inverters that take 48-volt DC power from the battery bank and send it to the site 120-volt AC power system. See attached site plan and photos for further information and details. Also attached are electrical load lists and distribution panel directories for each building on the site.

The existing PV arrays shall be left in service (Base Items only). Include in the design phase alternatives for additional PV panel array(s) sized for the system demands and as shown below in the three design options (Option Items B1, B2, and B3). Contractor shall size the PV system to power the electrical loads as shown in the table below (excluding the well pump and associated control panel, as these are on a separate and independent power system).

The table below provides a summary of the Equipment Load Lists shown as attachments in Section J. All connected loads from the Load Lists have been transferred to the respective building distribution panel directories for each building. In most cases, it is not evident which circuit on a given distribution panel a connected load goes to. This is due to the lack of clarity in the distribution panel labeling. Therefore, for design purposes, the connected loads from the Load Lists have been divided evenly among the circuits with similar labeling for each respective building. The Maximum Design Load column represents the maximum load developed by a given building for a period of 15 minutes. The maximum allowable voltage drop between a power generation source (generator or PV panel array) shall not exceed 5%.

Building

Number Building

Name Total Connected Load Maximum Wattage

(from load lists)

Contractor shall provide three design options for evaluation and consideration by the Government. The design option chosen (or parts thereof) will then be implemented based on available funding.

· An off-grid power system comprised of PV panels, batteries, inverters, charge controller(s), and all appurtenances necessary for a complete and fully functional system.

· Option B1:

· PV Power Generation: 2,400 Watts (excluding existing 16 60-Watt PV panels)

· Minimum Single Battery Rated Capacity (20-hour rate): 1,300 Ah

· Maximum Battery Discharge Time to 50% Capacity: 2 hours

· Estimated cost to provide and install

· Option B2:

· PV Power Generation: 4,800 Watts (excluding existing 16 60-Watt PV panels)

· Minimum Single Battery Rated Capacity (20-hour rate): 1,300 Ah

· Maximum Battery Discharge Time to 50% Capacity: 2 hours

· Estimated cost to provide install

· Option B3:

· PV Power Generation: 7,200 Watts (excluding existing 16 60-Watt PV panels)

· Minimum Single Battery Rated Capacity (20-hour rate): 1,300 Ah

· Maximum Battery Discharge Time to 50% Capacity: 2 hours

· Estimated cost to provide and install

The design for the above option selected shall incorporate, at a minimum, the following items:

· Construction specifications in CSI format

· The following specifications are for Contractor performance and provide guidance for the terms of the contract.

· 00 30 10 – Definition of Bid Items

· 01 11 00 – Summary of Work

· 01 33 00 – Submittal Procedures

· 01 73 20 – Mobilization

· 26 00 02 – Basic Materials and Methods

· The following CSI specifications, attached in Section J, are for the Contractor to edit such that they become specific to this project. The Microsoft Word 2013® versions of these specifications will be made available to the awardee of this project.

· 05 50 00 – Metal Fabrications

· 26 28 16 – Enclosed Switches and Circuit Breakers

· 26 31 00 – Photovoltaic Collectors

· Construction drawings, in Autodesk AutoCAD 2013®, or other approved CAD format, to include the following:

· Site plan

· Equipment specifications

· Electrical block diagram

· Weather-proof, vented battery enclosure details

· Equipment mounting details

· PV array mounting post(s) and rack

· PV array mounting details

· Grounding details

· Signed stamp of currently registered Professional Engineer in the State of Oregon

Design review by the Government will be completed at three milestones:

· 30%

· 60%

· 100%

Upon receipt of each set of milestone documents, allow the Government a period of five (5) business days to conduct its review and provide written comments to the Contractor.

All design and construction work shall be in accordance with the latest National Electrical Code® requirements.

The contractor will be allowed to use water and toilet facilities located on site in the Mess Hall. Electrical facilities will also be available for contractor use when the system is on and running.

C-2.

PROJECT LOCATION

Sled Springs Work Center

Approximately 20 miles north of Enterprise, Oregon

The Sled Springs Work Center is on the Wallowa Valley Ranger District of the Wallowa-Whitman National Forest. The site has no physical address. From Enterprise, OR travel approximately 20 miles north of Enterprise, OR on Highway 82. Turn west on Forest Service Road 3035 and travel for approximately one mile. Turn south on Forest Service Road 3035020, and enter the Sled Springs Work Center site. Latitude: N45.706922°, Longitude: W117.282543°. Elevation: 4,715 feet.

C-3. PROJECT ESTIMATE

Project is estimated to be between $100,000 and $250,000.

C-4. BIO-PREFERRED

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer (CO).

The following are examples of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids

Penetrating lubricants

Concrete and asphalt release fluids

Absorbents

Diesel fuel additives

Greases

Dust suppressants

2-cycle engine oil

Wood and concrete sealers

Roof coatings

Adhesive and mastic removers

Cleaners

Wood & Concrete sealers

Multipurpose Lubricants

Composite panels

Insulating foam

Sealers

Degreasers

Grease removers

Stain removers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

C-5. Applicable Specifications (CSI Projects)

The 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 specifications shown on the specification list are physically attached.

C-6. 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-7. 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. INSPECTION

The Government will make routine inspections of the materials and workmanship provided in this contract. The presence of an inspector does not relieve the Contractor of the responsibility for self-inspection and quality control measures.

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.

52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

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.govhttp://www.arnet.gov/far and http://www.usda.gov/procurement/policy/agar.html.

(End of clause)

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 five (5) 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 one hundred twenty (120) calendar days. The time stated for completion shall include final cleanup of the premises.

Work is estimated to begin July 15, 2016.

F-2. AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is Monday – Friday except Federal Holidays or as agreed to by CO.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

52.242-14 SUSPENSION OF WORK. (APR 1984)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

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.govhttp://www.arnet.gov/far and http://www.usda.gov/procurement/policy/agar.html.

(End of clause)

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 14 days after the date of contract award. The conference will be held at a mutually agreed upon location.

G-2. 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.

G-3 MEASUREMENT AND PAYMENT

Measurement and payment for all work done on this project shall be in accordance with the attached Project Specifications.

G-4 INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

G-5 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-6. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995).

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— June 6, 2016 at 10:00 AM.

(c) Participants will meet at— Sled Springs Work Center. Location as described above in Section C.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Wallowa-Whitman National Forest. These include inspections of existing electrical components, distribution panels, conductors, etc.

H-2. 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-3. PRODUCT SUBSTITUTION

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-4. 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. Shall provide same warranties and bond for substitute as for originally specified product.

3. Shall 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. Shall 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-5. SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING REPORTS

SUBMITTALS

The following shall be submitted on this project:

PV Panels (as needed per design alternatives)

5 days

PV Panel rack (as needed per design alternatives)

5 days

Batteries

5 days

Combiner box

5 days

Charge controller

5 days

Inverter(s)

5 days

Distribution panel(s)

5 days

Bypass panel(s)

5 days

Conductors

5 days

Grounding system

5 days

Solar and Electrical Calculations

5 days

NEC Article 690 checklist

5 days

SHOP DRAWINGS

The following shop drawings shall be submitted on this project and shall be reproducible:

Electrical system block diagram

5 days

Revised distribution panel diagrams

5 days

PE-stamped drawings and calculations

5 days

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 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.

H-8. SAFETY

Contractors shall submit a project specific safety plan, addressing at a minimum the information below; including an accident prevention plan; and mitigation procedures, to the Contracting Officer for review and approval at the post award (pre-construction) meeting.

Hazardous work environments on National Forests include but is not limited to working around machinery, climbing on roofs or scaffolding, dismantling building components, exposure to flying/moving debris, stepping/tripping hazards among demolished/removed materials are part of the inherent hazards of facility site maintenance and construction work. The risk of injury by contractors and employees repairing, re-roofing, painting or performing other construction and repairs on facilities includes falling hazards when working above ground level on roofs or scaffolding, fumes from materials such as paint, and impact injuries from hammers or other equipment.

Long drives to project sites via Federal, State and local jurisdiction road systems with varying degrees of maintenance potentially increases Contractor and employee risk of motor vehicle accidents. Public and commercial use of these same road systems adds an additional hazard to Contractor and employee safety. Equipment operation on project sites and contractor traffic is a potentially hazardous condition for public traveling through or adjacent to the construction sites.

Safety signing, barricades, and fencing shall be required.

Inherent hazards of working in remote locations of National Forests include, but are not limited to:

· Narrow Gravel or native surface forest roads

· Long, steep grades (generally less than 20%)

· Logging & other commercial traffic

· Visitors not used to forest road driving

· Dusty conditions hindering visibility behind vehicles

· Mixed motorized traffic (ATVs) on some roads

· Backing into objects

· High db noise

· Steep side slopes or soft ground for rollovers

· Refueling hazards

· Exceeding equipment limitations

· Unsafe equipment / lack of safety equipment

· Operator fatigue

· Slope or trench wall instability

· Inclement weather for potential hypo/hyperthermia

· High winds that can bring down trees

· Wet, snowy or ice conditions making ground unstable

· Insects, plants, animals

· Working in remote locations

· Working on electrical systems

· Increased stopping distance

· Load lashing/tie downs coming loose due to rough road

· Low clearances (power lines and tree branches, for example)

· Narrow turnouts & roadways

H-9. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984).

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

H-10. 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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 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) Forest Service Supplemental Specifications

(6) Standard Specifications; i.e. Section C (including FAR clauses)

(7) Shop Drawings

(8) (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.

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER. (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015)

52.211-18 VARIATION IN ESTIMATED QUANTITY. (APR 1984)

52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2014)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION. (MAY 2014)

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK. (MAY 2014)

52.222-6 DAVIS-BACON ACT. (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS. (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS. (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

52.222-26 EQUAL OPPORTUNITY. (APR 2015)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION. (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS. (SEP 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS. (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY. (OCT 1997)

52.228-11 PLEDGES OF ASSETS. (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT. (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (JUL 2014)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (MAY 2014)

52.232-16 PROGRESS PAYMENTS (APR 2012)

52.232-17 INTEREST. (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR. (SEP 2006)

52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

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

52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

52.236-12 CLEANING UP. (APR 1984)

52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

52.236-16 QUANTITY SURVEYS. (APR 1984)

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-4 CHANGES. (JUN 2007)

52.245-1 GOVERNMENT PROPERTY. (APR 2012)

52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

52.248-3 VALUE ENGINEERING - CONSTRUCTION. (OCT 2010)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

452.232-70 REIMBURSEMENT FOR BOND PREMIUMS - FIXED-PRICE CONSTRUCTION CONTRACTS. (NOV 1996)

452.236-71 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT. (NOV 1996)

452.236-72 USE OF PREMISES. (NOV 1996)

452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES. (FEB 1988)

452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION. (NOV 1996)

452.236-76 SAMPLES AND CERTIFICATES. (FEB 1988)

452.236-77 EMERGENCY RESPONSE. (NOV 1996)

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time during the contract period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS. (MAY 2014)

(a) Definitions. As used in this clause—

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

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

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

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

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

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

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

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

____none____________________________________________

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

52.228-1 BID…