Solicitation_AG-05M6-S-16-0031_Bayview_Campground.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-16-0031

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/18/2016

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Mt. Baker-Snoqualmie National Forest

2930 Wetmore Avenue Suite 3A.

Everett, WA 98201

Mt. Baker-Snoqualmie National Forest

2930 Wetmore Avenue Suite 3A.

Everett, WA 98201

9. FOR INFORMATION

CALL:

A. NAME

Jorge Somoza

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 425-783-6053

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

BAYVIEW CAMPGROUND

MT. BAKER RANGER DISTRICT

WHATCOM COUNTY

Price Range The Government's estimate is: between $250,000 and $500,000.

Technical Points of Contact are Luke Silvis at 360-854-2624 or email lesilvis@fs.fed.us Jim Mitchell at 360-854-2620 or email jbmitchell@fs.fed.us

11. The Contractor shall begin performance within 10 calendar days and complete it within 160 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM local time 16 June 2016. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. 20% Bid Bond

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:lesilvis@fs.fed.us mailto:jbmitchell@fs.fed.us

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

DUNS:_____________ 16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

SOL NO: AG-05M6-S-16-0031

UNIT: Mt. Baker-Snoqualmie National Forest PROJ NAME: Bayview Campground

TABLE OF CONTENTS

SECTION A – SOLICITATION/CONTRACT FORM

Standard Form 1442 Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items for Bid (2 Pages total)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of the Contract C-2 Project Location C-3 AGAR 452.211-72 Statement of Work/Specifications C-4 AGAR 452.211-73 Attachment to Statement of Work/Specifications C-5 Contract Time C-6 Disclosure of Magnitude of Construction Project.

C-7 Material Sources C-8 Work Restrictions are as follows C-9 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects

(FP-03)

C-10 Applicable Specifications C-11 Material Certifications, Invoices, Testing Reports & Other Submittals C-12 Biobased Products

SECTION D – PACKAGING AND MARKING

No clauses in this Section

SECTION E – INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

E-2 AGAR 452.246-70 Inspection and Acceptance (FEB 1988) E-3 Inspection and Testing Performed By Government E-4 Conformity with Drawings and Specifications

SECTION F – DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

F-2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 Government-Furnished Property

G-2 AGAR 452.215-73 Post Award Conference (NOV 1996) G-3 Designation of Contracting Officer’s Representative G-4 Contract Release

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 Physical Data (APR 1984) H-2 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(FAR 52.236-9) (APR 1984)

H-3 Use of Premises (AGAR 452.236-72) H-4 Archaeological or Historic Sites (AGAR 452.236-73) (FEB 1988):

H-5 Control of Erosion, Sedimentation and Pollution (AGAR 452.236-74) (NOV 1996) H-6 Rights In and Use of Materials H-7 Storage and Stockpiling Of Materials H-8 Emergency Response (AGAR 452.236-77) (NOV 1996) H-9 Landscape Preservation H-10 Control of Noxious Weeds--Cleaning Of Equipment H-11 Fire Protection Requirements H-12 Personal Protective Equipment (FSAR 4G52.222-704) (FEB 2007) H-13 Forest Service National Core Best Management Practices for Water Quality Management on

National Forest System Lands, Volume 1 (2012) H-14 Local Disposal Sites H-15 Industrial Camps H-16 Material Sources / Disposal H-17 Contractor's Use of Existing Roads H-18 Load Limits

SECTION I – CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) I-2 FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) I-3 FAR 52.225-9 Buy American Act-Construction Materials (MAY 2014) I-4 FAR 52.228-1 Bid Guarantee (SEP 1996) I-5 FAR 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) I-6 AGAR 452.228-70 Alternative Forms of Security (Nov 1996) I-7 Order of Precedence—Construction

SECTION J – LIST OF ATTACHMENTS

J-1 List of Attachments

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS FO

OFFERORS OR RESPONDENTS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

BAYVIEW CAMPGROUND

MT. BAKER RANGER DISTRICT

WHATCOM COUNTY

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

(Page 1 of 2)

BASE ITEMS:

ITEM SPEC DESCRIPTION

UNIT OF

MEAS.

EST.

QTY UNIT PRICE TOTAL PRICE

15101 FP-03 MOBILIZATION LS 1 $__________ $____________

15201 FP-03 CONSTRUCTION SURVEY AND STAKING,

METHOD 1, TOLERANCE E LS 1 $__________ $____________

15713 FP-03 SOIL EROSION & POLLUTION CONTROL LS 1 $__________ $____________

20101 FP-03 CLEARING AND GRUBBING, DISPOSAL OF

TOPS AND LIMBS G, LOGS J, STUMPS J ACRE 3* $__________ $____________

20208 FP-03 REMOVAL OF INDIVIDUAL TREES, DISPOSAL

OF TOPS AND LIMBS G, LOGS J, STUMPS J EA 55 $__________ $____________

20301 FP-03 REMOVAL OF STRUCTURES AND

OBSTRUCTIONS, TOILETS EA 4 $__________ $____________

20401A FP-03 EXCAVATION/GRADING - CAMP SPUR,

COMPACTION METHOD E EA 29 $__________ $____________

20401B FP-03 EXCAVATION/GRADING - CAMP LIVING AREA EA 29 $__________ $____________

20401C FP-03 EXCAVATION/GRADING - TOILET PAD,

COMPACTION METHOD E EA 5 $__________ $____________

20401D FP-03 EXCAVATION/GRADING - ENTRANCE STATION,

COMPACTION METHOD E EA 1 $__________ $____________

20401E FP-03 EXCAVATION/GRADING - DAY USE ENTRY,

COMPACTION METHOD E EA 1 $__________ $____________

20431 FP-03 BORROW EXCAVATION - UNCLASSIFIED

MATERIAL, COMPACTION METHOD B CY 1800* $__________ $____________

20490 FP-03

ROADWAY WIDENING AND GRADING,

TOLERANCE CLASS D, COMPACTION METHOD

E

MILE 0.59* $__________ $____________

23050 FP-03 ROADSIDE BRUSHING MILE 0.92* $__________ $____________

30322 FP-03 ROADWAY RECONDITIONING, COMPACTION

METHOD E MILE 0.92* $__________ $____________

32451A FP-03 AGGREGATE BASE, 1-1/4" WSDOT,

COMPACTION METHOD B TON 2865* $__________ $____________

32451B FP-03 AGGREGATE SURFACING, 5/8" MINUS WSDOT,

COMPACTION METHOD B TON 1200* $__________ $____________

32451C FP-03 AGGREGATE SURFACING, 5/8" MINUS

LIMESTONE, COMPACTION METHOD B TON 215* $__________ $____________

40401 FP-03 MINOR HOT ASPHALT CONCRETE TON 65* $__________ $____________

* = CONTRACT QUANTITY (SEE FP-03 SECTION 109.02)

PROJ NAME: Bayview Campground

B-1 SCHEDULE OF ITEMS FOR BID (continued)

(Page 2 of 2)

BASE ITEMS CONTINUED:

ITEM SPEC DESCRIPTION

UNIT OF

MEAS.

EST.

QTY UNIT PRICE TOTAL PRICE

60909 FP-03 CONCRETE WHEEL STOPS EA 20 $__________ $____________

62201A FP-03 EQUIPMENT RENTAL, EXCAVATOR - MED

SIZE WITH THUMB HR 40 $__________ $____________

62201B FP-03 EQUIPMENT RENTAL, EXCAVATOR -

MINI/TRAIL EXCAVATOR HR 8 $__________ $____________

62201C FP-03 EQUIPMENT RENTAL, DUMP TRUCK - 10 C.Y.

MIN. HR 20 $__________ $____________

62530 FP-03 SEEDING AND MULCHING, DRY METHOD LS 1 $__________ $____________

63390 FP-03 INSTALL, SIGN (INCLUDES POST) EA 10 $__________ $____________

63406 FP-03 PAVEMENT MARKINGS TYPE J, PREFORMED

PLASTIC MARKINGS LS 1 $__________ $____________

02205A CSI BARRIER ROCK, THREE - FOUR MAN EA 200 $__________ $____________

02205B CSI BARRIER ROCK, FIVE MAN EA 30 $__________ $____________

02213 CSI CONSTRUCT 5' WIDE TRAIL, COMPACTION

METHOD E LF 2000* $__________ $____________

02715 CSI CAMPGROUND CLOSURE DEVICE (GATE),

DOUBLE SWING EA 1 $__________ $____________

010416 CSI ENTRANCE SIGN BASE LS 1 $__________ $____________

010417A CSI TWO PANEL KIOSK EA 2 $__________ $____________

010417B CSI THREE PANEL KIOSK EA 1 $__________ $____________

* = CONTRACT QUANTITY (SEE FP-03 SECTION 109.02)

TOTAL ALL ITEMS: ‐‐‐‐‐‐‐>$ ___________

Name and address of offeror: ___________________________________________________________

NAME/TITLE OF PERSON AUTHORIZED TO SIGN PROPOSAL: ____________________________

SIGNATURE: ______________________________________ DATE: ___________________

DUNS NO.: ____________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project consists of the re-construction of a campground and day use area. Work includes but is not limited to:

Construction staking, clearing and grubbing, removal and disposal of toilet buildings, excavation, embankment, road reconditioning, crushed aggregate placement, trail construction, construction of campsite living areas and parking spurs, information kiosks, and signage.

C.2 PROJECT LOCATION

This project is located in Whatcom County near Baker Lake, WA (T37N – R9E – Sec. 19).

From I-5 at Burlington, WA, take exit 230, (State Hwy 20). Travel East on Hwy 20 for approximately 24 miles. Turn left and travel north on the Baker Lake Hwy for 15 miles. Turn right onto Forest Service Road (FSR) 1118 for 1 mile to the intersection with FSR 1118011 and the beginning of the project.

C.3 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.4 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.5 CONTRACT TIME

160 calendar Days from Notice to Proceed.

C.6 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

The Government's estimate is: between $250,000 and $500,000

C.7 MATERIAL SOURCES

The Government will provide the following item(s) of material sources to the Contractor for use in the performance of this contract.

FSR 1152 Pit MP 0.50 – Borrow Material – Waste Disposal Area – Log Decking Area FSR 1200120, 2 Mile Pit, located at MP 2.0 on FSR 12 – Borrow Material – Waste Disposal

Area – Log Decking area. Stockpiled materials within the pit are not to be used by the Contractor on this project. Borrow material will have to be generated and sorted from the pit.

PROJ NAME: Bayview Campground

C.8 WORK RESTRICTIONS ARE AS FOLLOWS

For Wildlife Concerns:

The project area is within Marbled Murrelet habitat. All activities that generate noise levels above 92 decibels shall only occur between 2 hours after sunrise and 2 hours before sunset from April 1st to September 23rd annually to minimize potential adverse effects to breeding Marbled Murrelets within forest stands that have suitable nesting branch structure.

For Public Safety/Noise:

• No work shall occur on weekends or Federal Holidays without written permission from the

Contracting Officer. Work shall cease at Noon on days immediately preceding Holidays or on Friday before weekends that will contain a Holiday.

• Heavy equipment and combustion tool operation hours are restricted from 8a.m to 5p.m. for the Bayview South Site only. Variances to these hours may be accepted with written permission from the Contracting Officer. The Bayview South Site is defined as all areas south of Station 52+00 on Road 1118011.

C.9 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

ON FEDERAL HIGHWAY PROJECTS (FP-03)

These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

They are available online at http://flh.fhwa.dot.gov/resources/specs/fp-03.htm

C.10 APPLICABLE SPECIFICATIONS

There are two different specification formats applicable to this contract and include FP-03 (see C.6) and Construction Specification Institute (CSI). FP-03 are generally used for all the road work and major earthwork portions of the project. The CSI specifications are generally used for the campground appurtenances and trails. FP-03 Supplemental Specifications applicable to this contract and the applicable CSI specifications are shown in the specification listings contained in the attachments. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications for the FP-03 and all CSI specifications shown on the specification lists are physically attached.

C.11 MATERIAL CERTIFICATIONS, INVOICES, TESTING REPORTS & OTHER

SUBMITTALS

Submit the following certificates, test reports, samples and test data for this project (3 sets each except only 2 samples unless noted). See FP-03 sections 104, and 106 for timely submittal and approval by the Contracting Officer.

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative prior to implementation on the project:

http://flh.fhwa.dot.gov/resources/specs/fp-03.htm

ITEM DESCRIPTION

TIME FOR

GOVERNMENT

APPROVAL –

Business Days

15101 Traffic Control Plan 7 days

15713 Temporary Erosion and Sediment Control Plan 7 days

32451A Aggregate Base, 1-1/4” Minus WSDOT mix (commercial source) 7 days

32451B Aggregate Surfacing, 5/8” Minus WSDOT mix (commercial source)

32451C Aggregate Surfacing, 5/8” minus crushed limestone (commercial source) 7 days

40401 Minor Hot Asphalt Concrete Mix Design 7 days

60909 Concrete Wheelstops 7 days

62530(1) Seed Mix C1, Weed free mulch 7 days

63390A Signs 7 days

02205A/B Barrier Rock (Commercial Source) 7 days

010416 Concrete Mix Design for Entrance Sign Base 7 days

(1) A list of certified growers of mulch in the state of Washington can be found by following this link:

http://agr.wa.gov/PlantsInsects/WWHAM/WWHAM.aspx

C.12 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 http://agr.wa.gov/PlantsInsects/WWHAM/WWHAM.aspx

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.

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E.4 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.

http://www.arnet.gov/far/

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996)

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

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 160 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT-FURNISHED PROPERTY

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

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 10 days after the date of contract award. The conference will be held at Mt. Baker Ranger Station, 810 State Route 20, Sedro-Woolley, WA.

G.3 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.4 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Service Personnel.

(b) Weather conditions: Normal west slopes of Cascade Mountains weather. Elevation of this project is just above 700’.

(c) Transportation facilities: Baker Lake Highway is a good double lane paved road. Forest Service Road 1118 is a double lane paved road to the project site. Roads to the borrow/waste sites are single lane gravel surface roads.

(d) Other Physical Data: The Project Area is located in Fire Zone Area 658. IFPL season starts April 15 and ends October 15.

H.2 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

H.3 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.

(b) 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, and local regulations.

H-4. AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (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-5. AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(NOV 1996)

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

(c) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H-6. RIGHTS IN AND USE OF MATERIALS

(a) The Contractors, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

H-7. STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service, shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-8. AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fighting Fire. (1) The Contractor, under the provision of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish, all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all 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 Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-5.

H-9. LANDSCAPE PRESERVATION

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

(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 does not 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 its 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, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H-10. CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT

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, 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 Forest land, unless otherwise agreed in writing.

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

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-11. FIRE PROTECTION REQUIREMENTS

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

Fire Protection and Suppression, R6-FS-6300-52 (5/97)

Additional Fire Precautionary Measures - Tank Truck, R6-FS-6300-53 (5/89) Additional Fire

Precautionary Measures - Communications, R6-FS-6300-54 (5/89)

H-12. FSAR 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEB 2007)

The Contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The Contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

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

In any area where the worker is exposed to the potential for flying or falling objects, the Contractor shall provide a hard hat, at no cost to the employee, and the Contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

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

H-13. NATIONAL BEST MANAGEMENT PRACTICES FOR WATER QUALITY

MANAGEMENT ON NATIONAL FOREST SYSTEM LANDS, VOLUME 1 (2012):

The BMP’s are a part of this Contract for all the related items listed herein. The Contractor shall have a copy of the BMP’s available and on-site at all times. A complete copy of the document can be found online at: http://www.fs.fed.us/biology/resources/pubs/watershed/

H-14. LOCAL DISPOSAL SITES

Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

H-15. INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-16. MATERIAL SOURCES/DISPOSAL

Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed.

Borrow sources are identified on the plans or elsewhere herein if made available by the Government. If alternate borrow sources are needed, they must be approved in advance by the COR. Such borrow sources shall be restored to a natural appearance.

Disposal areas shown on the plans are for clearing, grubbing, and excavation materials only. No man-made products shall be placed in disposal areas unless approved in advance by the Contracting Officer.

http://www.fs.fed.us/biology/resources/pubs/watershed/

H-17. CONTRACTOR’S USE OF EXISTING ROADS

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

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

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

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

The Contractor shall be responsible for and perform road maintenance commensurate with its use of Forest Service roads in the construction area.

H-18. LOAD LIMITS

All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over width permits. Forest Service bridge overload permit applications for this project may be obtained from the COR. Allow 21 days for permit processing.

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |

(MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2015)

52.204-13 System for Award Management Maintenance (JULY 2013) 52.204-14 Service Contract Reporting Requirements (JAN 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(JULY 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) http://www.usda.gov/procurement/policy/agar.html

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 Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014)

52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employees Rights Under the National Labor Relations Act

(DEC 2010)

52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 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 (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (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) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (FEB 2016)

52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 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.

(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.

I.3 FAR 52.225-9 BUY AMERICAN ACT—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.