AG05M6S120061Solicitation.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

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

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

AG-05M6-S-12-0061 8/17/2012 597585

UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

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

MT. BAKER-SNOQUALMIE NATIONAL FOREST

2930 WETMORE AVENUE, STE 3A

EVERETT, WA 98201

ALL WORK TO BE COMPLETED BY

NOVEMBER 15, 2012

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

AREA CODE NUMBER 9. DESTINATION

JANET HADA 425 783-6052 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

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

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE 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

August 30, 2012 submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

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

WEST CADY RIDGE TRAIL #1054

PUNCHEON REPLACEMENT PROJECT,

SKYKOMISH RANGER DISTRICT

QUOTES CAN BE MAILED TO:

MT. BAKER-SNOQUALMIE NATIONAL FOREST

2930 WETMORE AVENUE, STE 3A

ATTN: ACQUISITION

EVERETT, WA 98201

FAXED TO: (425) 783-0129

EMAILED TO: jhada@fs.fed.us

Technical Contacts for this project are:

Michael Crandall (360) 677-2414 or Tom Davis

(360) 677-2242

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

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

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

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

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

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

RFQ NO. AG-05M6-S-12-006 Page 2 of 49 West Cady Ridge Trail #1054, Skykomish Ranger District

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B-1 SCHEDULE OF ITEMS

PAY

ITEM

ITEM DESCRIPTION METHOD

OF

MEAS.

EST.

QUANT.

PAY

UNIT

UNIT

PRICE

TOTAL

BID

911(02) Clearing and Grubbing AQ 13 m $________ $________

912(01) Excavation AQ 13 m $________ $________

912(07) Shallow Stream Ford AQ 1 EA $________ $________

913(01) Turnpike, Treated Pole Retainers, No Ditches

AQ 24 m $________ $________

916(03) Structure Removal AQ 60 m $________ $________

921(03)A Culvert, Corrugated Black Plastic, Double Wall, 300 mm diam.

AQ 5 EA $________ $________

921(03)B Culvert, Steel, GOV Furnished

AQ 2 EA $________ $________

926(01) Lead-Off Ditch AQ 14 m $________ $________

926(02) Parallel Ditch AQ 13 m $________ $________

932(01)A Puncheon, 4’ decking AQ 10 m $________ $________

932(01)B Puncheon, 5’ decking AQ 22 m $________ $________

951(01) Mobilization LSQ 1 LS $________ $________

991(07) Maintain Culverts/Ditches AQ 1 EA $________ $________

TOTAL COST $_____________________

RFQ NO. AG-05M6-S-12-006 Page 3 of 49

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

This contract involves the removal and replacement of 7 puncheon bridge structures on a multi-use, hiker and stock trail. The work includes removal and disposal of existing structures, clearing and grubbing, excavation, and the construction of a variety of trail structures, including puncheon walkways, turnpikes, water bars, drain dips, and ditching. This project is located entirely within the Wild Sky Wilderness Area, about 20 miles from Skykomish, WA. All construction work within the wilderness area will be done without the use of motorized equipment or helicoptors. Mobilization from the trailhead to the Wilderness boundary will also be done without the use of motorized equipment or helicopters. Chainsaws are permitted for the fabrication of hand split cedar decking, outside of Wilderness areas.

C-2 PROJECT LOCATION

This project is located on the Skykomish Ranger District of the Mt. Baker-Snoqualmie National Forest. Drive WA State Highway 2 to just west of milepost 50. Turn north on Beckler Road #65 (toward Beckler River Campground). Stay on FS Road #65 for 15 miles to its junction with FS Road #63. Turn right and continue 4.2 miles to the trailhead at the end of the road. The project begins 1465 meters from the trail head, and is marked with stakes. The end of the project area is located at station 2+243.

C-3 PRICE RANGE

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

C-4 APPLICABLE SPECIFICATIONS (TRAIL PROJECTS)

Standard and Supplemental Specifications for Forest Service Standard Specifications for Construction of Trails (EM-7720-103) shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

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 SUSPENSIONS FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to

RFQ NO. AG-05M6-S-12-006 Page 4 of 49 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 not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

RFQ NO. AG-05M6-S-12-006 Page 5 of 49

SECTION D--PACKAGING AND MARKING

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

RFQ NO. AG-05M6-S-12-006 Page 6 of 49

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.256-12 Inspection of Construction (AUG 1996)

E-2 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground.

"Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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

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

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

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

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

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

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

RFQ NO. AG-05M6-S-12-006 Page 7 of 49

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

G. If the Contractor does not promptly replace or correct rejected work, the Government may

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

RFQ NO. AG-05M6-S-12-006 Page 8 of 49

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):

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 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 November 15, 2012. The time stated for completion shall include final cleanup of the premises.

Estimated start work date for this project is September 26, 2012.

RFQ NO. AG-05M6-S-12-006 Page 9 of 49

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

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

G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 7 days after the date of contract award. The conference will be held at location to be determined after award..

RFQ NO. AG-05M6-S-12-006 Page 10 of 49

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

Camping is allowed at the trailhead. Due to limited campsites along the trail, and to reduce impacts, no camping is allowed along the trail.

(b) Designated Camp: The trail contractor will be allowed to camp in a dispersed campsite on the north side of the trailhead parking lot. Any other campsite proposal by the contractor will be approved in advance by the CO.

Camp sites and trailer parking areas used by any employee working on the project for the contractor shall be kept neat and clean. There shall be no improvements made to the site.

(c) Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii)dispose of solid waste in accordance with applicable Federal, State, andlocal regulations.

(d) The use of pack and saddle stock shall meet standards described in H.7.

(e) Food Preparation & Cooking: (1) Unattended attractants (human foods, soft drinks and alcoholic beverages, cosmetics and toiletries, pet foods, processed livestock feed and grains, cooking residue, empty food containers, and other refuse) will be unavailable to wildlife by storing in IGBC tested and certified bear resistant containers. Attractants will be considered attended when non-sleeping people are within 80' of the attractants.

H-2 WORK WINDOW

Due to heavy use of this trail during the summer months, trail work shall be restricted to the period between September 26th and November 15th, 2012. Fabrication of split cedar decking may occur at any time.

H-3 CONTROL OF TRAFFIC

Once puncheon removal is underway, the trail shall be closed to public use at the trailhead. The contractor shall notify the COR at least 48 hours prior to trail closure.

H-4 LOCAL MATERIALS SOURCES

All borrow areas shall be approved in advance by the COR and shall be so located and excavated as to be screened from the trailway. Sources for native rock and stone used in steps and other trail structures will be approved in advance by the COR. Borrow, especially mineral soil, is limited in many areas. In lieu of mineral soil, certified weed free 5/8” minus crushed rock may be imported from a commercial source.

RFQ NO. AG-05M6-S-12-006 Page 11 of 49

All sources for hand split cedar puncheon decking shall be approved in advance by the COR. A western red cedar log suitable for decking is located aproximately 100 meters north of the trailhead near Quartz Creek Trail #1050 and is marked with flagging. This log shall not be cut closer than 25 feet from the rootwad. The rootwad may not be disturbed. An additional source of cedar is located at the Beckler Pit, which is 1.5 miles up FS Road 65 and is marked with flagging.

Rough sawn western red cedar decking may be used to supplement hand split decking if local sources are not adequate. Each individual puncheon bridge must have either hand split or rough sawn decking; mixed types of decking on one bridge is not permitted without approval from the

COR.

H-5 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to Project Area 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.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products doesnot enter any stream or other waters of the United States or any of the individual states.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered professional engineer.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camprefuse such as tin cans, paper, garbage, etc. This material must beremoved to a State, County, or Municipality designated solid waste disposal area.

(d) Tree and Bark Damage: Trees used as anchors or spar poles for cable yarding of construction materials (ie: bridge beams, barrier logs) shall be protected from bark damage and girdling.

Chokers (nylon web, chains, or cable) shall be shimmed and will not have direct contact with live bark.

H-6 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (MAR 2004)

a) To prevent the introduction and control the spread of seeds of noxious weeds onto and around

National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, RFQ NO. AG-05M6-S-12-006 Page 12 of 49 the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing.

Notification will include identifying the location of the equipment's most recent operations.

b) The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H-7 USE OF PACK AND SADDLE ANIMALS

Pack and saddle stock may be used in the execution of this project. The following orders pertain to pack and saddle animals used to transport materials, equipment, supplies, and/or crew members:

Restrictions A – C are based on Cascade Mountains Wilderness Regulations and Best Management Practices for the Prevention of Noxious Weeds, Amendment #14, Mt. Baker-Snoqualmie National Forest Land Management Plan, 10/25/99.

A. Possessing or transporting any livestock feed other than processed feed is not permitted.

(Processed feed includes any type of commercially available feed that does not contain viable plant seeds. Certified weed free hay may contain viable plant seeds and is not considered processed under this definition.)

B. Entering or being in a Wilderness with a group consisting of a combination of persons and pack and saddle animals exceeding 12 in total number is not permitted. (Pack and saddle animals include the following: all horses, mules, burros, donkeys, llamas, goats, and other animals commonly used for packing gear or carrying a rider.)

C. Grazing of livestock within 200 feet of any lake or stream is not permitted.

D. In addition the following stock practices shall be followed:

1. Stock camps will be as designated by the CO and length of stay will be determined by the

CO. In general, duration will be limited to delivery of materials and supplies. Contractor should not expect to board stock at the construction site for the duration of the project unless approved by the CO in advance.

2. Use of stock may be allowed for the transport of materials and supplies as needed for this project. Stock will not be allowed at work site unless specifically needed for completion of the project. Such use will be approved, in advance, by the CO.

3. All stock shall be contained by approved low impact methods including high lines, electric fence or corral, well away from the trail or as approved by CO. Other methods of containment will be allowed as approved by the CO. Stock will be confined at all times except when delivering materials and supplies. No permanent improvements shall be made.

RFQ NO. AG-05M6-S-12-006 Page 13 of 49

H-8 USE OF MOTORIZED EQUIPMENT

The use of motorized trail construction equipment, and motorized trail transportation equipment, including power tools, motorcyles, motorized trail bikes, and helicoptors will not be permitted within the Wild Sky Wilderness Area or on portions of the West Cady Ridge Trail that is outside of the Wilderness. Chainsaw use is permitted for the fabrication of hand split cedar decking at approved sites outside of Wilderness Areas (including the Quartz Creek cedar source).

H-9 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA 452.236-74)

(FEB 1988)

(a) Operations 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.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or manmade 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.

H-10 ARCHAEOLOGICAL OR HISTORIC SITES (USDA 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H-11 DISPOSAL OF CONSTRUCTION DEBRIS

Existing structures, such as retainers, waterbars, culverts and puncheon which are removed, and debris from the construction of retainers, waterbars, puncheon, viewpoints, and bridges, shall be disposed of at a site and in a manner approved by the Contracting Officer.

Native log and rock materials shall be disposed of out of sight, below trailway and outside of learing limits. Dispose of metal, treated timber and other manufactured products by removing them from National Forest Service Lands and placing them in approved waste disposal sites.

H.12 CLEAN-UP

The following is in addition to FAR Clause 52.236-12.

The contractor shall remove all construction stakes, tags, and plastic flagging located within 50 feet of the completed trail centerline for the entire length of the project within 5 days after the final acceptance of all other work on the project.

H.13 EMERGENCY CONTROL (USDA 452.236-77) (FEB 1988)

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish, all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of Contractor operations, the Contractor's cost relating to

RFQ NO. AG-05M6-S-12-006 Page 14 of 49 extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages on costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

(b) Contractor's Responsibility for controlling Other Emergencies. When requested by the

Contracting Officer, the Contractor shall allow the Forest Service to temporarily use not less than the current area rate established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.14 FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, R6-FS-6300-50 (4/87)

Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (2/84)

Fire Plan, R6-FS-6300-55 (2/84) (FORM WILL BE PROVIDED AT POST AWARD

CONFERENCE).

H.15 OTHER CONTRACTORS

Other Contractor(s) may be working adjacent to the project site. The Contractor shall fully cooperate with the other Contractor(s), including planning and notification of construction activities.

H.16 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

Approved signs shall be placed at the trailhead to notify the public of the construction activity and trail closures. While the trail is closed to public use, a temporary physical barrier (such as a orange plastic snow fencing) shall also be placed across the trail at the trailhead.

H.17 PRODUCT SUBSTITUTIONS, SHOP DRAWINGS AND MATERIAL CERTIFICATION

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. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

RFQ NO. AG-05M6-S-12-006 Page 15 of 49

H.18 DEFINITIONS AND ABBREVIATIONS

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. Definitions

Building Limits - A line 5 feet outside foundations of the structure.

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of thecontract.

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

Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority. May also be referred to as the Engineer.

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

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

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.

Forest Supervisor - The person, or designated representative, responsible for administration of a National Forest.

Inspector - The government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

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

Notice of Non-Compliance - Written notice issued detailing specific area(s) of non-compliance with contract requirements.

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

Pay Item - A unit of work for which a price is shown in the Schedule of Items.

RFQ NO. AG-05M6-S-12-006 Page 16 of 49

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

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.

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

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

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.

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

Work Order - A written instruction directing the Contractor to fulfill contract requirements.

B. Abbreviations

AASHTO American Association of State Highway and

TransportationOfficials ACI American Concrete Institute AGC Associated General Contractors of America AGMA American Gas Manufacturers Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWPB American Wood Preservers Bureau AWPA American Wood Preserver's Association AWS American Welding Society AWWA American Water Works Association CS Commercial Standard issued by U.S. Department of Commerce DEMA Diesel Engine Manufacturers Association ETL Electrical Testing Laboratory ENSA Electrical National Standards Association FAR Federal Acquisition Regulations FHA Federal Housing Administration

FED.

SPEC. or F.S.

Federal Specifications

RFQ NO. AG-05M6-S-12-006 Page 17 of 49

FSS Federal Specifications and Standards GSA General Services Administration ICBO International Conference of Building Officials ICEI Internal Combustion Engine Institute IEEE Institute of Electrical and Electronic Engineers

IGBC Interagency Grizzley Bear Committee IPCEA Insulated Power Cable Engineers Association MSHA Mine Safety and Health Administration MIL Military Specifications NBFU National Board of Fire Underwriters NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Associations NESC National Electrical Safety Code

NFPA

(Fire)

National Fire Protection Association

NFPA

(Forest)

National Forest Products Association

NPC National Plumbing Code NSF National Sanitation Foundation NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Act PS Product Standard issued by U.S. Department of Commerce RIS Redwood Inspection Service SPA Southern Pine Association SSPC Steel Structures Painting Council UBC Uniform Building Code UL Underwriters' Laboratories, Inc.

UMC Uniform Mechanical Code USASI United States of America Standards Institute WCLIB West Coast Lumber Inspector Bureau WRC Western Red Cedar WWPA Western Wood Products Association ASHRAE American Society of Heating, Refrigeration and Air Conditioning

Engineers SMACCNA Sheet Metal and Air Conditioning Contractors National

Association

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-28 Post-Award Small Business Program Representation (APR 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (OCT 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001 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) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

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52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236.12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 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 (DEC 2010) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-72 Use of Premises (NOV 1996)

I-2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

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(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

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(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

I-3 FAR 52.215-8 Order of Precedence – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

I-4 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (SEPT 2010)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: 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—

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

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

(iii) The construction material is not mined, produced, or manufactured in the United States in…