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- AG-04N7-S-14-0011
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REQUEST FOR QUOTATION
PAGE OF PAGES
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| X |
| IS |
| |_| |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| AG-04N7-S-14-0011 |
| 01/31/2014 |
| Req # 675205 |
AAP # 06SO101457645
UNDER BDSA REG. 2
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
USDA Forest Service Rogue River-Siskiyou National Forest 3040 Biddle Road Medford, OR 97504-4119 See Schedule
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
| |_| |
| FOB DESTINATION |
| NAME |
| TELEPHONE NUMBER |
| X |
| OTHER (See Schedule) |
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
Eileen Northrop – Contracting Eric Grim - Engineering 618-2017 618-2065
a. NAME OF CONSIGNEE
| 8. TO: |
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
| c. STREET ADDRESS |
| c. CITY |
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS @ 4:30 p.m. |
| IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the |
This is not a public opening.
February 18, 2014 submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
| ITEM NO. |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| (a) |
| (b) |
| (c) |
| (d) |
| (e) |
| (f) |
ILLINOIS VALLEY RANGER STATION SECURITY UPGRADES
Wild Rivers Ranger District
ROGUE RIVER-SISKIYOU NATIONAL FOREST
JOSEPHINE COUNTY, OREGON
| SEE SECTION B – SCHEDULE OF ITEMS |
| Price Range: Between $25,000 and $100,000 |
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS (%) |
| c. 30 CALENDAR DAYS (%) |
| d. CALENDAR DAYS |
12. DISCOUNT FOR PROMPT PAYMENT
| NUMBER |
| PERCENTAGE |
| NOTE: Additional provisions and representations |
| x |
| are |
| |_| |
| are not attached. |
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF |
| a. NAME OF QUOTER |
| SIGN QUOTATION |
| QUOTATION |
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or print) |
| b. TELEPHONE |
c. COUNTY
AREA CODE
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| c. TITLE (Type or Print) |
| NUMBER |
NSN 7540-01-152-8084
Previous edition not usable
| 18-121 |
| STANDARD FORM 18 (Rev. 6-95) |
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AG-04N7-S-14-0011
Illinois Valley Ranger Station Security Upgrades Rogue River-Siskiyou National Forest
TABLE OF CONTENTS
| Request for Quotation – Standard Form 18 | 1 | |||||
| Table of Contents | 2 | |||||
| Schedule of Items | 3 | |||||
| Notes to Contractor | 4 | |||||
| Section C – Description/Specification/Work Statement | 5-6 | |||||
| Section D – Packaging and Marking | 7 | |||||
| Section E – Inspection and Acceptance | 8-10 | |||||
| Section F – Deliveries and Performance | 11 | |||||
| Section G – Contract Administration Data | 12 | |||||
| Section H – Special Contract Requirements | 13-18 | |||||
| Section I – Contract Clauses | 19-29 | |||||
| Section J – List of Attachments | 30 | |||||
| Project Specifications | - Attached Separately |
Project Drawings – Attached Separately
| Department of Labor Wage Determination | 31-38 | ||
| Section K – Representations, Certifications and Other Statements of Offerors | 39-41 | ||
| Section L – Instructions, Conditions, and Notices to Offerors | 42-46 | ||
| Section M – Evaluation Factors for Award | 47-48 |
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
ILLINOIS VALLEY RANGER STATION SECURITY UPGRADES
Wild Rivers Ranger District Rogue River-Siskiyou National Forest Josephine County, Oregon
SCHEDULE OF ITEMS
| ITEM NO |
| DESCRIPTION |
| METHOD OF MEASUREMENT |
| PAY UNIT |
| EST. QUANT. |
| UNIT PRICE |
| AMOUNT |
| 01200-1 |
| Mobilization |
| LSQ |
| LS |
| 1 |
| $_________ |
| $_________ |
| 02830-1 |
| Fence Repairs |
| LSQ |
| LS |
| 1 |
| $_________ |
| $_________ |
| 02830-2 |
| Gate Keypad |
| AQ |
| EA |
| 3 |
| $_________ |
| $_________ |
| 06000-1 |
| Building Upgrades |
| LSQ |
| LS |
| 1 |
| $_________ |
| $_________ |
| 16500-1 |
| Building Light Removal |
| AQ |
| EA |
| 3 |
| $_________ |
| $_________ |
| 16500-2 |
| Building Light Installation |
| AQ |
| EA |
| 6 |
| $_________ |
| $_________ |
| 16500-3 |
| Building Light Replacement |
| AQ |
| EA |
| 32 |
| $_________ |
| $_________ |
| 16500-4 |
| Yard Light Replacement |
| AQ |
| EA |
| 8 |
| $_________ |
| $_________ |
| 16500-5 |
| Yard Light |
| AQ |
| EA |
| 3 |
| $_________ |
| $_________ |
TOTAL AMOUNT: $_______________
Please read NOTES on the following page to receive further instruction to complete your bid properly. Refer also to Section L for INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS and Section M for Evaluation Factors for Award.
See Note Number 8 on the following page for Return Package Instructions.
All Quotations submitted are considered to be confidential. The name of the awarded Contractor only as well as the contract amount will be disclosed and only after an order has been issued.
DUNS NUMBER: ______________________________________________________________
TAX IDENTIFICATION NUMBER (TIN): ________________________________________
EMAIL ADDRESS: ____________________________________________________________
NOTES:
1) Quoters are urged to inspect work site before submitting quote.
2) A bid bond is not required for this solicitation. A payment bond (100%) is required within 10 days after contract award. Contractor shall submit either a payment bond or Irrevocable Letter of Credit (ILC) as acceptable payment protections.
3) Offerors MUST register in the SYSTEM FOR AWARD MANAGEMENT (SAM) data base – See FAR 52.204-7 and Annual Representations and Certifications Applications – See FAR clause 52.204-8. These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/
4) Veteran Information: Contractors must register with VETS-100 for contracts awarded in excess of $100,000. Contractors and subcontractors who have received an award of $100,000 or more must use form VETS-100A, Federal Contractor Veterans’ Employment Report, to submit the required reports (see https://webapps.dol.gov/vets100). See also FAR 52.222-37 Employment Reports on Veterans (Incorporated by reference in Section I).
5) ELECTRONIC OFFERS WILL NOT BE ACCEPTED. An offer that is emailed to government account will be rejected.
6) Facsimile quotes will be accepted. See Section L for Fax Number.
7) This is not a public bid opening. All offers submitted are considered confidential. The name of the contractor and the amount of the contract will be disclosed only after an award has been made.
8) RETURN PACKAGE: Complete and return the following pages to be considered for award. Pages 1, 3, and 4; All of Section K and Page 48.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Scope of Contract
The project includes all labor, materials, equipment, supplies, supervision, and incidentals necessary for upgrades to various buildings and site features. Work includes but is not limited to the following:
· Replacement of exterior building and pole mounted light fixtures throughout the compound.
· Intallation of new pole mounted lights.
· Repairs and modifications to the existing perimeter fence and electric powered gates.
· Construction of exterior walls and siding for an existing 1,900 square foot open pole building.
C-2 Project Location
Illinois Valley Ranger Station is located in Josephine County, Oregon, in the community of Cave Junction. It can be reached by traveling west from Grants Pass on US Highway 199 for approximately 31.5 miles. The address is 26568 Redwood highway, Cave Junction, OR 97523 C-3 Price Range
The Government’s estimate is: between $25,000 and $100,000
C-4 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-5 Applicable Specifications
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 452.211-73 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.
C-7 Reference Standards
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ANSI American National Standard Institute
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWS American Welding Society
BAA Buy American Act
FAR Federal Acquisition Regulations
NEMA National Electrical Manufacturers Association
OR-OSHA Oregon Occupational Safety and Health Administration
OSHA Occupational Safety and Health Administration
OSHD Oregon Department of Transportation, Oregon State Highway Division
USDA United States Department of Agriculture
USFS United States Forest Service
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
E-2 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 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.
| E-3 |
| CONFORMITY WITH PLANS 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 Plans, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is in compliance with reasonable and customary manufacturing and construction tolerances.
SECTION F--DELIVERIES OR PERFORMANCE
F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
F-2 52.242-14 Suspension of Work (APR 1984)
F-3 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 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
F-4 AGAR 452.236-75 Maximum Work Week – Construction Schedule (NOV 1996)
Work Hours: Work activity under this contract shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday (no work on weekends between 5pm on Fridays and 7am on Mondays), excluding Federal Holidays, unless other hours are approved in writing by the CO.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 Designation of Contracting Officers Representative
The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.
The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
G-2 AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held at an agreed upon time and location after the date of contract award.
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.
‘NONE’
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 USFS.
(b) Weather conditions suitable for performance of work are normally expected year around except weather sensitive work during the rainy season.
(c) Wildlife restrictions – No special restrictions are applicable.
H-2 Use of Premises
(a) The project site is accessed by Forest Roads that are to remain open for public use during performance of work under this contract except in the immediate project area which may be closed by contractor during construction activity. Contractor shall conduct work in such a manner as to protect the public.
(b) Contractor shall coordinate with District staff as entrance gate may be locked during evenings and weekends as well as potential periodic shut downs of the site. Contractor shall conduct work in a manner as to provide safe public access to visitor center throughout project.
(c) Unless provided otherwise, the Contractor shall dispose of solid waste in accordance with applicable Federal, State, and local regulations. Use of Forest Service waste disposal facilities is not allowed.
(d) Contractor is allowed to use existing Ranger Station restroom facilities near the project site. The Government reserves the right to discontinue use of this privilege at its discretion if the Contractor leaves the toilets in an untidy condition. The Contractor shall install a portable toilet if the right to use the facilities is denied by the Government.
(e) Camping: Camping will not be permitted at the site.
(f) Fuel storage is not allowed within the project site unless noted elsewhere.
H-3 Utilities
(a) Sewer: Not available
(b) Water: Available in reasonable quantities
(c) Electrical: Available in reasonable quantities
H-4 Hazardous Conditions Safety Plan Certification
The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazard.
Confined space entry
Temporary excavation/deep trenching/slope stability
| x |
| Tree felling |
| x |
| Fall hazard from work heights exceeding six feet |
Blasting
Traffic control on limited visibility roads
| x |
| Heavy equipment operation |
| x |
| Suspended loads |
Tree climbing and/or tower climbing
| x |
| Fire hazards |
Hazardous materials handling
| x |
| Electrical hazard |
| x |
| Hydraulic and/or pneumatic and/or high pressure hazards |
| x |
| Steep slopes and/or downed logs |
| x |
| Insects |
H-5 Product Substitution, Shop Drawings and Material Certification
(a) Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall 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.
(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere:
| Basic | Detailed | Number Government | |||||
| Reference | Requirements | of Copies Approvalfor | |||||
| Brief Title | Section | Section | To Submit Submittal | ||||
| Gate Keypad | 02830 | 2.02A | 2 | 7 days |
Gutters and Downspouts 07620 1.02A 1 7 days
Vinyl Windows 08513 1.02A 1 7 days
Paint 09901 1.3A 1 7 days
Light Fixtures 16500 1.02A 1 7 days
Certified Payroll Record I FAR 52.222-8 1 N/A WH-347 (submit weekly)
Schedule I FAR 52.236-15 1 N/A
Safety Plan H-4 Hazardous Conditions 1 N/A Certification
SPCC Plan (> 1320 Gal.) H-7 Landscape Preservation 1 N/A
| Fire Plan | Section J Fire Protection and | 1 | N/A |
| Suppression |
Government has 7 calendar days to review packet of submittals unless noted elsewhere such as in the specifications.
H-6 Permits and Responsibilities
Contractor is responsible for obtaining a State Electrical Inspection Permit and for having the inspections performed (where applicable). All other permits (unless noted elsewhere) are not required to be obtained by the Contractor due to project’s Federal status. The lack of permits will not have negative impacts to the Contractor’s license and ability to work within the city in the future. Contractor is responsible, as noted above, to comply with all codes, laws and regulations applicable to this work.
H-7 Landscape Preservation
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. Servicing of all equipment shall be done only in the area approved by the Contracting Officer. If the total oil or oil products storage exceeds 5000 liters (1,320 gallons) or if any single container exceeds a capacity of 2500 liters (660 gallons), the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.
(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.
(d) Erosion Prevention and Control - Contractors operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by the Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately proceeding expected seasonal periods of precipitation or runoff.
If the Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, the Government may (1) by contract or otherwise, perform erosion control work and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such erosion control work or (2) terminate the contract for default.
| H-8 |
| Payments for Incidental Items |
The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with plans, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered indirect to and included in the payment for items shown.
H-9 Local Disposal Sites
Debris encountered in the contract and other waste materials generated in the work (cartons, scrap, etc.) shall be removed and disposed of off of National Forest Service Land, and as required in the specifications.
H-10 AGAR 452.228-71 Insurance Coverage (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance – Work on a government Installation, Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer’s Liability. Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.
(b) General Liability. Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
| (c) | Automobile Liability. Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss. |
| (d) | Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. |
H-11 Project Site Maintenance and Cleanup
Throughout the construction period, Contractor shall maintain the construction site in a neat, clean and orderly manner. Retain all stored items in an orderly arrangement allowing maximum access, not impeding drainage or traffic, and providing the required protection of materials. Do not allow the accumulation of scrap, debris, waste material, and other items not required for construction of this work. Provide adequate storage for all items, awaiting removal from the job site, observing all requirements for fire prevention and protection of the environment.
H-12 Traffic Control, Barricades, Warning Signs and Other Devices
Contractor shall provide, erect and maintain all necessary barricades, construction area fencing, suitable and sufficient lights, danger signals, signs, flaggers, and other traffic devices, and shall take all necessary precautions for the protection of the work and safety of the public, and government employees working or residing in the project area. Barricades and other obstructions shall be illuminated during the hours of darkness, unless otherwise approved by the COR. Suitable warning signs shall be provided to properly control and direct foot and vehicular traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).
Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of walkways, roads, parking areas or trails by foot or vehicular traffic, and at all intermediate points, where the new work crosses or coincides with an existing transportation and parking areas.
PART II--CONTRACT CLAUSES
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):
www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Applicable if over $25,000 unless award is to an individual) 52.209-6 Protecting the Government's Interest when Subcontracting
| with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (Applicable if contract exceeds $30,000) | ||
| 52.211-18 | Variation in Estimated Quantity (APR 1984) | |
| 52.217-7 | Option for Increased Quantity – Separately Priced Line Item (MAR 1989) | |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) | |
| 52.219-28 | Post-Award Small Business Program Representation (JUL 2013) | |
| 52.222-3 | Convict Labor (JUN 2003) | |
| 52.222-6 | Davis-Bacon Act (JUL 2005) | |
| 52.222-7 | Withholding of Funds (FEB 1988) | |
| 52.222-8 | Payrolls and Basic Records (JUN 2010) | |
| 52.222-9 | Apprentices and Trainees (JUL 2005) | |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) | |
| 52.222-11 | Subcontracts (Labor Standards) (JUL 2005) | |
| 52.222-12 | Contract Termination - Debarment (FEB 1988) | |
| 52.222-13 | Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) | |
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) | |
| 52.222-15 | Certification of Eligibility (FEB 1988) | |
| 52.222-21 | Prohibition of Segregated Facilities (Applicable if contract exceeds $10,000) | |
| 52.222-26 | Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) | |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if FAR52.222-26 is included) | |
| 52.222-36 | Affirmative Action for Workers with Disabilities (OCT 2010) (Applicable if contract exceeds $15,000) | |
| 52.222-50 | Combating Trafficking in Persons (FEB 2009) | |
| 52.223-5 | Pollution Prevention and Right-to-Know Information (MAY 2011) | |
| 52.223-6 | Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an | |
| individual) | ||
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving |
(AUG 2011)
| 52.224-1 | Privacy Act Notification (APR 1984) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUN 2008) |
| 52.227-4 | Patent Indemnity -- Construction Contracts (DEC 2007) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (SEP 2002) |
| 52.232-23 | Assignment of Claims (JAN 1986) |
52.232-27 Prompt Payment for Construction Contracts (JUL 2013)
| 52.232-33 | Payment by Electronic Funds Transfer – Central Contractor Registration (JUL 2013) |
| 52.233-1 | Disputes (JUL 2002) |
| 52.233-3 | Protest After Award (AUG 1996) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (OCT 2004) |
| 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) |
| 52.236-14 | Availability and Use of Utility Services (APR 1984) |
| 52.236-15 | Schedules for Construction Contracts (APR 1984) |
| 52.236-17 | Layout of Work (APR 1984) |
| 52.236-21 | Specifications and Drawings for Construction (FEB 1997) |
| 52.243-5 | Changes and Changed Conditions (APR 1984) |
| 52.244-6 | Subcontracts for Commercial Items (DEC 2013) |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) |
| 52.249-10 | Default (Fixed-Price Construction) (APR 1984) |
| 52.253-1 | Computer Generated Forms (JAN 1991) |
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
| 452.236-71 | Prohibition Against the Use of Lead-Paint (NOV 1996) |
| 452.236-72 | Use of Premises (NOV 1996) |
| 452.236-73 | Archeological or Historic Sites (FEB 1988) |
| 452.236-74 | Control of Erosion, Sedimentation and Pollution (NOV 1996) |
| 452.236-76 | Samples and Certificates (FEB 1988 |
I-2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov .
(End of clause)
I-3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
(a) Definitions. As used in this clause— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) (1)
(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.
(End of clause)
I-4 FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)
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)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
I-5 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS
(SEP 2010)
(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 section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), 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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting…
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