CONSTRUCTION_RFQ_Toketee.docx

AG-04N7-S-16-0017 Umpqua National Forest Toketee Septic Replacements

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

Rogue River-Siskiyou National Forest Service 3040 Biddle Road, Medford, Oregon 97504 See Section F.2

Maggie Giuliani, Contracting Officer

(541) 618-2018

9. DESTINATION

11. SCHEDULE (Include applicable Federal, State and local taxes)

TOKETEE SEPTIC REPLACEMENTS

TOKETEE RANGER STATION

DIAMOND LAKE RANGER DISTRICT

UMPQUA NATIONAL FOREST

Douglas County, Oregon

SEE SCHEDULE OF ITEMS IN SECTION B.

Price Range: Between $25,000 - $100,000

NOTE: Offerors must register in the System for Awards Management (www.SAM.gov) data base.

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Toketee Septic Replacements Toketee Ranger Station Diamond Lake Ranger District Umpqua National Forest Douglas County

B.1 SCHEDULE OF ITEMS:

BASE ITEMS

ITEM NO.

DESCRIPTION

QTY.

UNIT

PRICE

TOTAL

AMOUNT

AG-04N7-S-16-0017 Umpqua National Forest Toketee Septic Replacements

TOTAL QUOTE ALL ITEMS…$___________________

LS=Lump Sum

All line items must be filled out. If there is not the intent to charge for a Bid Item, a price of “0” or “No Cost” should be shown on schedule.

Schedule B – Continued

DUNS NUMBER: ____________________________________________

EMAIL ADDRESS: _____________________________________________________________

NOTES:

1) Quoters are urged to inspect work site before submitting quote.

2) 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/

3) ELECTRONIC OFFERS WILL NOT BE ACCEPTED. An offer that is emailed to a government account will be rejected.

4) Facsimile quotes will be accepted. Fax Number: 541-618-2148.

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) RETURN PACKAGE: To be considered for award the offeror must complete and return the following documents to this office on or before the date and time specified for receipt of offers:

· Completed Standard Form 18 – page 1

· Schedule of Items/Bid Schedule – page 2

· Notes to Contractor – page 3 (DUNS and E-mail address) –

· All of Section K – Representations, Certifications and Other Statements of Offerors

· All of Section M – Evaluation Factors for Award/Complete Form

Put Solicitation Number AG-04N7-S-16-0017 and Project Title on outside of envelope.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

This project includes, but is not limited to:

· Decommissioning one (1) existing 20’ x 60’ gravity drain field system, constructing one (1) new gravity drain field (exact dimensions TBD), and connecting new drain field system to existing septic at Toketee House #1100.

· Decommissioning one (1) existing 36’ x 10’ sand filter system, constructing one (1) bottomless sand filter (exact dimensions TBD), and connecting new system to existing septic system at Toketee House #1131.

Both houses are Government owned single family residences.

C-2 PROJECT DESCRIPTION

The work includes:

· House #1100

· Decommissioning the existing gravity drain field by disconnecting the sewer lines from the existing septic systems and abandoning the existing gravity drain field in-place.

· Installing new gravity sewer line from the discharge pump in the existing septic tank to the new drain field.

· House #1131

· Decommissioning the existing sand filter by disconnecting the sewer lines from the existing septic systems and abandoning the existing sand filters in place.

· Installing new pressure sewer line from the discharge pump in the existing septic tank to the new sand filters.

The Contractor will be responsible for work in compliance with the Contract terms, specifications, provisions, and all state and county regulations as established in the DEQ permits obtained by the Government. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals. The Contractor is responsible for using DEQ approved materials and installation methods. The Contractor will also be responsible for scheduling all required DEQ inspections.

ALL WORK IS TO CONFORM TO OREGON ADMINISTRATIVE RULES, CHAPTER 340, DIVISIONS 71& 73. WORK MUST BE DONE BY A LICENSED SEWAGE DISPOSAL SERVICE BUSINESS, APPROVED BY

OREGON DEQ.

C-3 PROJECT LOCATION

This project is located near the Toketee Ranger Station on the Umpqua National Forest. From Roseburg, OR, follow the North Umpqua Hwy, OR-138 East for approximately 61 miles. Turn left on USFS Road 4776, Toketee Ranger Station Road.

· House #1100 is located at 1100 Lake Drive.

· House #1131 is located at 1131 Crest Lane.

C-4 PRICE RANGE

The Government's estimate is: Between $25,000 and $100,000

C-5 C-5 APPLICABLE Specifications (CSI Projects)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

C-6 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-7 C-6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-8 PERSONNEL QUALIFICATIONS

Work must be done by an Oregon State licensed sewage disposal service business, and listed active on the DEQ website.

C-9 BIO-PREFERRED

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

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

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

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

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

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

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

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

C-10 SUBMITTALS

This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous information. The following requirements and procedures are required in addition to and as an explanation of FAR Clause 52.236-21 and AGAR Clause 452.236-76.

Transmit submittals in electronic (PDF) format by e-mail. E-mail submittals to personnel agreed upon in the pre-construction conference. Notify Contracting Officer (CO) if this procedure cannot be utilized.

The electronic submittal process is not intended for color samples, color-charts or physical material samples. Mail samples and color selection data to the address identified and agreed upon in the pre-construction process.

All submittals shall be accompanied by a submittal transmittal form and shall include the following unless otherwise required in an individual project specification:

1. Date and revision dates

2. Project name and contract number

3. Names of contractor, subcontractor, supplier and manufacturer

4. Specifications section number identified clearly on the first page of each submitted product

5. Field dimensions and relation to adjacent structures

6. Applicable standards such as ASTM or Federal Specifications; especially those that reference back to contract requirements

7. Contractor’s stamp, initial or signature, certifying the review of submittal, compliance with the requirements of the Contract Documents, verification of manufacturer/product, dimensions, field measurements and coordination of information with other parts of the work.

Submit detailed information to inform CO and COR of all product information and construction execution details. Submittals that do not contain the above requirements or are in any other way deemed insufficient will result in rejection and can delay on-site construction activities.

Product Data: Include items such as:

1. Contractor’s, manufacturer’s, or fabricator’s drawings, cut sheets and installation instructions

3. Diagrams

4. Test reports

5. Samples

6. Pictures

7. Certifications

8. Other information as required by individual specification sections

Shop Drawings: Provide complete material and hardware lists. List material descriptions and quantities.

1. Provide Shop Drawings that are custom to the innate designs described in the Specifications and Drawings.

2. Boiler plate Shop Drawings or submitting Contract preliminary/information Drawings as Shop Drawings will not be accepted.

3. Show all fabrication, installation, and material details.

4. Provide details for the installation of individual fixtures and equipment

4. Address the appearance, performance, and prescriptive descriptions in the specifications and construction drawings.

5. Attach manufacturer’s catalog cut sheets and other manufacturer’s information that is needed to convey conformance to the Specifications and Contract Drawings.

6. Include all FIELD VERIFIED dimensions, manufacturing conventions, and special fabrication instructions on the shop drawing. It should be clear to fabrication personnel what will be manufactured from the shop drawings alone.

Dimensions provided in the Drawings and Specifications are for informational purposes only. Jobsite dimensions, such as the dimensions between two surfaces on the jobsite, need to be verified by the Contractor. A dimension may be shown on the construction Drawings, but the actual dimension may vary, from very small to large increments, depending on jobsite conditions. It is extremely important that the fabricated item arrive on the jobsite ready to be installed without field modification. Special care must be taken by the Contractor to measure and verify dimensions before preparing shop drawings and ordering materials.

Obtain written approval from the CO for the above submittals prior to ordering, construction, assembly, and delivery.

The following submittals are required:

Title

Referenced by Contract clause or Specification No.

Time of Government Approval / Acceptance After Submittal

[FAR 52.236-15]

N/A

[FAR 52.236-6]

N/A

[FAR 52.236-11]

N/A

7 days

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-1 DEQ INSPECTIONS

DEQ inspections required for installation of systems must be scheduled with the Roseburg DEQ office at 541-440-6183 List of DEQ required inspections for SAND FILTER:

After the sand filter box is complete:

a. 4 inches of sandfilter liner bedding is down,

b. Filter box is built,

c. Liner is in the box and

d. The underdrain pipe has been installed with the perforations up.

After the media placement is in the filter container and everything is ready for the squirt test:

a. Drain rock is around the underdrain pipe,

b. Underdrain gravel is in,

c. 24 inches of sand-filter sand is in,

d. Manifold/lateral installation with 3 inches of drain media under is in,

e. Septic and dosing tank is in and filled with water,

f. Pump and alarm are hooked up to power After the final cover has been placed and graded over the sandfilter. Inspection of the tank(s) installation, effluent sewer lines and drainfield installation can take place during any one of these inspections.

List of DEQ required inspections for LOOP DRAIN FIELD

0. A “pre-cover” inspection (before it is covered with soil) of the installation is required To initiate the pre-cover inspection the installer must complete the As-Built Drawing and Materials List form (included in the permit packet) and submit it to your county’s onsite agent. This form must be signed by the installer certifying that it was installed according to DEQ specifications. Within seven (7) days of receipt of this completed form, the onsite agent for your county will either waive or conduct the inspection.

After completion of a satisfactory inspection you may cover the installation.

E-2 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or elsewhere herein. This does not relieve the Contractor of completing Contractor quality control work.

E-3 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.

E-4 CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

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

52.242-14 Suspension of Work (APR 1984)

F-2 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 seven 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 45 calendar days after the contractor receives the notice to proceed.

The time stated for completion shall include final cleanup of the premises. The anticipated start date is late April.. In the event work is suspended due to weather conditions, Contractor's work shall commence when weather and ground conditions permit.

F-3 SUSPENSIONS OF WORK 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 be 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 its 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 an equitable adjustment.

AG-04N7-S-16-0017 Umpqua National Forest Toketee Septic Replacements

F-4 Maximum Workweek – Construction Schedule (AGAR 452.236-75)(NOV 1996)

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

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

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

The maximum workweek that will be approved is Monday through Friday from 7:00 am to 5:00 pm; no work to occur on major holidays from 12:00 noon the Friday before the holiday through Monday of the designated holiday. For the purpose of this contract, designated holidays are Memorial Day, Fourth of July, Labor Day, and Columbus Day.

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 the date of contract award. The conference will be held at A mutually agreed upon site.

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.

“None”

G.3 DESIGNATION OF CONTRACTING OFFICER’S 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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FA R 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 surface observations.

Weather conditions typical for this area indicate the following normal work season and fire season:

· Normal work season: June through October

· Typical heavy precipitation: October through May

· Normal fire season: June through October

Transportation facilities providing access to the site are identified elsewhere herein.

H-2 UTILITY SERVICES

In accordance with the contract clause entitled "Availability and Use of Utility Services (FAR 52.236-14)”, the following utilities are available at the project site:

Coordinate with John O’Connor at 541-498-2531

H-3 ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1. Schedule of Items (excluding the specifications)

2. Representations and Certifications

3. Instructions to Offerors

4. Special Contract Requirements

5. Contract Clauses (excluding the specifications and drawings)

6. Special Project Specifications

7. Standard Specifications

8. Drawings, figured dimensions over scaled dimensions

9. Drawings, large scale over small scale

10. Drawings - Schedules on drawings over notations on drawings

11. Shop Drawings

12. Other Documents, Exhibits, and Attachments

H-4 WAGE DETERMINATION DECISION

The general wage determination applicable to this contract is attached in Section J.

H-5 PAYMENT S 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 drawings, 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 incidental to and included in the payment for items shown.

H-6 PAYMENT FOR MATERIALS DELIVERED OFF THE 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-7 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including Government-Furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-8 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein), approved by the Forest Service, and may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-9 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

H-10 LOCAL DISPOSAL SITES

Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed from National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

H-11 INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-12 STATE PUC PERMITS

Forest Service Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the nonapplicability of PUC requirements.

H-13 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

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.

H-14 PROSECUTION OF WORK - WORK HOUR LIMITS -WORK ITEM LIMITS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

Construction activity shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday unless other hours are approved in writing by the COR. No work shall be performed on Federal holidays.

Road 4776 shall be open to public access and free of hazards on weekends.

H-15 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.

· Hazardous materials handling

· Electrical hazard

· Hydraulic and/or pneumatic and/or other high pressure hazards

· Mechanical hazards such as pulleys, springs etc.

H-16 Permits and Responsibilities (FAR Clause 52.236-7)( Section I) The Contractor shall not obtain an electrical permit or any other building permit or inspection except where noted elsewhere. Contractor is responsible to comply with all codes, laws and regulations applicable to this work.

H-17 EXCAVATION

All excavation is non-classified.

H-18 MATERIAL SOURCES

There is no government material source available for this project.

Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed.

H-19 CONSTRUCTION STAKES, LINES, AND GRADES

a. The Forest Service will provide flagging and stakes to constitute the field control from which the Contractor shall execute the work, and shall be left in place until the Inspector or COR approves their removal.

b. In case of any construction changes, the Contractor shall cooperate with the COR and facilitate the prompt reestablishment of the field control for the adjusted work.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting

**NOTE** [USE IF PERFORMANCE, IN WHOLE OR IN PART, IS ON A FEDERAL FACILITY]

(AUG 2011)

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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I.2 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

_________”NONE”_______________________________________

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.2 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) (Applicable to Contracts >$35,000 but < $150,000)

(a) The Contractor shall submit one of the following payment protections

· PAYMENT BOND_

· IRREVOCABLE LETTER OF CREDIT

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.3 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.

I.4 ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

I.5 FAR 52.223-2 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.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Title Pages

SECTION 01200

MOBILIZATION PAYMENT PROCEDURES

PART I- GENERAL

1.01 SUMMARY

The work consists of the mobilization and…