AG04R4S140008-CompleteSolicitation.pdf
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- Forest Wide Installation of Water Meters
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- AG-04R4-S-14-0008
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AG-04R4-S-14-0008
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
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 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)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
05/07/2014
1 59
WILLAMETTE NATIONAL FOREST
3106 PIERCE PARKWAY SUITE D
SPRINGFIELD OR 97477
USDA FOREST SERVICE
Multiple
541 225-6326SHEILA FINNEY
05/27/2014 1300 PT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Umpqua National Forest-Water meter installation
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. DESCRIPTION PAY UNIT
ESTIMATED
QUANTITIES UNIT PRICE TOTAL AMOUNT
Installation of five (5) 1½” Water Meters at Tiller Ranger District Compound LS ALL $ $
Installation of eight (8) 1½” Water Meters at Diamond Lake Ranger District Toketee Compound LS ALL $ $
Installation of two (2) 1½” Water Meters at Dorena Genetic Resource Center Compound LS ALL $ $
1-O Installation of one (1) 1½” Water Meters at Tiller Ranger District Compound LS ALL $ $
2-O Installation of one (1) 1½ Water Meters at Diamond Lake Ranger District Toketee Compound LS ALL
3-O Installation of one (1) 1½” Water Meters at Dorena Genetic Resource Center Compound LS ALL $ $
4-O Per additional pothole location (If 30 pothole locates have been exhausted) LS ALL $ $
LS=LUMP SUM
B-2 NOTE:
DUNS:
EMAIL:
A site visit is recommended. See C-4.
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
Forest-wide Installation of Water Meters
$TOTAL:
Umpqua National Forest Douglas and Lane Counties
B.1 Schedule of Items:
Facimile quotes may be sent to 541-225-6220.
OPTION ITEMS
A bid bond is not required for this solicitation. A payment bond (100%) or alternative payment protection is required within 10 days after contract award.
Email quotes are not acceptable at this time and will not be considered.
Quoters must respond completely to the Evaluation Criteria in Section M. Award will be made on the Best Value to the Government basis.
All questions concerning this solicitation shall be submitted in writing to the Contract Specialist, Sheila Finney, at sfinney@fs.fed.us, the Procurement Technician, Roxana Monjaras at roxanamonjaras@fs.fed.us, by fax at 541-225-6220 or by mail to the address in block 5a. The last date to submit questions is May 19, 2014. The answers to the final questions will be posted to FBO for all contractors to view on or around May 21, 2014 . No answers to questions concerning this solicitation provided via telephone calls or email shall be considered binding. All official answers will be posted to FBO.
Note: prospective awardees MUST be registered, and active, in the System for Award Management (SAM) database to be awarded a Federal Government Contract. If you are not registered, please register at the following site:
https://www.sam.gov/portal/public/SAM/
The estimated start work date is July, 1, 2014 . Contract time is 150 calendar days.
Quotes shall be submitted for the total item. Quotes for less than the total item will not be considered. If Quoter does not intend to charge for an item, a price of "0" or "NO COST" should be shown. If the price is left blank or shown as "No Bid," the entire quote may be considered Non- Responsive.
AG-04R4-S-14-0008 Umpqua National Forest Forest-wide Water Meter Installation https://www.sam.gov/portal/public/SAM/
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 DESCRIPTION OF WORK
The base items for this project consist of supply and installation of water meters, meter boxes, angle meter stops, all fittings, components, and appurtenances as shown in the Drawings for a complete installation in 15 locations at three administrative site locations: Tiller Ranger District - Tiller, Diamond Lake Ranger District – Idleyld Park, and Dorena Genetic Resource Center – Cottage Grove to assist staff in locating water leaks and monitoring water usage. The scope of this Work shall include potholing, backfill and surface restoration for each meter installation.
The Contractor is required to allow for 30 total utility pothole locates to identify the most feasible locations to install meters. The Contractor shall pothole as necessary to determine the exact pipe locations and elevations prior to meter installation. Where pipe is buried greater than three and one half (3.5) feet deep and five (5) feet wide, an alternative location will be identified.
The option items for this project add additional meter installations at each administrative site and additional pothole locates.
(End of Clause)
C-2 PROJECT LOCATIONS
This project is located at three administrative sites:
Tiller Ranger District Compound: 27812 Tiller Trail Highway Tiller, OR 97484 in Douglas County. From Roseburg, Oregon proceed south on Interstate 5 for approximately 26 miles to Canyonville, Oregon. Tiller Ranger District is located 23 miles east of Canyonville on County Highway I.
Diamond Lake Ranger District, Toketee Compound: Diamond Lake Ranger District, Toketee Ranger Station Compound, 2020 Toketee Ranger Station Road, Idleyld Park, OR 97447. The Diamond Lake Ranger District compound is in Douglas County approximately 61 miles east of Roseburg, Oregon. Toketee Ranger Station is accessed from Roseburg (I-5) via State Highway 138 and Forest Service Road 4776.
Dorena Genetic Resource Cente Compound: 34963 Shoreview Road Cottage Grove, OR 97424.
From Roseburg, Oregon proceed north on Interstate 5 for approximately 50 miles to Cottage Grove, Oregon. Dorena Genetic Resource Center is located 5 miles east of Cottage Grove on Shoreview Road.
(End of Clause)
C-3 PRICE RANGE
The Government’s estimated price is between $25,000 and $100,000. No quotes exceeding $100,000 will be considered.
(End of Clause)
C-4 SITE VISIT AND INVESTIGATION
Contractor shall visit the project site to investigate the information shown on any Government Furnished design drawings, record (as built) drawings and other planning documents, which are part of this contract. This information is the best available but the Government does not
AG-04R4-S-14-0008 Umpqua National Forest Forest-wide Water Meter Installation guarantee its accuracy or completeness. Contractor investigation of field conditions shall be performed in a competent professional manner.
(End of Clause)
C-5 FURNISHING OF MATERIAL
Unless otherwise stated in the specifications, Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications. Contractor shall verify the kind and amount of work that may be necessary in furnishing the material. Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.
(End of Clause)
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.
(End of Clause)
AG-04R4-S-14-0008 Umpqua National Forest
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/; www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-1 Contractor Inspection Requirements (APR 1984)
(End of Clause)
E-2 INSPECTION AND TESTING PERFORMED BY GOVERNMENT
The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the contractor by the Forest Service specifications or by the supplemental specifications.
(End of Clause)
E-3 CONFORMITY WITH PLANS AND SPECIFICATIONS
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.
https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html
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): https://www.acquisition.gov/far/; www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
(End of Clause)
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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 days after the date the contractor receives 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 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.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 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.
(End of Clause)
G.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 21 days after the date of contract award. The conference will be held at the Headquarters of the Umpqua National Forest, 2900 Northwest Stewart Parkway, Roseburg, OR 97471 or another location mutually agreed upon.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 FAR 52.236-4 PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) Waterline as-built Drawings for each Administration Site in the Contract.
(End of Clause)
H-2 UTILITIES
(a) Sewer: Not available.
(b) Water: Available in reasonable quantities.
(c) Electrical: Available in reasonable quantities.
(End of Clause)
H-3 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.
x Confined space entry Temporary excavation/deep trenching/slope stability Falling tree limbs x Fall hazard from work heights exceeding six feet Blasting Traffic control on limited visibility roads Heavy equipment operation x Suspended loads Tree climbing and/or tower climbing Fire hazards Hazardous materials handling x Electrical hazard Hydraulic and/or pneumatic and/or high pressure hazards Steep slopes and/or downed logs Insects, wild animals
H-4 PRODUCT SAMPLES AND/OR SUBMITTALS
Submit all plans, samples, schedules, certifications and product data/ literature as required by the contract to the COR. Submittals shall include the following unless otherwise required in the specification:
1. Date and revision dates.
2. Project name and contract number.
3. Names of contractor, subcontractor, supplier and manufacturer.
4. Specifications section number.
5. Field dimensions and relation to adjacent structures.
6. Applicable standards such as astm or federal specifications.
7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification
Product data and literature may include manufacturer's catalog sheets, brochures, diagrams, schedules, performance chart, illustrations and other standard descriptive data. All submitted product data and literature shall:
1. Clearly mark each copy and identify pertinent materials, products or models.
2. Show dimensions and clearances required.
3. Show performance characteristics and capacities.
4. Show wiring diagrams and controls.
Submit all required product literature and data to the COR for the review and approval. Submit samples of size and quantity specified, or, if not specified, of sufficient size and quantity to illustrate functional and aesthetic characteristics of product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. Submit samples of finishes from full range of manufacturers' standard colors, or in specified custom colors, textures, and patterns, for government’s selection. Take into account delivery time of all manufactured items when submitting samples.
Contractor's responsibility for deviations in submittals from the requirements in the contract documents are not relieved by the government’s review of submittals. Begin no work, which requires approval or acceptance of submittals by the government, until the return of the submittals with COR’S stamp and initials or signature indicating review approval or acceptance.
(End of Clause)
H-5 PRODUCT SUBSTITUTION, SHOP DRAWINGS AND MATERIAL
CERTIFICATION
(a) Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made.
No approvals will be made prior to award.
(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere:
Title Referenced by Contract clause or Specification No.
Time of Government
Approval After
Submittal Hazardous Conditions Safety Plan, where applicable
Accident Prevention clause
[FAR 52.236-13] N/A
Proposed Progress Schedule Schedules For Construction Contracts
[FAR 52.236-15]
N/A
Designation of Representative R6-FS- 6300-6
Superintendence By The Contractor
[FAR 52.236-6]
N/A
SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]
Subcontracts (Labor Standards)
[FAR 52.236-11]
N/A
Payroll Record WH347 Certified Payrolls submitted weekly
Payrolls And Basic Records
[FAR 52.222-8] N/A
Shop Drawings As required by Specifications 14 days Product and Material Certifications and Literature
As required by Specifications 7 days
Government has 7 calendar days to review packet of submittals unless noted elsewhere such as in the specifications.
(End of Clause)
H-6 LOCAL DISPOSAL SITES
Debris encountered in the contract and other waste materials generated in the work (cartons, scrap, etc.) shall be removed and disposed of off of National Forest Service Land, and as required in the specifications.
(End of Clause)
H-7 PROJECT SITE MAINTENANCE AND CLEANUP
Throughout the construction period, Contractor shall maintain the construction site in a neat, clean and orderly manner. Retain all stored items in an orderly arrangement allowing maximum access, not impeding drainage or traffic, and providing the required protection of materials. Do not allow the accumulation of scrap, debris, waste material, and other items not required for construction of this work. Provide adequate storage for all items, awaiting removal from the job site, observing all requirements for fire prevention and protection of the environment.
(End of Clause)
AG-04R4-S-14-0008 Umpqua National Forest
H-8 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS AND OTHER DEVICES
Contractor shall provide, erect and maintain all necessary barricades, construction area fencing, suitable and sufficient lights, danger signals, signs, flaggers, and other traffic devices, and shall take all necessary precautions for the protection of the work and safety of the public, and government employees working or residing in the project area. Barricades and other obstructions shall be illuminated during the hours of darkness, unless otherwise approved by the COR. Suitable warning signs shall be provided to properly control and direct foot and vehicular traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).
Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of walkways, roads, parking areas or trails by foot or vehicular traffic, and at all intermediate points, where the new work crosses or coincides with an existing transportation and parking areas.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/; www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (JUL 2013) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction
Contracts (SEPT 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction
Contracts (MAY 2008)
AG-04R4-S-14-0008 Umpqua National Forest Forest-wide Water Meter Installation
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
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) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL
2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2013) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)
(APR 1984)
52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)
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)
(End of Clause)
I.2 FAR 52.215-8 ORDER OF PRECEDENCE UNIFORM CONTRACT FORMAT
(OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications)
(b) Representations and other instructions
(c) Contract clauses
(d) Other Documents, exhibits, and attachments
(e) The Specifications
(End of clause)
I.3 FAR 52.217-7 OPTION FOR INCREASED QUANTITY SEPARATELY PRICED
LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract award.
Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of Clause)
I.4 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.
AG-04R4-S-14-0008 Umpqua National Forest Forest-wide Water Meter Installation https://www.acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508 http://uscode.house.gov/
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;
or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
________________________________________________ [Contracting Officer to list applicable excepted materials or indicate “none”]
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(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting 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.
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(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:
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-5 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)
(a) The Contractor shall submit one of the following payment protections
(i) A payment bond.
(ii) An irrevocable letter of credit (ILC).
(iii) A certified or cashier’s check.
(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.
(End of clause)
I-6 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES
(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)” after the name of the regulation.
(End of clause)
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I-7 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR
TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012)
(ALTERNATE 1) (FEB 2012)
(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted regarding corporate felony convictions and corporate federal tax delinquencies.
Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
(End of clause)
I-8 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.
(End of Clause)
I-9 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-10 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-11 RETURN OF PERFORMANCE AND PAYMENT BONDS
Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract.
Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
Title Pages
1. Specification 312333 Potholing, Excavation, and Backfill 4
2. Specification 331233 Water Meters and Boxes 2
3. Specification 332200 Valves 2
4. Project Drawings 5 Sheet No Description 1 Typical Water Meter Installation Assembly 2 Toketee Water Lines 3 Tiller Water Lines 1 OF 2 4 Tiller Water Lines 2 OF 2 5 Dorena Water Lines
5. DOL Wage Decision No. 8
6. Fire Protection and Suppression (R6-FS-6300-52) 6
SECTION 31 23 33
POTHOLING, EXCAVATION AND BACKFILL FOR UTILITIES
1. PART 1 - GENERAL
1.01 SUMMARY
A. This section specifies potholing, excavation and backfill for utilities, including excavation; furnishing, hauling and placing of backfill material; disposal of excess or unsuitable backfill material; and grading.
B. Disposal of excess or unsuitable backfill material is the responsibility of the Contractor and shall be removed from Forest Service Lands.
C. Class of Material.
1. Material to be excavated for installation of utilities is unclassified.
1.02 SUBMITTALS
A. Excavation.
1. Notify COR when excavation is completed. Do install meters or related appurtenances until the excavation is approved by the COR.
B. The Contractor shall provide the following submittals:
1. Certification, test results, source and samples for all imported material.
1.03 PROJECT CONDITIONS
A. The materials investigation data shown on the Drawings is from Government conducted investigations, and is provided as information only.
B. Contractor shall be responsible for locating all waterlines by potholing. The contractor shall be required to pothole all utilities by hand digging or core drilling and vacuum methods.
C. Any existing utility cut or damaged during the trenching operation shall be called to the attention of the COR. Remedial measures required because of Contractor’s negligence shall be at the Contractor’s expense. All exposed utility mains and lateral lines shall be backfilled in accordance with these specifications.
2. PART 2 - PRODUCTS
2.01 MATERIALS
A. Backfill Materials.
1. Backfill material shall contain no frozen or organic material.
a. Asphalt Surfaces.
1) Oregon Department of Transportation (ODOT), Hot Asphaltic
Concrete Class "C"; or Washington Department of Transportation (WSDOT), Class "B" or "F.”
2. Bedding Material.
a. Fine soil or sand, 100 percent passing the #4 sieve; or crushed rock less than 1/2 inch.
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3. Select Material.
a. Fine soil or sand, 100 percent passing the #4 sieve.
4. Select Excavated Material.
a. Excavated material containing no rocks larger than 6 inches in largest dimension.
5. Topsoil.
a. Soil or loam containing no rock larger than 2 inches.
b. Loose, nonplastic soil free of roots, weeds, subsoil admixture, excessive organic matter, clods, stones, gravel or other material detrimental to plant growth. Maximum particle size 1/2 inch.
3. PART 3 - EXECUTION
3.01 CONSTRUCTION
A. Excavation.
1. Operations shall be in compliance with the requirements and restrictions of
OSHA, and the Oregon or Washington Occupational Safety and Health Code.
2. Potholing shall not exceed 3.5 feet deep and 5 feet wide. Notify COR if potholing occurs out of this scope.
B. Overexcavation.
1. Restore to grade any overexcavation by backfilling with select material.
C. Salvage of Topsoil.
1. Suitable topsoil not containing well-bound pieces of sod may be conserved for use as topsoil backfill material.
D. Wet Excavation.
1. If water is encountered during trench excavation, provide adequate pumping equipment and piping to keep trench free from water and dispose of the water without damage to adjacent property. Separate payment will not be made for pumping of water from trenches or for excavation of material rendered unsuitable as a result of water encountered.
E. Unsuitable Material.
1. Where unsuitable material is encountered in the trench bottom, as determined by the COR, excavate the trench below grade to the depth specified by the
COR.
F. Backsloping, Sheeting and Shoring.
1. Backsloping of trench walls will be allowed only upon prior written approval of the COR.
2. Remove all shoring and sheeting when construction is completed. Withdraw to prevent trench wall caving while backfilling.
G. Excavated Material.
1. Pile excavated material at the side of the trench where it will give the best protection for the work. Leave adequate space between the toe of the spoil pile and edge of trench to prevent material from falling into the trench.
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H. Backfill.
1. Do not place backfill until installation of meter has been approved by the COR.
2. Before compacting backfill other than sand, prepare material to a water content that will permit proper compaction by either aerating the material if it is too wet, or spraying the material with water if it is too dry. Thoroughly mix each lift before compaction to assure uniform distribution of water content. Do not compact material above pipe until there are 6 inches of cover over the pipe or cable.
3. Compact each lift (with the required number of passes of a mechanical vibrating tamper over the entire layer) (to the required density).
a. Select Material.
1) Place in lifts 6 inch or less and compact to a density of not less than 95 percent of the maximum density determined by AASHTO T99.
b. Select Material.
1) Place in 6 inches lifts or less and compact with a minimum of 3 passes over the entire lift surface.
c. Bedding Material.
1) Place in lifts 4 inches or less in thickness and compact with a minimum of 3 passes over the entire lift surface. Compact around pipe barrel and bells by hand tamping.
d. The number of tamper passes required may be reduced upon acceptance by the COR, if approved test method results demonstrate that the backfill compaction meets or exceeds the density of the natural ground adjacent to the trench. Any such testing shall be performed at the Contractor's expense.
4. Water compaction shall not be used.
3.02 REPAIR/RESTORATION
A. It is the responsibility of the Contractor to locate ALL utilities prior to excavation activities. Notify COR if a utility cannot be located by conventional means and/or by coordination with local utility providers.
B. Damage to existing underground utilities.
1. Stop all work associated with damage to existing utilities, and notify the COR.
Repair utility as directed by the COR.
C. Surface Restoration.
1. Restore all surfaces in kind.
2. Final Finish.
a. After the utility installation and backfill has been completed, finish all disturbed areas, except trench area required to be mounded, to a smooth, uniform grade and texture, well blended to the original contours, showing minimum evidence of construction activity.
D. Seeding.
1. Seed and fertilize all excavated and disturbed areas after restoration and scarifying.
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2. Disturbed areas may be seeded or sodded at the Contractor's option. A Government approved commercial sod may be substituted for replacement sod.
E. Sod Replacement.
1. Within 24 hours after completion of final grading, replace sod in areas where it was removed for construction. Lower grade to allow compacted sod to match existing undisturbed grade. Place a 2 inch layer of compacted topsoil between the top backfill lift and sod. Compact sod in place with a 200 to 250 pound hand roller.
3.03 CLEANING
A. Disposal of Excess of Excavation and Unsuitable Material.
1. Remove excess and unsuitable material from the site for disposal off National
Forest Land.
3.04 SCHEDULES
A. Backfill and restore surface materials of utility line trenches located in existing roadways, parking areas, driveways, and lawns within 7 days after approval to place backfill by COR.
4. PART 4 - MEASUREMENT AND PAYMENT
4.01 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Potholing, Excavation and Backfill for Utilities measurement is considered part of the Lump Sum for installation of meters as scheduled.
END OF SECTION
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SECTION 33 12 33
WATER METERS AND BOXES
1. PART 1 - GENERAL
1.01 SUMMARY
A. This section specifies furnishing and…
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