telecommunications 0021.pdf

REQUEST FOR QUOTATION (4/98) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE PAGE OF PAGES

(THIS IS NOT AN ORDER) * 1

1. REQUEST NO. 2. DATE

ISSUED

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

RFQ

AG-05G1-S-11-0021

Aug 17, 540830

UNDER BDSA REG. 2 ---->

AND/OR DMS REG. 1

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

USDA, Forest Service Reference Specifications

Colville National Forest Contract Time: See Specifications

765 South Main Estimated start date: October 2011

Colville, Washington 99114 5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY

NAME TELEPHONE NUMBER FOB DESTINATION X OTHER

(See Schedule)

AREA CODE NUMBER

Cathy E. Van Alyne, Contracting Officer

509 684.7114 9. DESTINATION

Colville National Forest

Gen Info: Jennifer Knutson 509 684-7254 a. NAME OF CONSIGNEE

8. TO: Newport Ranger District

a. NAME b. COMPANY b. STREET ADDRESS

315 North Warren

c. STREET ADDRESS c. CITY

Newport

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

Washington 99141

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

September 7, 2011 Close of Business

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 Quotation must be completed by the quoter.

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

Wiring and Telecommunication, Newport Ranger District, Colville National Forest

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Insert your prices on page 2.

BASIS OF AWARD: One or more contracts will be awarded, by item, to the Offeror(s) providing the best over-all value to the Government. Past performance, experience, capacity and technical ability to meet the requirements, price and other factors will be considered in evaluation for award.

Return the pages 1 through 3 and 26 through 35 when submitting your quotes. Return to the address shown in block 5a. On your sealed envelope, please write RFQ AG-05G1-S-11-0021 due September 7 2011.

Faxes will be accepted (with hard copy to follow) until close of business on the due date of this solicitation. Fax number is 509.684.7280. It is the quoters responsibility to verify fax has been received.

DUNS Number ________________________________________[See Representation, Certifications and Provisions (FAR 52.204-6)

Procurement will be accomplished under Simplified Procurement procedures. All responsible and qualified sources may submit a quotation. Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an order has been issued.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

NUMBER PERCENTAGE

XXXXXXXXX

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF OFFEROR 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME SIGN OFFER OFFER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY ( )

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) FAX

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95)

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Wiring and Telecommunication

Newport Ranger District

Colville National Forest

Pend Orielle County, Washington

The quoter must quote on all items. Award will be on an all or none basis to quoter whose quote represents the best value to the Government, price and other factors considered (reference Section M). If quoter does not intend to charge for an item, an ―O‖ or ―No Cost‖ should be shown.

ITEM

NO.

DESCRIPTION METHOD

OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Demolition of CAT3 and Installation of

CAT6

Telecommunication

System for Building

#2212

LSQ

Job

OPTION ITEMS

01 Option Item

Installation of Fiber

Optic Line and Fiber

Optic Patch Panels between Bldg #2005 and #2212

LSQ Job 1 $______

02 Option Item

Demolition of CAT3 and Installation of CAT

6 Telecom System for

Buildings #2005

LSQ Job 1 $______

03 Option Item

Mobilization Costs of

Option Items 01 and 02 only if the Option Items

LSQ Job 2 $______

Wiring and Telecommunication RFQ AG-05G1-S-11-0021

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01 is complete.

Total Quote (All Items) $_____

**Designated Method of Measurement:

LSQ - Lump Sum Quantities. 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.

Price Range

The Government’s estimate is: between $25,000 and $100,000.

FAR 52.217-7 Options for Increased Quantity – Separately Price 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 August 15, 2012. Delivery of added items shall be at the rate provided by the Contractor’s price on the schedule of items.

**Option Item Note for Items

Quoters must submit a unit price for ALL Option Items to be considered responsive. The Government may exercise the options items up to August 15, 2012. For the Base Item the work shall be done prior to March 31, 2012. If the option items are exercised after that date, the Contractor shall have 45 calendar days from the

Notice to Proceed to complete those items. If the base item is complete, and then the Government exercises one of the option items which requires the Contractor to come back to the site, the mobilization option would also be exercised.

The Base Item shall include a price for mobilization.

Payment Security

If the project is quoted with a total price greater than $30,000, payment security is required in the form of a

Payment Bond or Letter of Credit at 100% of the total project price. Reference Section I.

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SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Description of Work or Scope of Contract

This project consists of but is not limited to removing existing telecom wall outlet, jacks, buildings CAT3 wiring and installing new wall outlets, jacks, building CAT6 wiring, patch panels, installing underground fiber option wiring and fiber optic patch panels.

Project Location

Project is located on the Newport Ranger District complex within the city limits of Newport, Washington. See attached maps for exact location.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

Applicable Specifications

The Special Project Specifications shown in the specification listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The

Special Project Specifications shown on the specification list are physically attached to this contract.

Special Project Specifications

Special Project Specifications applicable to this contract are attached.

Section 02 3180 Excavation and Backfill for Utilities

Section 26 0010 General Technical Provisions

Section 26 0050 Basic Materials and Methods

Section 26 0400 Underground Cable

Section 27 0000 Telecommunications Wiring Systems

Project Drawings

The attached listed drawings (5 pages) are part of this solicitation and any resultant contract.

Sheet 1 – Cover Sheet

Sheet 2 – Building #2212

Sheet 3 – Building #2005

Sheet 4 – Telecom Details

Sheet 5 – Telecom Details

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SECTION D--PACKAGING AND MARKING

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

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SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

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SECTION F--DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from date of award through October 31, 2012.

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 5 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 March 31, 2012 for the Base Item and 45 calendar days from the notice to proceed for the Option Items. The time stated for completion shall include final cleanup of the premises.

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

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek that will be approved is 40 hours.

Notice to Proceed

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

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Submittal Title Referenced By

Specification No.

Submittal Date

Schedule of Work Section F Prior to Work Starting

Job Safety Plan Section H With Quote and Updated as Necessary

Notification of Subcontracting Section G Prior to Subcontractor Starting Work

Release of Claims Form Section I Prior to Final Payment

Project Drawings Specifications As Required in Specifications

Any as Required by Specifications Specifications As Required in Specifications

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SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at Colville National Forest Supervisor’s office located in Colville, Washington or at the Newport Ranger District complex located in Newport, Washington.

Government-Furnished Property

There is no Government Furnished Property on this contract.

Supplemental Definitions

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the ―change‖ clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

F. Contracting Officer's Technical Representative (COTR) - The on-site contract administrator for the

Contracting Officer. The duties and responsibilities of the Contracting Officer’s Technical Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

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J. Inspector - The person(s) appointed in writing by the Contracting Officer’s Representative to conduct and document inspections according to contract specifications and provisions. The inspector’s authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance.

K. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

L. Materials - Any substances for use in the construction of the project and its appurtenances.

M. Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

N. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

O. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

P. Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Q. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard

Specifications.

R. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

S. Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

T. Utility Services - Are services such as electricity, gas, steam, water and sewage.

U. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

Designation of Contracting Officer's Technical Representative

A. The Contracting Officer will designate an individual as Contracting Officer's Technical Representative

(COTR) at time of award. The name will be designated on a letter or form.

B. The Contracting Officer’s Representative 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

Wiring and Telecommunication RFQ AG-05G1-S-11-0021

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C. 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 assignments which were issued by the

Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. 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 Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the

Contracting Officer’s Representative 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.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest

Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

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C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Public Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer 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.

Pre-Work Conference

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, etc.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

A. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by observations and measurements.

Landscape Preservation

A. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

B. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project

Area, Contractor shall take appropriate preventive measures to ensure 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 the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of

660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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 compliance with reasonable and customary manufacturing and construction tolerance.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

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1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting

Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the

Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

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Warning Signs and Restrictions

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

Safety

Prior to allowing any work to commence on the project, the Contractor shall submit a Safety Plan to the

Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work.

Safety Items

(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 work site.

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

[] Confined Entry Space.

[] Temporary excavation/deep trenching/slope stability.

[] Tree Felling.

[] 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.

[] Hazard materials handling.

[X] Electrical hazard.

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

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

[X] Power tool operation including eye protection.

[X] Overhead hazards.

FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

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3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters

Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-

2003.

8. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

Legal Relations and Responsibilities

A. Contractor's Responsibility for Utilities

In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

Product Substitution, Shop Drawings and Material Certification

A. Product Substitution. Any modification of other 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. All substitutions shall be requested by the

Contractor after award of the contract has been made. No approvals will be made prior to award.

B. Shop Drawings. See Special Project Specifications.

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C. Material Certification. See Special Project Specifications.

Prosecution of Work

A. The following special controls will affect the Contractor’s prosecution of work: The work will be done in while Government employees are working. The Contractor shall be consideration of the employees and not disturb them.

B. The Contractor may encounter other contractors performing work on projects in the area.

C. Utilities made available by the Government for use by the Contractor are: power, restroom facilities and water.

Disposal of Material

Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction

(cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site off of National Forest

Service Land, unless other disposal means are authorized in the plans or specifications.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Installer for Specification 27 0000

(Telecommunication and Wiring). Also reference Specification 27 0000, Quality Assurance, paragraphs E and F.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-7 Central Contractor Registration (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010)

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)

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 1998)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-14 Limitation on Subcontracting (DEC 1996)

52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

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 (JUNE 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) http://www.usda.gov/procurement/policy/agar.html

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52.223-3 Hazardous Material Identification and Hazardous Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

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)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010)

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 (SEP 2009) (Applicable if contract exceeds $30,000)

52.228-11 Pledges of Assets (SEPT 2009) (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)

52.232-23 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 (JULY 2002)--Alternate I (DEC 1991)

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)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

52.236-26 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 Government Property (AUG 2010)

52.246-21 Warranty of Construction (MAR 1994)

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)

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AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

(Applicable if contract exceeds $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)

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. Appr.

1702), such as agricultural products and petroleum products.

―Component‖ means any article, material, or supply incorporated directly into construction materials.

―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 end product (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; or

(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 material 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 or 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 (1)(i) Any Contractor request to use

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(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:

Foreign construction material _______ _______ _______

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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).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but <

$100,000)

(a) The Contractor shall submit one of the following payment protections: a payment bond, certified or cashier’s check or money order.

(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 15 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.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

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

USDA Forest Service.

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)

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(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

Payments for Incidental Items

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

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

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‖.