Construction_RFP.docx

AG-04N7-S-14-0037

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04N7-S-14-0037

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

07/03/2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO. 692339

6. PROJECT NO.

06SO101457999

USDA, Forest Service Rogue River-Siskiyou National Forest 3040 Biddle Road Medford, Oregon 97504

USDA, Forest Service Rogue River-Siskiyou National Forest Attn: Contracting 3040 Biddle Road, Medford, Oregon 97504

Eileen Northrop, Contracting Eric Grim, Engineering

B.TELEPHONE NO. (Include area code) 541-618-2017 541-618-2065

541-957-3441

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):

ROGUE UMPQUA BYWAY ENHANCEMENTS

High Cascades Ranger District Rogue River-Siskiyou National Forest Jackson County, Oregon

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

Price Range: The Government's estimated price range is between $250,000 and $500,000

NOTE: Address/Mail/Deliver proposals to BLOCK 8 address. Bid guarantees must be received no later than the specified closing date. Bid Bonds must be originals. Offerors must be registered and active in the System for Award Management (SAM) data base prior to award. Information on registration may be obtained via the internet at: http://www.sam.gov. All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM System.

11. The Contractor shall begin performance within 10 calendar days and complete project ready for use by October 15, 2015 after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| 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.)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

CONTRACTOR MUST BE ENROLLED IN THE INVOICE PROCESSING PLATFORM (IPP) IN ORDER TO RECEIVE PAYMENT FOR SERVICES RENDERED. GO TO ipp.gov TO ENROLL. IF YOU EXPERIENCE ANY PROBLEMS, CALL 866.973.3131.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ROGUE UMPQUA BYWAY ENHANCEMENTS

High Cascades Ranger District Rogue River-Siskiyou National Forest Jackson County

TOTAL BASE ITEM

OPTION ITEM 1:

*Denotes Contract Quantities

Payment will be made on actual work performed as described in FP-03 109.01. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-03.

DUNS NUMBER:______________________________

TAX IDENTIFICATION NUMBER (TIN):____________________________

EMAIL:__________________________________________

NOTES:

1) Bid Items - Offerors must bid on all items. If offeror does not intend to charge for an Item, a price of ”0” or “NO COST” should be shown

2) Bond Premiums - Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.

3) A bid bond (20% of total bid price) is required for this solicitation. A performance (100%) and payment bond (100%) are required within 10 days after contract award.

4) Electronic offers will not be accepted. An offer that is emailed to a government account will be rejected.

5) 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.

6) Offerors must register in the System for Award Management (SAM) data base (See FAR clause 52.204-7). Information on registration may be obtained via the internet at: http://www.sam.gov. All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM System.

7) Contractor must be enrolled in the Invoice Processing Platform in order to receive payment for services rendered. If you are not currently enrolled, please go to https://www.ipp.gov/, and then Vender Enrollment. If you experience any issues at the site please contact customer support at the following:

Customer Support

· (866) 973-3131

· IPPCustomerSupport@fms.treas.gov

8) Proposal Submission Documents: See Section L for a list of required Proposal Submission Documents and other instructions.

Offers should be mailed or hand delivered to:

Include the following on the sealed envelope:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 General Scope of Contract/Description of Work

The project includes base and option items covering all labor, materials, equipment, supplies, supervision and incidentals necessary for the reconstruction of the Thousand Springs and Claude Lewis snoparks. Work includes but is not limited to the following:

· Incidental survey, erosion and pollution control, testing, and traffic control.

· Excavation, embankment, and disposal of onsite material.

· Importation and embankment of crushed aggregate base and surface course material.

· Pavement milling and crack sealing.

· Installation of paving geotextile

· Construction of hot mix asphaltic concrete overlay at existing parking lots.

· Other miscellaneous items as shown within the contract Drawings and Specifications.

C-2 Project Location

Rogue Umpqua Byway Enhancements: The project sites are located in Jackson County, Oregon, near the community of Prospect, on the High Cascades Ranger District of the Rogue River-Siskiyou National Forest. The sites may be reached by traveling from Medford, OR at the intersection with Interstate 5, north on State Highway 62 approxiately 55 miles to the intersection with State Highway 230. The Claude Lewis snopark is located to the left on State Highway 230, 11 miles from the intersection with State Highway 62. The Thousand Springs Snopark is located to the right on State Highway 62, 6 miles from the intersection with State Highway 230.

C-3 Price Range

The Government's estimate is: Between $250,000 - $500,000

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 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-6 Reference Standards

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AISC American Institute of Steel Construction

ANSI American National Standard Institute

API American Petroleum Institute

ASTM American Society for Testing and Materials

AWPA American Wood Preservers Association

AWS American Welding Society

BAA Buy American Act

CFR Code of Federal Regulations

DEQ Oregon Department of Environmental Quality

EPA United States Environmental Protection Agency

FAR Federal Acquisition Regulations

OAR Oregon Administrative Rules

OR-OSHA Oregon Occupational Safety and Health Administration

ORS Oregon Revised Statutes

OSHA Occupational Safety and Health Administration

USDA United States Department of Agriculture

USFS United States Forest Service

WCLIB West Coast Lumber Inspection Bureau

C-7 Specifications Applicable to This Individual Project

[X] FHWA Standard Specification 2003 U.S. Customary applies

The attached “List of Specifications” and “Supplemental Specifications” apply.

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 Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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

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

E-3 Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4 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.

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 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (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 75 calendar days after issuance of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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 and held after contract award at a time and date agreed to by both parties. 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 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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 or 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.

(End of clause)

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 the US Forest Service.

(b) Weather conditions suitable for performance of work are normally expected from May 1 through November 15 except for fire closures as provided for in Section J.

( c) Wildlife restrictions – No special restrictions are applicable.

H-2 Use of Premises

(a) The project site is accessed by State Highways 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) 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.

(c) Contractor is allowed to use existing 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 campground facilities is denied by the Government.

(d) Camping: At the discretion of the District Ranger, camping may be allowed at the construction site or other industrial camp site. No service or fuel type vehicles are to be parked in the adjacent campgrounds. The Government reserves the right to discontinue this privelege at its discretion if the Contractor or employees leave the campsite in an untidy condition. Camping is by permit only and may require a fee paid to the Concessionaire if in any of the adjacent campgrounds. Permits are to be arranged by the Contractor through the Prospect Ranger Station.

(e) Fuel storage is not allowed within the project site unless noted elsewhere.

H-3 Utilities

(a) Sewer: Not available

(b) Water: Water for construction shall be from a commercial potable water source or as follows: The contractor may pursue a Limited Water Use License through the Sate Water Resources Department. Water sources on the Forest shall be approved by the Contracting Officer prior to use. Water source sites on the Forest are not guaranteed in low water years or seasons. Approval for water withdrawal permits is a the discretion of the Watermaster. Water from non-commercial, non-potable sources must be treated, see “Cleaning of Equipment”, Section H for treatment of water. If obtained, the contractor shall submitt a copy of the license prior to use of source.

(c) Electrical: Not available

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

Tree felling

Fall hazard from work heights exceeding six feet

Blasting

Traffic control on limited visibility roads

Suspended loads

Tree climbing and/or tower climbing

Hazardous materials handling

Electrical hazard

Steep slopes and/or downed logs

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:

Material Data and Certifications 105.02 2 14 days (multiple sections)

Quality Control Plan 153.02 2 14 days

Sampling & Testing Results 154.01 1 N/A

Traffic Control Plan 156.03 2 14 days

Site Closure Schedule 156.05 2 14 days

Job Mix Formula 404.02 2 14 days

Certified Payroll Record FAR 52.222-8 1 N/A WH-347 (submit weekly)

Construction Schedule FAR 52.236-15 1 N/A

Safety Plan Certification H-4 Hazardous Conditions 1 N/A

SPCC Plan (> 1320 Gal.) H-7 Landscape Preservation 1 N/A

H-6 Permits and Responsibilities

The contractor shall be responsible to purchase or obtain permits / licenses for the following as needed:

Limited Water Use License: Watermaster at Jackson County, 10 South Oakdale, Medford, OR 97501. 541-774-6880

Permit to Occupy or Perform Operations on a State Highway: Oregon Department of Transportation, 200 Antelope Road, White City, OR 97503. 541-774-6342.

Other permits (unless noted elsewhere) are not required to be obtained by the Contractor due to project’s Federal status. 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) Protection of Botanical Resources - Previously unknown or unlisted populations of Protected, Endangered, Threatened, or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within the contract project boundaries. Deletion of part of some contract areas may be required to protect these botanical resources. The addition or substitution of other areas may be considered in these cases to maintain contract quantities. The modification of the contract may be required to protect or enhance previously unknown PETS plant populations.

(e) Erosion Prevention and Control - See section 157 for required Erosion and Pollution Control Plan. Contractor’s operations shall be conducted reasonably to minimize soil erosion. See section 157 for required Erosion and Pollution Control Plan. 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.

(f) Aggregate, soil, and other materials incorporated into the work shall not contain noxious weeds or seeds.

(g) Cleaning of Equipment - The Contractor shall clean all vehicles and equipment prior to entering the National Forest. This cleaning shall remove all soil, plant parts, seeds, or other debris that could contain or hold seeds. Only vehicles inspected before entering National Forest land will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area shall be treated in the same manner as the initial move-in.

Unless otherwise agreed, Contractor shall give the Contracting Officer at least 24 hours written notice when equipment is ready for inspection. Notification will include an agreed upon location and time where the equipment will be available for inspection by the Contracting Officer. Inspection will be required after every cleaning.

H-8 Fish Protection

Draft hoses being used to withdraw water from any stream or pond located on the Forest shall utilize one of the following methods:

1. Perforated Plate: screen openings shall not exceed 3/32 or 0.0938 inches.

2. Profile Bar Screen: screen openings shall not exceed 0.0689 inches in the narrowest dimension.

3. Woven Wire Screen: screen openings shall not exceed 3/32 or 0.0938 inches.

H-9 Submittals, Shop Drawings, Material Certifications and Testing Reports

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

(End of clause)

H-10 Construction Stakes, Lines, and Grades

(a) Survey monuments have been set and are shown on the plans. The survey control monuments constitute the field control from which the Contractor shall execute the work, and shall be left in place until the Engineer approves their removal.

(b) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Plans or stated in the specifications.

(c) If any construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the Engineer. If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(d) In case of any construction changes, the Contractor shall cooperate with the Engineer and facilitate the prompt reestablishment of the field control for the adjusted work.

(End of clause)

H-11 Traffic Control

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

H-12 Suspensions for Other Than Government’s Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-13 Payment for Materials Delivered Off Site

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

H-14 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-15 Performance and Payments Bond Amounts with Option Items

The Contracting Officer, based on the contract clause entitled “Additional Bond Security (FAR 52.228-2) may require an increase in the penal sum of the bond if the option item(s) is (are) exercised after the initial award. The increase, if any, will be based on an amount no greater than the total contract price, as modified. The Contracting Officer reserves the right to maintain the penal sums based on the original contract amounts if Option Item additions are minimal, or if Base item performance completion is substantial.

H-16 Payment for Performance and Payment Security Expenses

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-17 Release of Performance and Payment Bonds

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract including any applicable warranty period. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

H-18 AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance – Work on a government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(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.

(End of Clause)

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

52.203-8 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)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

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)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 AGAR 452.209-71 Assurance Regarding Felony Convictions or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

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

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

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

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

I-4 52.217-7 Option for Increased Quantity—Separately Priced Line Item.

As prescribed in 17.208(e), insert a clause substantially the same as the following:

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 within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

I-5 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause—

Long-term…