AG-05G1-S-16-0045.pdf
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- AG-05G1-S-16-0045
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CONSTRUCTION RFQ
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| J4-WD-WA160001-WA1-20160624.pdf | ||
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AG-05G1-S-16-0045
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
06/29/2016 798573
1 34
765 SOUTH MAIN STREET
COLVILLE WA 99114
COLVILLE NATIONAL FOREST
09/30/2016
COLVILLE NATIONAL FOREST
765 SOUTH MAIN STREET
COLVILLE
WA 99114
509 684-7134AARON KRETZER
07/14/2016 1300 PT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
COLVILLE NATIONAL FOREST
REPUBLIC RANGER DISTRICT
RANGELAND FENCE REPAIR AND REPLACEMENT
Vendor is required to be registered in www.sam.gov to be considered for award.
Registration is FREE.
Vendor DUNS Number:_________________________________.
Enter your prices for lines item 001, 002 and 003 below.
Provide a technical proposal in your response, you may use attachment J6-ExperienceQuestionnaire or another format of your choosing.
Email quotes will be accepted at akretzer@fs.fed.us.
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
AG-05G1-S-16-0045
Fax quoted will be accepted at 1-888-489-2655
Confirm submissions by email(akretzer@fs.fed.us) or phone call to Aaron Kretzer (509)684-7134.
001 Area 1: Identified on Project Map as "Fig. 1" 1850 FT
Approximate length of fence: 1,850 Feet
Delivery: 09/30/2016
002 Area 2: Identified on Project Map as "Fig. 2" 4100 FT
Approximate length of fence: 4,100 Feet
Delivery: 09/30/2016
003 Area 3: Identified on Project Map as "Fig. 3" 11650 FT
Approximate length of fence: 11,650 Feet
Delivery: 09/30/2016
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
COLVILLE NATIONAL FOREST
REPUBLIC RANGER DISTRICT
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 3 of 32
Contents
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENTS OF WORK
SECTION D--PACKAGING AND MARKING
SECTION E--INSPECTION AND ACCEPTANCE
SECTION F--DELIVERIES OR PERFORMANCE
SECTION G--CONTRACT ADMINISTRATION DATA
SECTION H--SPECIAL CONTRACT REQUIREMENTS
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
SECTION L— INSTRUCTION, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
SECTION M--EVALUATION FACTORS FOR AWARD
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 4 of 32
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENTS OF WORK
C.1 SCOPE OF CONTRACT
This project consists of replacing and repairing of approximately 3.32 miles (17,550 Feet) of 4-strand barbed wire fence and approximately 10 wire gates that were damaged by wildfire during the 2015summer season.
C.2 DESCRIPTION OF WORK
The fence shall be built to Forest Service specifications. All of the fencing material will be furnished by the Contractor. Existing steel posts which are still in sound condition, which includes the paint, may be reused. The fence areas are virtually all forested. Clearing of shrubs, trees, and snags will be necessary. The fence will be constructed with 16 ft. spacing between steel and wood posts with one stay placed between posts. If wood stays are used, they may be cut on site from existing trees. Contractor shall furnish all labor, materials, equipment, tools, transportation, fencing materials and incidental supplies necessary to perform all work described in accordance with drawings and specifications of the contract. Contractor will be paid for actual work performed.
C.2 PROJECT LOCATION
The work will be on livestock grazing allotments on the Republic Ranger District. The fencing contract includes three (3) work areas located in T39N R35E and T40N R35E, approximately 8 miles northeast of the town of Curlew, WA. and 9 miles Northwest of Orient, WA.
The best access into the area is from the Boulder Deer Cr. Rd (County Rd. 602), onto Forest Service road 6120 and associated spur roads and Forest Service road 9576 (Little Boulder Cr Rd.).
C.3 PRICE RANGE
Between $25,000 and $100,000.
C.4 Technical Specifications C.4.1 Construction Steps:
1. Clear the fence corridor of dead standing trees less than 8 inches in diameter and down wood.
Also fall trees within the corridor which are leaning toward the fence location and clear the material from the fence corridor Trees with wire in them can be high stumped.
2. Remove fire damaged wire and posts.
3. Set the brace corner posts, gateposts and line H braces.
4. Set line posts on a straight line between installed corners and line braces.
5. Stretch wire tightly and uniformly by sections between brace installations.
6. Fence traversing along a roadway shall be constructed outside the roadbed and ditch.
7. Off-Road Vehicles may be used to transport posts and supplies along the project area.
C.4.2 Clearing:
1. The fence line corridor shall be cleared to an approximate width of 12 feet, measuring 6 feet on each side of fence centerline, and 8 feet above ground. All material greater than 24 inches in height is to be removed, except any live tree 6’’or greater at DBH (diameter at 4.5 feet above the ground) will stay.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 5 of 32
2. All dead standing trees which are within 6 feet of the fence centerline (fence line corridor) and leaning toward the fence shall be removed before the fence is built.
3. All dead down trees that are within the fence line corridor shall be removed.
4. Fall all green trees less than 8 inches DBH within the fence line corridor that are leaning toward the fence.
5. Slash created by clearing the fence line will be scattered outside of the fence line corridor, and not left in any ditch or roadway.
6. Stumps shall be cut flat and be within 6”of the ground within the 12 foot clearing corridors.
7. Small conifer seedlings and saplings must be cut below the lowest live limb (the cut may be less than 6 inches from ground).
C.4.3 Spacing:
1. Line braces shall be constructed every ¼ mile, at terrain breaks, and as needed (Exhibit 1).
2. Braces shall be used at breaks in topography, at all fence ends and on both sides of all gates, where practical, or at least every 1300 feet. Corner braces shall be used at all corners (Exhibit 1).
3. Corner jacks, rock cribs, figure fours, braces and any other fence structure shall be put in as necessary (Exhibit 7) (Exhibit 8) (Exhibit 9) and (Exhibit 13).
4. Stays will be placed at approximately 8-foot intervals, or midway between posts, or jacks, whichever is the shorter distance (Exhibit 12).
5. Posts will be placed 16 feet apart with every 5th post being a wood post, if a post cannot be set into the ground due to rock, a figure 4 or a rock crib maybe used in place of a post.
6. Post spacing may be adjusted for individual posts to avoid rocks, stumps, but shall not exceed 14 feet average between posts without stays and 16 feet average between posts with stays.
7. All jacks and stays shall be placed on the same side of the fence, except when needed on the opposite side to cause wire to pull against the jack or post rather than away from it.
C.4.4 Additional Requirements:
1. Wood fence posts shall be placed in the fence with the larger end down.
2. Wire tie-downs are required. Rock hangers, rock deadmans, or steel post deadmans will be used for tie-downs at all spots where there is enough upward wire tension to pull steel posts or wooden brace posts out of ground (giving consideration for the most saturated soil conditions).
Rock hangers shall be constructed of barbed wire and placed around the rock in two directions to form a cradle. Tie downs shall not be substituted for other structures.
3. Steel -post deadman shall be driven deep enough to ensure wire tension cannot pull the deadman post up (considering the most saturated soil conditions).
C.4.5 Use of trees in fence line:
1. The fence shall be kept as straight as possible along the flagged line. Deviation shall be allowed to make ties to trees.
2. When sound live trees are within 2 feet along either side of the stretch line they can be substituted for braces or rock jacks. Sound live trees must be at least 10 inches DBH if they are to be used as corner jacks. They shall not be over mature trees which may be harvested or die within a few years. Trees selected must be located so that the wire shall pull against the tree or brush against the tree (scabs included). In all cases, wire shall be separated from tree bark by scabs. The types, in the order of preference, are western larch, Douglas-fir and lodge pole pine, all being acceptable.
3. When a sound live tree is used, a wood scab not less than 3 inches wide, 1.5 inches thick, and 4 feet long shall be spiked to the tree with at least 3 spikes. If used as a corner jack, sufficient scabs
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 6 of 32 shall be placed to prevent the wire from touching the bark of the tree (Exhibit 4). Where the fence anchors to trees, two wraps of the wire are required.
C.4.6 Post Holes and setting:
1. Burned inline corner trees where the fence line is at 90 degrees angle will be replaced with a wood corner brace. Burned inline corner trees or posts at greater than 90 degrees will be replaced with a rock jack, rock crib, a figure 4 or a double H brace.
2. Posts (metal and treated wood) shall be set as nearly vertical as possible with the straight side of the posts in line on the wire side, if posts are set more than 16 feet apart, they shall have to be reset. Error on the side of less than 16 foot spacing.
3. Back fill shall consist of loose dry soil or rock wherever possible and must be well tamped around each post to secure the post and make it firm.
4. Steel posts must be driven until the tops of the anchor plates are well embedded beneath the ground (Exhibit 12). If needed, the contractor may drill a hole in the rock and then drive the steel post into the rock. All steel posts shall be spaced an average 16 feet apart. Post spacing may be adjusted for individual posts to avoid rocks or stumps. Posts shall be set as near vertical as possible with the fasteners side in line on the wire side. The fence shall remain as straight as possible.
5. Corner, gate, angle and brace postholes shall be at least 30 inches deep (Exhibit 1) (Exhibit 6) (Exhibit 12).
C.4.7 Wire:
1. Four wire fence, total height 42 inches on average from ground (Exhibit 12).
2. Bottom wire (barbless) – 18-inch average above ground line.
3. Second wire (barbed) – 6-inch average above bottom wire.
4. Third wire (barbed) – 6-inch average above second wire.
5. Fourth wire (barbless) – 12-inch average above third wire.
6. Wire shall be placed on the side of the posts where cattle are. The contractor shall consult with the COTR and Inspector for wire placement.
7. All wires shall be tightened with wire stretchers prior to placement of stays. Wire shall have the slack removed but not all the stretch from the wire. Wire should not be over tight. Err on the side of slightly loose wire rather than too tight.
8. Staples shall be used in all wooden posts, wood stays, and scabs to hold wire. Staples shall be driven at a slant to prevent the wood from splitting. Staples shall be driven snug to the wire, but loose enough to allow the wire to slip through the staple when expanding and contracting. Galvanizing on the wire shall not be nicked or broken due to excessive driving of the staples. (Exhibit 5).
9. Line wires shall be cut and dead ended on all corner, angle, gate or H-brace posts, and the wire wrapped around the post twice, then secured by wrapping back on the stretched wire six times with a minimum of 1 foot of wire. The tie shall be made on the centerline of the post to prevent the turning and slackening of a face tie. The wire shall be stapled to the outside of the post. The top wire shall be stapled down to the dead-end brace bars. Wires shall not be twisted or kinked for any reason.
10. When splicing, wire ends shall be wrapped back around wire at least six times.
11. Standard steel post wire clips shall be used at all times. Wire clips shall not be twisted completely around the wire. Insure that the clips hold the wire securely to the post but can easily be removed to re-stretch wire with future maintenance.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 7 of 32
C.4.8 Barbed Wire Gate Installation:
1. Repair gate to the original width and specifications in (Exhibit 6).
2. To tighten wire gates, use 12 ½ gauge wire with 4 foot long, peeled pole or treated pole 2.5 to 3 inch diameter. Fasten with wire around anchoring structure and staple. This shall be done in such a manner as to bring the gate tight and level allowing the wire loop to be dropped over the end stay.
3. Leave wires on gates loose enough so that the gate can be closed easily.
C.4.9 Draws and Ridgeline Crossings:
When crossing dry draws, all fence strands shall be anchored to heavy rocks or other durable material with 12 ½ gauge barbless (smooth) wire. Rock hangers, in combination with long posts, shall be used in draws if a tree cannot be substituted. The bottom wire shall be a maximum average of 18 inches from the ground. If the distance is more than 18 inches, more hangers shall be included (Exhibit 2).
C.4.10 Stream Crossings At stream crossings, attach additional structure below the bottom wire using 12 ½ gauge barbed or smooth wire. Additional structure can consist of posts, stays, rock hangers, or poles to ensure livestock cannot go under the fence in the stream channel. Adapt the fence structure to fit each unique stream channel. (Exhibit 10).
C.4.11 Wood Materials that may be Used:
1. All material used for corner braces, gate braces, line H braces, and figure 4’s will be treated wood. Posts will be 4-6 in. x 7-8 ft. with preference for 6 in. diameter. Horizontal brace material will be a minimum of 4 in. diameter. Use wood treated to resist decay to build the fence structures. Fence line posts will be 3-4 inches in diameter x 6.5-7 feet long.
2. Acceptable wood materials for fence use other than braces are live standing with the exception of trees that have been identified as genetically superior trees (marked with aluminum bands) and metal tags. The species, in the order of preference, are western larch, Douglas-fir and lodge pole pine, all being acceptable.
3. Rock jack wood flooring shall be treated sound dry wood that will support the weight of the rocks. Green wood is not acceptable. Braces shall be of wood treated to resist decay.
4. Stays will be sound native material whenever possible and may be obtained on site or any other non-native material approved by Forest Officer.
C.4.12 Fence Placement in Relation to Roads
Fence will be constructed away from the edge of the back slope and fill slope of roads.
C.4.13 Fence Materials That May Be Used
1. Steel T posts, 133 gauge
2. Fence Clips, 11.5 gauge or stronger
3. Stays, wood (48")
4. Wire, 2 pt. 12.5 gauge, barbed
5. Wire, 12 gauge smooth
6. Staples, barbless, 2”
7. Spikes, 10"
8. Nails
9. Rails, 3" to 4" diameter, wooden, 12'
10. Posts, treated wood, 8' x 6”, pointed
11. Posts, treated wood, 7' x 5" to 6" diameter
12. Railroad ties
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 3 of 32
C.5 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS
(FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
C.6 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 Representative (COR).
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 Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases
Dust suppressant 2-cycle engine oil Absorbents
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
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 awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 4 of 32
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.
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: https://www.acquisition.gov/far AGAR: http://www.dm.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.arnet.gov/far/
52.242-14 Suspension of Work (APR 1984)
F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(APR 1984) Alternate I (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 30 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 September 30, 2016.
The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 29, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 5 of 32
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at the Republic Ranger District office located at 650 East Delaware Ave, Republic WA. 99166.
G.2 INVOICE SUBMISSION PROCEDURES
The "Submit Invoice-to" address for invoices on USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for work performed under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.
Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.
After award of a contract, please make sure your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account, there is no pre-award registration. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is current in the System for Award Management (SAM) account for your company (www.sam.gov). Recent update(s) to a SAM registration need time to process from a “Pending” to in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the POC identified in the SAM account. For assistance with questions on the IPP enrollment process, creating invoices, or uploading attachments to IPP please contact the IPP help desk phone number is 1-866-973-3131.
Invoices in IPP are the official request for payment. Supporting information is required for all construction progress payments and shall be attached to the IPP invoice.
The payment certification required in FAR 52.232-5 Payments under Fixed-Price Construction Contracts must be signed and submitted for each progress payment requested, A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.
Additionally, the government will verify the contractor’s compliance with the submission of certified payrolls for the invoiced timeframe as required in FAR Clause 52.222-8 Payrolls and Basic Records. The Contractor shall submit payrolls weekly for each week in which any contract work is performed by the prime or any subcontractors. The copies shall be sent to the COR.
Payrolls submitted shall set out accurately and completely all of the information required in the contract clause (form WH-347 is an optional form compliant with the requirement and is available for download at www.dol.gov). State or County government forms lack the specific certification requirement and are not acceptable without supplementation of the certification statement.
Invoices not complying with contract requirements will be rejected.
G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 6 of 32
The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 7 of 32
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(OCT 2015)
52.204-13 System for Award Management Maintenance (JULY 2013) 52.204-18 Commercial and Government Entity Code Maintenance (JULY 2015)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
(Applicable if contract exceeds $35,000) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Construction Wage Rates Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014)
52.222-13 Compliance with Construction Wage Rates Requirements and Related Regulations (MAY 2014)
52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
(MAY 2014)
52.222-21 Prohibition of Segregated Facilities (APR 2015) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (APR 2015) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) (Applicable if contract exceeds $10,000)
52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) (Applicable if contract exceeds $15,000)
52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 8 of 32
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
(AUG 2011)
52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $35,000) 52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $35,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $35,000) 52.228-14 Irrevocable Letter of Credit (NOV 2014)(Applicable if contract exceeds $35,000) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014)
52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management
(JULY 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 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)
Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)
Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984)
52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)
(APR 1984)
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 9 of 32
Alternate 1 (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV
1996) (Applicable if contract is over $35,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
I.2 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause—
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 10 of 32 plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
______None____.
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 11 of 32
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
Construction Material Description Unit of Measure Quantity Price (Dollars)*
Item 1:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
Item 2: _______ _______ _______
Foreign construction material _______ _______ _______
Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 12 of 32
I.3 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
A payment bond or an irrevocable letter of credit (ILC).
(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 14 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
I.4 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)
If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.
I.5 ORDER OF PRECEDENCE—CONSTRUCTION
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following orde
(1) The Schedule (excluding the specifications)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
I.6 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 13 of 32
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 14 of 32
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
Title Pages
1. Vicinity Map 1
2. Project Area Map 1
3. Project Drawings 11
Page No Description 1 Exhibit 1 Wire Fence Braces 1 2 Exhibit 2 Barbed wire fence for crossing streams & Draws 1 3 Exhibit 4 post to tree section 1 4 Exhibit 5 Barbed Wire Construct hints 1 5 Exhibit 6 Wire Gate 1 6 Exhibit 7 Rock Jacks 1 7 Exhibit 8 Rock Jack 1 8 Exhibit 9 Rock Crib 1 9 Exhibit 10 Stream Crossing 1 10 Exhibit 12 four wire fence 1 11 Exhibit 13 Figure Four 1
4. DOL Wage Decision No. WA16001 – WA1 Dated 06/24/2016 35
5. Fire Protection and Suppression (R6-FS-6300-52) 6
6. Experience Questionnaire 2
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 15 of 32
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:
U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752
Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com
Reporting Verification: Verify@vets100.com
K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $15.0 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
RANGELAND FENCE REPAIR AND REPLACEMENT PAGE 16 of 32
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—
Representation.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.223-1, Biobased Product Certification.
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