ConstructionRFQ.docx
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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 |
| 60 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| AG-04N7-S-15-0061 |
| 09/24/2015 |
| Req # 767248 |
AAP # 06SO101559292
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 |
10/21/2015 This is not a public opening.
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) |
BIG ROCK CREEK BRIDGE DECK REHABILITATION
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-15-0061
Big Rock Creek Bridge Deck Rehabilitation 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 | 5-7 | |||||
| Section D – Packaging and Marking | 8 | |||||
| Section E – Inspection and Acceptance | 9-11 | |||||
| Section F – Deliveries and Performance | 12 | |||||
| Section G – Contract Administration Data | 13 | |||||
| Section H – Special Contract Requirements | 14-19 | |||||
| Section I – Contract Clauses | 20-30 | |||||
| Section J – List of Attachments | 31 | |||||
| Project Specifications | - Separate attachment |
Project Drawings – Separate attachment
| Fire Protection and Suppression R6-FS-6300-52 | 32-37 | ||||
| Fire Plan | 38-40 | ||||
| Department of Labor Wage Determination | 41-58 | ||||
| Section K – Representations, Certifications and Other Statements of Offerors | 59-61 | ||||
| Section L – Instructions, Conditions, and Notices to Offerors | 62-67 | ||||
| Section M – Evaluation Factors for Award | 68-69 |
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
BIG ROCK CREEK BRIDGE DECK REHABILITATION
WILD RIVERS RANGER DISTRICT
Rogue River-Siskiyou National Forest Josephine County, Oregon
Pay Item
Item Description
| Quantity |
| Pay Unit |
Unit Price
Amount
| 15101 |
| Mobilization |
| All |
| Lump Sum |
| $ |
| $ |
| 15713 |
| Soil erosion and pollution control |
| All |
| Lump Sum |
| $ |
| $ |
| 20102 |
| Clearing and grubbing, disposal method (f) |
| All |
| Lump Sum |
| $ |
| $ |
| 20305 |
| Removal of structures and obstructions, disposal method (a) |
| All |
| Lump Sum |
| $ |
| $ |
| 20411 |
| Embankment construction, compaction method (b), finishing method (b) |
| 85* |
| Cubic Yard |
| $ |
| $ |
| 20811 |
| Rock excavation |
| 40* |
| Cubic Yard |
| $ |
| $ |
| 20854 |
| Structure excavation and backfill |
| 23* |
| Cubic Yard |
| $ |
| $ |
| 25314 |
| Gabions, welded-wire baskets |
| 19 |
| Cubic Yard |
| $ |
| $ |
| 30801 |
| Minor crushed aggregate |
| 20* |
| Cubic Yard |
| $ |
| $ |
| 40401 |
| Minor hot asphalt concrete |
| 14* |
| Ton |
| $ |
| $ |
| 55501 |
| Structural steel and hardware |
| All |
| Lump Sum |
| $ |
| $ |
| 55701 |
| Untreated structural timber and lumber |
| 16 |
| Lineal Foot |
| $ |
| $ |
| 55703 |
| Treated structural timber and lumber |
| 1.70* |
| MBF |
| $ |
| $ |
| 55705 |
| Treated structural timber and lumber, glued-laminated |
| 3.64* |
| MBF |
| $ |
| $ |
| 63501 |
| Temporary traffic control |
| All |
| Lump Sum |
| $ |
| $ |
TOTAL ESTIMATED AMOUNT ALL ITEMS:
* Denotes Contract Quantities for measurements.
B-2 Note:
Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.
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 and payment will be made for the quantity shown in the schedule of items in accordance with FP-03 section 109.02.
DUNS NUMBER: ______________________________________________________________
TAX IDENTIFICATION NUMBER (TIN): ________________________________________
EMAIL ADDRESS: ____________________________________________________________
NOTES:
1) Offerors are urged to inspect work site before submitting quote.
2) A payment bond (100%) is required for this project.
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) ELECTRONIC OFFERS WILL NOT BE ACCEPTED. An offer that is emailed to government account will be rejected.
5) Facsimile quotes will be accepted at 541.618.2148. See Section L for Fax Number.
6) 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.
7) RETURN PACKAGE: See Section L for return package instructions.
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 the rehabilitation of the Big Rock Creek Bridge. Work includes but is not limited to the following:
· Soil erosion and pollution control,
· Temporary traffic control,
· Removal of existing treated, nail-laminated deck and replacement with treated, glued-laminated deck,
· Removal of existing treated, sawn timber bridge curbs and replacement with treated, glued-laminated curbs,
· Installation of treated timber running planks,
· Realignment of approach roadway at each end of bridge with embankment construction,
· Construction of rock gabion retaining walls at bridge ends,
· Placement of aggregate base, aggregate surfacing and asphalt surfacing and,
· All other items necessary to complete the work in accordance with the plans and specifications.
C-2 Project Location
This project is for the rehabilitation of an existing treated timber vehicular bridge at milepost 1.6 of Forest Development Road 4402, as it crosses Big Rock Creek. The project is located on the Wild Rivers Ranger District, Rogue River-Siskiyou National Forest, approximately 3.8 miles west of O’Brien in Section 3, T41S, R09W, Josephine County, Oregon.
C-3 Price Range
The Government's estimate is: Between $25,000 - $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 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
AISC American Institute of Steel Construction
ANSI American National Standard Institute
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
BAA Buy American Act
CFR Code of Federal Regulations
CS Commercial Standard
DEPA Department of Environmental Protection Agency
DEQ Oregon Department of Environmental Quality
EPA United States Environmental Protection Agency
FAR Federal Acquisition Regulations
NESHAPS National Emissions Standards for Hazardous Air Pollutants
NFPA National Fire Protection Association
NIOSH National Institute for Occupational Safety and Health
OAR Oregon Administrative Rules
OR-OSHA Oregon Occupational Safety and Health Administration
ORS Oregon Revised Statutes
OSHA Occupational Safety and Health Administration
OSHD Oregon Department of Transportation, Oregon State Highway Division
RCRA Resource Conservation and Recovery Act
UFC Uniform Fire Code
UL Underwriters Laboratories, Inc.
USDA United States Department of Agriculture
USFS United States Forest Service
WCLIB West Coast Lumber Inspection Bureau
WWPA Western Wood Products Association
C-7 Specifications Applicable to This Individual Project
[X] FHWA Standard Specification For Construction of Roads and Bridges on Federal Highway Projects (FP-03), U.S. Customary Units.
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 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 150 calendar days after the Contractor receives the Notice To Proceed. The timeframe for work adjacent to or within the stream channel must be approved by the Contracting Officer (C.O.). The time stated for completion shall include final cleanup of the premises.
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 (Materials) (USDA 452.245-70)(FEB 1988)
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This shall be used and maintained by the Contractor in accordance with provisions of the "Government Property" FAR clause contained elsewhere in the contract. N/A
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 U.S. 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 Forest Roads that are to remain open for public use during performance of work under this contract as noted in the project specifications. 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) Restroom facilities are not available at this site and the Contractor shall provide sanitation facilities as needed.
(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
| x |
| Temporary excavation/deep trenching/slope stability |
Tree felling
| x |
| Fall hazard from work heights exceeding six feet |
Blasting
| x |
| Traffic control on limited visibility roads |
| x |
| Heavy equipment operation |
| x |
| Suspended loads |
Tree climbing and/or tower climbing
Fire hazards
Hazardous materials handling
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:
| Number | Government | |||
| Reference | of Copies | Approval for | ||
| Brief Title | Section | To Submit Submittal |
Quality Control Plan 153.02 2 14 days
Traffic Control Plan 156.03 2 14 days
Site Closure Schedule 156.05 2 14 days
Soil Erosion & Pollution 157.03 2 14 days Control Plan
Minor Crushed Aggregate 308.06 2 14 days
Job Mix Formula 404.02 2 14 days
Untreated Structural Timber 716.01 1 14 days And Lumber
Timber Treatment Certification 716.03 1 N/A
Glued Laminated Timber 716.04 1 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
| Fire Plan | Section J Fire Protection | 1 | N/A |
| and Suppression |
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 Josephine County, 942 SW 6th Street, Suite E, Grants Pass, OR 97526. 541-471-2886
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
(a) 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.
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) 52.204-13 System for Award Management Maintenance (JUL 2013) 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) | |
| 52.219-6 | 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 | Construction Wage Rate Requirements (MAY 2014) | |
| 52.222-7 | Withholding of Funds (MAY 2014) | |
| 52.222-8 | Payrolls and Basic Records (MAY 2014) | |
| 52.222-9 | Apprentices and Trainees (JUL 2005) | |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) | |
| 52.222-11 | Subcontracts (Labor Standards) (MAY 2014) | |
| 52.222-12 | Contract Termination - Debarment (MAY 2014) | |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related Act Regulations (MAY 2014) | |
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) | |
| 52.222-15 | Certification of Eligibility (MAY 2014) | |
| 52.222-21 | Prohibition of Segregated Facilities (APR 2015) (Applicable if contract exceeds $10,000) | |
| 52.222-26 | Equal Opportunity (APR 2015) (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 (JUL 2014) (Applicable if contract exceeds $15,000) | |
| 52.222-50 | Combating Trafficking in Persons (MAR 2015) | |
| 52.223-2 | Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013) | |
| 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 (MAY 2014) |
| 52.232-23 | Assignment of Claims (MAY 2014) |
52.232-27 Prompt Payment for Construction Contracts (MAY 2014)
| 52.232-33 | Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) |
| 52.233-1 | Disputes (MAY 2014) |
| 52.233-3 | Protest After Award (AUG 1996) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (OCT 2004) |
| 52.236-3 | 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 (APR 2015) |
| 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 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
(End of clause)
I-6 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS
(MAY 2014 )
a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: N/A
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the…
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