Solicitation-McRiver-Fencing-Upgrades.pdf

PREQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 50

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-04R4-S-12-0023 09/07/12 607511

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

Willamette NF Supervisor’s Office 3106 Pierce Parkway, Suite D Springfield OR 97477-7909

As specified herein

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Contracting Officer:

Technical Contact – Mario Isaias-Vera:

225-6334 750-7070

a. NAME OF CONSIGNEE

8. TO: Willamette NF Supervisor’s Office

a. NAME b. COMPANY b. STREET ADDRESS Front Desk USDA - FS

c. STREET ADDRESS c. CITY 3106 Pierce Parkway, Suite D

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Springfield OR 97477

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

THE SUGGESTED RESPONSE DATE OF

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

Local Time 09/17/2012 4:00 PM 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)

McKenzie River Fencing Upgrades

Willamette National Forest

McKenzie River Ranger District Lane County Oregon

See Attached

Requirements

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 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)

Sol. No. AG-04R4-S-12-0023 Willamette National Forest / McKenzie River RD

McKenzie River Fencing Upgrades

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

PAY ITEM

NUMBER DESCRIPTION MM UNIT

EST

QUANTITY

UNIT PRICE

TOTAL

012000 Mobilization LSQ Lump Sum All

323113-1 Provide and Install Barbed Wire

(3 Strands) with Barbed Wire Support Arms and Couplings

AQ Linear Foot 1,600

323113-2

Provide and Install Barbed Wire (3 Strands) for Cantilever Gate with Barbed Wire Support Arms and Couplings

LSQ Lump Sum All

323113-3 Provide and Install Wire Ties LSQ Lump Sum All

323113-4 Provide and Install

Two (2) Sleeve Connectors and One (1) Brace Rail

LSQ Lump Sum All

GRAND TOTAL $ _______________

LSQ: Lump Sum Quantities AQ: Actual Quantities

If quoter does not intend to charge for an item number, a price of “0” or “NO COST” should be shown. If the price is left blank or shown as “No Quote,” the entire quote may be considered Non-Responsive.

DUNS Number_______________________ TIN Number_______________________

Email ______________________________

Quoters must respond to the other factors as described in EVALUATION OF QUOTES in Section M.

Quote shall be submitted for the total item. Quote for less than the total item will not be considered.

Quotations may be submitted via fax to 541-225-6220, or sent hard copy to the address shown in block 5(a) of the Standard Form 18. Quotes may not be accepted via email.

The estimated start work date is October 1, 2012. All work shall be completed within _ 30 calendar days after the effective date of the Notice to Proceed.

NOTE: Quoter MUST register in the Central Contractor Registration (CCR) data base – See FAR 52.204-7 and Online Representations and Certifications Applications (ORCA) – See FAR clause 52.204-8. These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/ Quoter shall register at this new website, before award will be made.

https://www.sam.gov/portal/public/SAM/

McKenzie River Fencing Upgrades

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (FEB 1988)

C-1.1 Scope of work:

• Contractor shall furnish labor, materials, equipment, and incidentals necessary to provide and install approximately 1,600 feet of barbed wire as define in the specifications to an existing commercial chain link fence. Barbed wired shall match color and materials of existing fence; and be installed in all existing gates.

• Contractor shall provide and install wire ties to replace missing ties and secure existing fence to post and rails as recommended by the Chain Link Fence Institute.

• Contractor shall install two (2) sleeve connectors and one (one) brace rail in area designated by the

CO.

C-1.2 See Project Description and attached CSI Specifications.

C-2 PROJECT LOCATION

The McKenzie River Ranger District is located on the Willamette National Forest, on the McKenzie Hwy126.

Physical address is 57600 McKenzie Hwy, McKenzie Bridge, Oregon 97413.

From I-5, take exit 194A towards OR-126 East. Continue onto OR-126 East for approximately 53 miles.

C-3 SPECIFICATIONS

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

McKenzie River Fencing Upgrades

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

Online: http://www.astm.org

OSHA Standards Occupational Safety and Health Administration

Online: http://www.osha.gov/ Street Address: 200 Constitution Avenue, NW Washington, D.C. 20210

ANSI/NSF American National Standard Institute Online: http://www.nsf.org/ http://www.ansi.org/

Underwriters laboratories Online: http://www.ul.com/

CLFMI Chain Link Fence Manufacturer’s Institute Product Manual (CLF-PM0610) http://www.associationsites.com/main-pub.cfm?usr=clfma

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

C-4 SUBMITTALS

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

1. Date and revision dates.

2. Project name and contract number.

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

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field

McKenzie River Fencing Upgrades measurements and compliance with contract documents. Provide all submittals within 10 calendar days of contract award unless otherwise required by the specification.

C-5 PRODUCT SAMPLES AND/OR SUBMITTALS

The following product samples and/or submittals are required for this project:

Title Referenced by Specification No

Time of Government Approval After Submittal

Schedule of Work FAR 52.236 - 15 10 days Tension Wire and Fittings Section 323113 10 days Barbed Wire Section 323113 10 days Barbed Wire Support Arms Section 323113 10 days Sleeve Connectors and Brace Rail Section 323113 10 days

C-6 SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by Specification No

Time of Government Approval After Submittal

Barbed Wire System for Cantilever Gate Section 313113 10 days

C-7 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73

(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 CSI SPECIFICATIONS

See the following:

Specifications List:

• Section 012000 Mobilization Payment Procedures 1 Page

• Section 323113 Chain Link Fences and Gates 4 Pages

McKenzie River Fencing Upgrades

C-9 PRICE RANGE

less than $25,000

McKenzie River Fencing Upgrades

SECTION D--PACKAGING AND MARKING

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

McKenzie River Fencing Upgrades

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): http://farsite.hill.af.mil/vffara.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

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

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

E-3 INSPECTION PERFORMED BY GOVERNMENT

The Government will perform inspection of work in progress.

E-4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

http://farsite.hill.af.mil/vffara.htm

McKenzie River Fencing Upgrades

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): http://farsite.hill.af.mil/vffara.htm

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 __3__ 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 __30__ calendar days after the effective date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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 working in conditions 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.

McKenzie River Fencing Upgrades

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the WillametteNational Forest, 3106 Pierce Parkway, Suite D, Springfield, OR, 97477, or at the McKenzie River Ranger Station, located on 57600 McKenzie Hwy, McKenzie Bridge, OR. 97413.

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

McKenzie River Fencing Upgrades

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PHYSICAL DATA (FAR 52.236-4) (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 NONE GIVEN.

(b) Weather conditions may be obtained at: www.weather.com

(c) Trasportation facilities Access project site by paved road.

(d) N/A .

H-2 POTENTIAL SAFETY HAZARDS

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[ ] Confined space entry.

[ ] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X ] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[] Fire hazards.

[] Hazardous materials handling.

[ ] Electrical hazard.

[ ] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[ ] Other __________________________________ http://www.weather.com/

McKenzie River Fencing Upgrades

H-3 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.

H-4 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-5 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) yellow starthistle (C. solstitialis) gorse (Ulex europaeus) rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H-6 LANDSCAPE PRESERVATION

(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for removal. The Contractor shall confine operations to within the work area designated in the 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 on site, 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. If a spill of petroleum

McKenzie River Fencing Upgrades product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1- 503-378-4124, and then immediately notify the Contracting Officer.

Contractor shall have a SPILL RESPONSE KIT on the project whenever equipment is operating. The spill kit shall be sufficient to absorb 34 gallons of oil, designed to float on the surface, while absorbing oil and repelling water.

Oil absorbing mats are required under all stationary equipment, or equipment being serviced within the Forest Boundary to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 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.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water.

Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas flagged on the ground or beyond two feet from edge of walkways, top of cuts, or toe of fills.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

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 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 8.00 a.m. and 5.00p.m., Monday through Friday, unless other hours are approved in writing by the CO. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the CO at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(c) Contractor shall coordinate construction work with CO. Contractor shall submit a Schedule of Work prior to Commencement of Work. Schedule of Work shall be updated as work progresses and as requested by CO. Submit Schedule of Work within 10 business days of Notice to Proceed. Schedule of Work shall be approved by CO.

H-9 PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, Contractor shall remove the existing traffic signs within the work area and reinstall to their approximate existing locations.

H-10 SANITATION REQUIREMENTS

Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons working under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the CO. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

H-11 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the construction, all stakes, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

McKenzie River Fencing Upgrades

H-12 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, may exist on the ground.

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

H-13 USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

Before shutting down any operations, leave all travel-ways in a condition suitable for traffic.

Unless otherwise provided, traffic delays may not exceed 30 minutes.

If the Contractor requests use of a National Forest road or road segment not listed above, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR

261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

McKenzie River Fencing Upgrades

H-14 METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project.

Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

(1) As a result of changes in the work authorized by the Contracting Officer.

(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

H-15 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

McKenzie River Fencing Upgrades

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.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (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 Rerepresentation (Apr 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (OCT 2010) (Applicable if contract exceeds $15,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) (Applicable if contract exceeds

$15,000) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(Jul 2012) 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) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) http://www.usda.gov/procurement/policy/agar.html

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52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (Jan 2012) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Property Records (Apr 2012) 52.245-2 Government Property Installation Operation Services (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 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

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $30,000) 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) 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)

(a) Definitions. As used in this clause--

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

(1) 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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: “none”

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1

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Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

[Include other applicable supporting information.]

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

(End of clause)

I-3 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being costed, or of similar equipment. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

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), i.e., Sections A, B, D, E, F, G, and H.

(2) Representations and other instructions, i.e., Sections K, L, and M.

(3) Contract clauses, i.e., Section I.

(4) Other documents, exhibits, and attachments, i.e., Section J.

(5) Supplemental Specifications.

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

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(7) (a) Plans, figured dimensions over scaled dimensions.

(b) Plans, large scale contract plans over small scale contract plans.

(c) Schedules on contract plans over any conflicting notations on contract plans.

(8) Shop drawings.

I-5 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.

I-6 PAYMENTS FOR INDIRECT ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with plans, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered indirect to and included in the payment for items shown.

I-7 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

I-8 WAGE DETERMINATION DECISION

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

Where rates for "Timber Sale Roads" appear in the Wage Determination Decision, they shall be applicable only to projects identified as "Opted" Timber Sale Roads.

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I-9 AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS - Alternate 1 (Feb 2012) -

DEVIATION

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.

No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

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

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

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

(End of Clause)

I-10 FAR 52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Agriculture's (USDA) Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”…