RFQ_No_AG-05M6-S-17-0059.pdf
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- Pioneer Park Boardwalk Removal and Replacement Federal contract opportunity
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- AG-05M6-S-17-0059
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Request for Quotation (RFQ)
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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-05M6-17-S-0059 8/30/2017 UNDER BDSA REG. 2
AND/OR DMS REG. 1 Not Rated
5a. ISSUED BY 6. DELIVER BY (Date) USDA Forest Service Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave., Ste 3A Everett, WA 98201-4067
Contract Time: 45 Calendar Days Estimated Start Date: 30 Sep 2017
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)
AREA
CODE
NUMBER 9. DESTINATION
Colville National Forest
Brian A. Johnson, Contracting Officer Perry Byrd, Technical Contact
783-6056 684-7242
a. NAME OF CONSIGNEE
8. TO:
a. NAME b. COMPANY b. STREET ADDRESS
c. STREET ADDRESS c. CITY Newport
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
WA 99156
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON
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
15 Sep 2017 @ 1400 (Pacific) 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)
Pioneer Park Boardwalk Upgrade
Procurement will be accomplished under Simplified Procurement procedures. All responsible and qualified sources may submit a quote. Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an order has been issued.
Basis of Award: The Government will make award to the Quoter who provides the best value as stated in Section M.
Mail Quote to Block 5a or e-mail quote to bajohnson03@fs.fed.us. It is Quoter’s responsibility to verify quote has been received. Identify your quote with the solicitation on the sealed envelope or on the subject line of the e-mail.
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.
Quoter’ s DUNS Number: __________________ Quoter’ s E-Mail: __________________________
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)
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PART I - THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
Pioneer Park Boardwalk Upgrade Newport Ranger District Colville National Forest (Pend Oreille County)
Washington State
B.1 SCHEDULE OF ITEMS
The quoter must quote on all items to be considered for contract award. Award will be on an all or none basis to quoter whose quote represents the best value to the Government, price and other factors considered as described in Section M. If the quoter does not intend to charge for an item “0.00” or “No Cost” should be shown.
Base Items
Item No. Description
Method of
Meas.
Pay Unit
Est.
Qty. Unit Price Total Price
Remove existing boardwalk; incl. hand rails, 2x decking, joist, wood benches, and 4x4 supports complete. Install new boardwalk complete including handrails & benches, with structural aluminum decking, following exact footprint of existing structure. Paint handrails and curbs.
LSQ EA 1 $ _________ $ _________
SubTotal Price (Base Item 01): $_____________
Option A
Option A
(Same Base Item 01, but using pressure treated 2x decking) LSQ EA 1 $ _________ $ _________
SubTotal Price (Option A): $_____________
Total Price (Base Item 01 + Option A): $_____________
B.2 DESIGNATED METHOD OF MEASUREMENT
LSQ = Lump Sum Quantities. These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.
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Note: A pre-quotation site visit is scheduled for this project. Refer to Section L, Paragraph L.10 for more direction.
bajohnson03 Highlight
B.3 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT
The Government’s estimate is: between $100,000 and $250,000.
B.4 SYSTEM FOR AWARD MANAGEMENT REQUIREMENT
No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the SAM database. Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.
Note: There is no fee to register and use this site.
During the contract, the Contractor must always have an active status in SAM during the life of this contract.
Invoices will be paid using the financial information provided in the Contractor’s SAM profile. Failure to keep an active status may result in payment delays and other administration delays.
B.5 INCORPORATION OF TECHNICAL PROPOSAL
The Contractor’s technical proposal, including revisions and amendments made prior to contract award, will be incorporated into this contract upon award. The Contractor’s personnel shall meet or exceed the qualification standards, experience levels and trade background as set forth in the technical proposal and contract.
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SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK
C.1 DESCRIPTION OF WORK OR SCOPE OF CONTRACT
This project consists of providing all materials, labor, and equipment to remove existing wood boardwalk complete, including foundation, joist, decking, handrails, and curbs. Install new foundation, joist and supports, metal decking, curbs, benches, and handrails. New boardwalk shall cover same footprint as original. This boardwalk spans a documented historical site. The intent of this contract is to replace all existing materials with sono tube foundation and pressure treated lumber supports with aluminum decking.
C.2 PROJECT LOCATION
Project is located on the Newport Ranger District. See attached maps for exact location.
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 APPLICABLE SPECIFICATIONS
The Specifications 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 Specifications shown on the specification list are physically attached to this contract.
C.6 SPECIAL PROJECT SPECIFICATIONS
Special Project Specifications applicable to this contract are attached:
Section Specification
01 02 30 SCHEDULE OF ITEMS
02 22 10 DEMOLITION
03 30 00 CAST-IN-PLACE CONCRETE
05 50 00 METAL DECKING
06 10 00 ROUGH CARPENTRY
09 93 00 STAINING AND TRANSPARENT FINISHING
C.7 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
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Management,” and the Federal Acquisition Regulation to provide biobased products.
The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.
The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
Graffiti and grease removers Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases Dust suppressant 2-cycle engine oil Absorbents
Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.
The Contractor should provide data for their biobased products such as biobased content and source of biobased material
In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.
The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
Note: Refer to Section J – List of Attachments, for examples of USDA-approved Biobased Products.
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SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
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SECTION E--INSPECTION AND ACCEPTANCE
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):
https://www.acquisition.gov/?q=browsefar
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)
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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
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 ten (10) calendar days after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than forty-five (45) calendar days after the NTP date. The time stated for completion shall include final cleanup of the premises.
F.3 SUSPENSION FOR OTHER THAN GOVERNMENT CONVENIENCE
The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements.
Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall no be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.
F.4 NOTICE TO PROCEED
A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.
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F.5 REQUIRED SUBMITTALS
The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.
Submittal Title Referenced By Specification No. Submittal Date
Schedule of Work Section H & I With Quote and then Updated when Necessary
Job Specific Safety Plan Section H Prior to Work Starting
Copy of Required Insurance Coverage Section H Prior to Work Starting
Notification of Subcontracting Section G Prior to Subcontractor Starting Work
Camping Permit Section H Prior to Work Starting
Biobased or BioPreferred Products Section C & I With quote and then in accordance with
FAR 52.223-2
Payment Bond Section I Prior to Work Starting
Release of Claims Form Section I Submit with Final Invoice in IPP
Submittals Section J As required in Specifications
Ground Disturbance Protection Spec. 02 22 10 Prior to Work Starting
Metal Decking Spec. 05 50 00 Prior to Ordering
Pressure Treated Lumber Spec. 06 10 00 Prior to Ordering
Stain and Transparent Finishing Spec. 09 93 00 Prior to Ordering
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SECTION G - CONTRACT ADMINISTRATION DATA
G.1 AGAR 452.215-73 POST-AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within seven (7) calendar days after the date of contract award. The conference will be held at: A location mutually agreeable between the Forest Service and successful offeror.
G.2 GOVERNMENT-FURNISHED PROPERTY (GFP)
The Government will provide the following GFP to the Contractor for use in the performance of this contract.
This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.
Item No. Property Description Qty Location Date Available or Delivery Date
01 Pilot Rock Park Benches 3 On-Site Upon request
G.3 SUPPLEMENTAL DEFINITIONS
Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:
A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.
B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.
C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.
D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.
E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.
F. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer.
The duties and responsibilities of the Contracting Officer’s Representatives are defined in a letter of designation issued by the Contracting Officer.
There may be person(s) appointed in writing by the Contracting Officer to help the Contracting Officer’s Representative to conduct and document inspections according to contract specifications and provisions. This person would be titled COR; however, their authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance. It is important the Contractor read the designations of each person.
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G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.
H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.
I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.
J. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.
K. Materials - Any substances for use in the construction of the project and its appurtenances.
L. Notice of Noncompliance - A written notice from the Contracting Officer’s representative which documents, for the Contractor’s attention, specific performance deficiencies.
M. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.
N. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.
O. 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.
P. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.
Q. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.
R. 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.
S. Utility Services - Are services such as electricity, gas, steam, water and sewage.
T. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.
G.4 CONTRACTING OFFICER’S AUTHORITY
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to
RFQ No. AG-05M6-17-S-0059 Pioneer Park Boardwalk Upgrade Page 11 of 71 contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
G.5 REPRESENTATIVES AND AUTHORITIES
The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order or other matter deviating from the terms of the contract between the contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract.
The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contact regarding question or problem of technical nature.
G.6 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)
A. The Contracting Officer will designate a representative (or representatives), hereinafter referred to as the Contracting Officer’s Representative (COR) who will provide on-the-ground administration for the Government.
The COR will be designated in writing and a copy of the designations will be furnished to the Contractor before or at the post award conference. The Contractor is cautioned to read the COR designation(s) because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used through the Specifications, shall be interpreted in include the Contracting Officer’s designated representative (s) acting within the limits of their delegations of authority.
B. The COR does not have authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions. The COR cannot redelegate their authority to another person.
Any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.
C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)
D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the 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
RFQ No. AG-05M6-17-S-0059 Pioneer Park Boardwalk Upgrade Page 12 of 71 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.7 NOTIFICATION OF SUBCONTRACTING
The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.
The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:
A. The name, address and telephone number of the subcontractor.
B. The date upon which the subcontract was entered into and its duration.
C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.
D. Documentation of the subcontractor's representative authority.
Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.
G.8 INVOICE PROCESSING PLATFORM (IPP)
The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm.
All invoices must be submitted via the electronic Invoice Processing Platform (IPP). Paper copies of invoices will no longer be accepted. The Contractor must also attach a detailed invoice in IPP that clearly outlines the values of work on contract, work in place, and remaining work to complete.
G.9 PUBLIC OFFICIALS NOT PERSONALLY LIABLE
There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.
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SECTION H -- SPECIAL CONTRACT REQUIREMENTS
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 observations and measurements.
B. Weather conditions: Typical NE Washington weather.
C. Transportation facilities: Paved state and county roads.
D. Elevation: 1950’
H.2 LANDSCAPE PRESERVATION
A. The Contractor shall confine operations to within the clearing limits and no ground disturbances aside from replace in kind will be permitted. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.
B. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
H.3 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is compliance with reasonable and customary manufacturing and construction tolerance.
A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
C. Government inspections and tests are for the sole benefit of the Government and do not--
1. Relieve the Contractor of responsibility for providing adequate quality control measures;
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2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
3. Constitute or imply acceptance; or
4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph
(I) below.
D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
H.4 WARNING SIGNS AND RESTRICTIONS
Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.
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H.5 JOB-SPECIFIC SAFETY PLAN
Prior to allowing any work to commence on the project, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to, blasting, heavy equipment operation, traffic control on haul routes, loading and unloading of materials, site security, noise/dust control, and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations and shall include all tasks and related activities anticipated to successfully complete the work.
H.6 SAFETY ITEMS
(a) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.
(b) The following checked activities have been identified by the Government as potential safety hazards.
[X] Power tool operation including eye protection [X] Overhead hazards
H.7 PERSONAL PROTECTIVE EQUIPMENT
1. 29 CFR 1910 Subpart I, OSHA’s General Industry Personal Protective Equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace.
OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).
2. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.
3. The Contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, whenever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:
• Head Protection
• Hearing Protection
• Eye/Face Protection
• Leg Protection
• Foot Protection
• Hand Protection
4. PPE must be sanitary and in reliable condition. Contractor shall not use defective or damaged PPE and it must be inspected by the Contractor prior to use on each work shift to ensure it is in serviceable condition.
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5. A checklist of applicable PPE Guidelines type for the work performed under this contract is available at https://www.osha.gov/SLTC/personalprotectiveequipment/index.htm or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet and other locations.
6. At all times, the Contractor is responsible for performing a risk assessment and providing the necessary PPE for their operation on this contract/task order.
7. The Contractor shall be in compliance with the all field sanitations. OSHA’s established minimum standards for field sanitation is applicable to this contract. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.
H.8 STORAGE OF MATERIALS AND EQUIPMENT
Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.
H.9 LEGAL RELATIONS AND RESPONSIBILITIES
Contractor's Responsibility for Utilities: In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.
H.10 USE OF PREMISES
A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.
B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.
C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.
D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.
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H.11 PRODUCT SUBSTITUTION, SHOP DRAWINGS AND MATERIAL CERTIFICATION
A. Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification. All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.
H.12 PROSECUTION OF WORK
A. The following special controls will affect the Contractor’s prosecution of work: Contractor shall remove demolish materials to trailhead. Contractors may propose to use overland conveyer/chute to remove demolished materials to boat launch. No damage to vegetation will be allowed. Trail will be closed but occasional walkers access the site. No mechanized equipment is allowed on trail except mechanical wheelbarrow.
B. The Contractor may encounter other contractors performing work on projects in the area (Refer to FAR “52.236-8 Other Contracts” in Section I).
C. Utilities made available by the Government for use by the Contractor are: Outhouse toilet.
H.13 STORAGE AND STOCKPILING OF MATERIALS
Materials shall be stored to assure the preservation of quality and fitness for the work. Stored material shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the 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. Contract shall be responsible for making arrangements for storage on other than Forest Service administered lands.
This contract allows for the payment of materials stored at off-site locations.
All material and work covered by progress payments made shall thereon become the sole property of the Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of the contract.
H.14 MATERIAL CERTIFICATIONS AND TESTING REPORTS
The following material certifications and/or testing reports shall be submitted on this project: None
H.15 DISPOSAL OF MATERIAL
Designated disposal sites for this project are as follows: Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site off of National Forest Service Land.
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H.16 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.
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PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
(FAC Number/Effective Date: 2005-94,2005-95 / 01-19-2017)
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 www.usda.gov/procurement/policy/agar.html
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2015 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 1998) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 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) 52.222-9 Apprentices and Trainees (JUL 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) 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceed $15,000 (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015)
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52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEP 2013)
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 (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014)--Alternate I (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
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AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.228-71 Insurance Coverage (NOV 1996) Alt I 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;
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
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I.3 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”
(1) Means any item of supply (including construction material) that is -
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace, and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in(46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means any article, material, or supply incorporated directly into construction materials.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this…
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