rfq_0005_amend_0005_Gibraltar.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-13-0005

April 15, 633407

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: 60 Days

765 South Main Estimated start date: July 2013

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: Carmen Nielsen 509 775.7761 a. NAME OF CONSIGNEE

8. TO: Republic Ranger District

a. NAME b. COMPANY b. STREET ADDRESS

650 East Delaware Avenue

c. STREET ADDRESS c. CITY

Republic

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

Washington 99153

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

July 10, 2013 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)

Gibraltar Trail Construction, Republic Ranger District, Colville National Forest

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

Insert your prices on pages 2 through 4.

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 4 and 38 through 49 (along with answers to questionnaire) when submitting your quotes. Return to the address shown in block 5a. On your enclosed sealed envelope, please write RFQ AG-05G1-S-13-0005 due July 10, 2013.

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

Gibraltar Trail Construction

Republic Ranger District

Colville National Forest

Ferry 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.

PAY ITEM

NO.

DESCRIPTION METHOD

OF

MEASURE

PAY

UNIT

EST.

QUANTITY

UNIT PRICE TOTAL

PRICE

BASE ITEMS

912(BCD)*

911(BCD)

914(BCD)

926(BCD)

914(BCD)

951(BCD)

Excavation and

Embankment

Clearing and

Grubbing

Turnpike

Armored Water

Crossing

Switchback

Mobilization

DQ

AQ

LSQ

Mile

LF

Each

All

5.210

5.210

Total Quote for

Base Items

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OPTION ITEMS**

PAY

ITEM NO.

DESCRIPTION

METHOD

OF

MEASURE

PAY

UNIT

EST.

QUANTITY

UNIT PRICE

TOTAL

PRICE

OPTION ITEMS**

912(AE)

911(AE)

914(AE)

925(AE)

926(AE)

941(AE)

912(F)

911(F)

925(F)

926(F)

951(AEF)

Turnpike

Drainage Ditch

Aggregate

Surfacing

Drainage Ditch

Mobilization

Subtotal of

Option Items

Grand Total of

All Items

LSQ

All

2.249

2.249

0.938

0.938

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* Item designations: the letters in parenthesis indicates the trial sections that the item applies to.

**Reference FAR 52.217-7, Option for Increase Quantity. The Government may award total or only a portion of the option items based on available funding.

Designated Method of Measurement:

DQ – Designated Quantities. See Section 906.04(a)

AQ – Actual Quantities. See Section 906.04(c)

LSQ - Lump Sum Quantities. See Section 906.04(e)

Price Range

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

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 at 100% of the total project price. Reference Section I.

Notes: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed – Price

Construction Contracts shall not be in addition to the contract price. Include bond payments under 951

Mobilization.

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 by September 1, 2014. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Central Contractor Registration (CCR) and Online Representatives and Certification Applications

(ORCA).

No award will be made to a Contractor not registered in the Central Contractor Registration (CCR) and the

Online Representations and Certification Application (ORCA) databases. Reference https://www.acquisition.gov.

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SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Description of Work or Scope of Contract

This project consists of the construction of a total of approximately 8.40 miles of trail with 5.21 miles advertised as base items and 3.19 miles advertised as option items. Construction of trail features include, but are not limited to turnpikes, armored water crossings and drainage ditches. Native materials found along or adjacent to the trail are available for use for all trail construction. If there is no material available onsite for the construction of the armored water crossings, material will be available at Nine Mile Pit as shown on site map. The goal of the project is to have a free-draining, self-maintaining trail.

All work shall be completed by October 31, 2014. All work shall be in conformance with the trail rehabilitation log, the drawings, and the USDA Forest Service – Region 6 U.S. Customary Specification for Construction and

Maintenance of Trails, Pacific Northwest Region - July 2005. The Contractor shall provide all tools, equipment, material, supplies labor, supervision, workman’s compensation, unemployment insurance, facilities, transportation and incidentals to perform all work necessary to accomplish the trail construction project.

Project Location

The project is locatedont the Republic Ranger District and approximately 10 miles SE of Republic, Washington accessible Forest Service road 2053000 from Highway 20. 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.

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.

Project Drawings

The attached listed drawings (12 pages) are part of this solicitation and any resultant contract.

Sheet Description

1 Title, Drawing Index, and Vicinity Map

2 Site Map

3 Trial Log – Base Items

4 Trail Log – Option Items

5 Illustration of Trail Structure Terms

6 Clearing Limits

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7 Typical Trail Cross Section

8 Trailbed Slope and Finish

9 Rolling Dip

10 Armored Water Crossing

11 Insloped Climbing Turn

12 Turnpike

13 Switchback

14 Rock Spillway

BioBased Products

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation

Management,” and the Federal Acquisition Regulation to provide biobased products.

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

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

Graffiti and grease removers Insulating foam

Concrete and asphalt release fluids Fluid-filled transformers

Wood and concrete sealers Composite panels

Adhesive and mastic removers Carpets

Roof coatings Hydraulic fluid

Water tank coatings

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

The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular carpet).

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred

Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and the total cost for each individual product. This information will be used for reporting purposes.

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

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products

Under Service and Construction Contracts.

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

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract.

The data will be submitted to the Contracting Officer quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

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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)

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 ten 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 October 31, 2014. The time stated for completion shall include final cleanup of the premises.

Suspension for Other than Government 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 become 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 his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall no 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.

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

Payment Bond Section I 10 Days after Contract Award

Schedule of Work Section I Prior to Work Starting

Job Specific Safety Plan Section H Prior to Work Starting

Notification of Subcontracting Section G Prior to Subcontractor Starting Work

Fire Plan Section J Prior to Work Starting

Camping Permit Section J Prior to Work Starting

Release of Claims Form Section I Prior to Final Payment

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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, 765 South Main, Colville, Washington 99114.

Note: Post Award Conference

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

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

Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No. Property Description Qty Location Date Available or

Delivery Date

1 Rock for Armored Water Crossings NA Nine Mile Pit Anytime

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.

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

The duties and responsibilities of the Contracting Officer’s 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.

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.

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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 Representative

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) 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 deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

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.

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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.

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.

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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.

B. Weather conditions: Typical NE Washington State, subject to seasonal limitation from November through

April.

C. Elevation: Ranges from approximately 3,200 feet to 4,200 feet.

D. Other Physical Data: The trail Construction Log is included for presenting a listing of approximate quantities and locations of the various items of work in the project. Location of work items as flagged may vary slightly from the log listing. Project log is attached in Section J.

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. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting

Officer.

C. 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.

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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.

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.

Job Specific Safety Plan

Prior to the prework meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: blasting, heavy equipment operation, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The 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.

[X] 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.

[X] Fire hazards.

[] Hazard materials handling.

[] 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.

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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.

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.

Use of Premises

A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the

Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his

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D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

Washing of Equipment

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land.

Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

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.

Prosecution of Work

A. A vault toilet is available for use at Gibraltar

Hazardous Materials

Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR

1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

If Contractor maintains storage facilities for oil or oil products in the contract area, Contractor shall take appropriate preventive measures to insure that any releases of such oil or oil products does not enter any stream or other waters, or ground of the United States, or any of the individual States and shall conform to Federal, State, and Local regulations.

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 and implement a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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Contractor shall immediately take action to notify appropriate agencies including Contracting Officer, or designated representative, contain, and cleanup without expense to the Government, all petroleum products or other hazardous substance (as defined in 29 CFR 1910.120) releases on/or in the vicinity of the project of construction operations. Contractor shall be held liable for all damages and costs of additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and cleanup of petroleum products releases caused by Contractor’s employees or resulting from construction operations.

All petroleum products or other hazardous substances shall not be released on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by Contracting Officer or designated representative. Contractor shall properly dispose of vehicle oil filters (drained of free-flowing oil), oily rags, and waste oil in accordance with Local, State, and Federal regulations off of Government property and shall transport such material in accordance with State and Federal regulations.

Disposal of Material

Designated disposal sites for this project are as follows:

A. 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.

Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest

Service roads in the construction area.

Additional Requirements or Restrictions

A. The Contracting Officer shall approve all motorized equipment used for trail construction.

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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 (DEC 2012)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2013) (Applicable if over $25,000 unless award is made to an individual)

52.204-13 Central Contractor Registration Maintenance (DEC 2012)

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)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

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 (NOV 2011)

52.219-14 Limitation on Subcontracting (NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012)

52.222-3 Convict Labor (JUN 2003)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (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 http://www.usda.gov/procurement/policy/agar.html

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52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (JUL 2012)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(JUL 2012) (In Blank insert Contracting Officer)

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

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000)

52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000)

52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-23 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)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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)

Alternate I (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)

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 (APR 2012)

52.245-9 Use and Charges (APR 2012)

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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)

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)

452.236-77 Emergency Response (NOV 1996)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants (Feb 2012) Alternate I (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-

74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

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

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the

United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

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

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 -

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(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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation…