AG-1484-S-17-0007_Complete.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

851145

USDA FOREST SERVICE

ALLEGHENY NATIONAL FOREST

4 FARM COLONY DRIVE

WARREN PA 16365

24H8

ALAN ZERO 814-728-6288

104/17/2017

AG-1484-S-17-0007

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

PROJECT TITLE: Sabbaday Falls Guardrail Project

The magnitude of this project is between $25,000 and $150,000.

The Statement Of Work/Specifications are included in this solicitation and will be included in the award document.

19.502-2 -- Total Small Business Set-Asides

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

05/16/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

ALLEGHENY NATIONAL FOREST

4 FARM COLONY DRIVE

WARREN PA 16365

24H8

ALAN J. ZERO

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-1484-S-17-0007

Sabbaday Falls Safety Guardrail replacement.

Delivery Location Code: 1490

USDA FOREST SERVICE

WHITE MOUNTAIN NATIONAL FOREST

SACO RANGER DISTRICT

33 KANCAMAGUS HIGHWAY

CONWAY NH 03812 US

FOB: Destination

Period of Performance: 06/01/2017 to 08/31/2017

001 Sabbaday Falls Safety Guardrail replacement.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Construction RFP Solicitation Number AG-1484-S-17-0007 Project Description Sabbaday Falls Guardrail Project

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Sabbaday Falls Schedule of Items

USDA

Forest Service Sabbaday Falls Date:

Safety and Guiderail Replacement Computed by:

Checked by:

Base Bid

Item # Description Unit Unit Cost Quantity Total Cost

93901 Standard Guiderail (Top/Lower Rail, No Mesh) LF 37 $ -

93903 Guiderail w/ Mesh LF 350 $ - 93911 Post w/ Standard Concrete Base Ea 5 $ - 93912 Post w/ Concrete Base on Ledge Ea 9 $ - 93913 Post w/ Anchor Directly On Ledge Ea 3 $ - 93914 Side Mounted Post Ea 11 $ - 93915 Post w/ Attachment to Bridge Ea 11 $ - 93916 Post on Granite Ea 32 $ - 93917 Post on Granite w/ Concrete Base Ea 3 $ - 93918 Gate Ea 2 $ -

98301 Removal and Disposal of Existing Guiderail and Posts LF 361 $ -

90701 Mobilization Unit $ - 1 $ -

Base Bid $ -

Bid Option 1 Item # Description Unit Unit Cost Quantity Total Cost

93901 Standard Guiderail (Top/Lower Rail, No Mesh) LF 365 $ -

93911 Post w/ Standard Concrete Base Ea 4 $ - 93912 Post w/ Concrete Base on Ledge Ea 4 $ - 93919 Direct Burial Post Ea 62 $ -

98301 Removal and Disposal of Existing Guiderail and Posts LF 270 $ -

90701 Mobilization Unit $ - 1 $ -

Bid

Option $ -

B-2 NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall be incidental to the contract price. Include bond payments under Mobilization.

Construction RFP Solicitation Number AG-1484-S-17-0007

B-3 BIDS: The Bidder must bid on all items. Where extended unit prices do not agree with totals or subtotals shown by the Bidder, the unit price governs except as provided under Federal Acquisition Regulations (FAR) 14.406, Mistakes in Bids. Unit prices and extended prices shall be rounded to the nearest one cent.

B-4 SUBJECT TO AVAILABILITY OF FUNDS: Funds are currently not available for this project, in accordance with FAR 52.232-18 the Government reserves the right to cancel this order. If funds become available, the Government may issue award, based on best value to Government.

B-5 BASIS OF AWARD: One contract will be awarded to the lowest-price technically-acceptable offer; see Evaluation Factors Attached.

ALL PROPOSALS ARE REQUESTED TO BE SENT VIA EMAIL TO azero@fs.fed.us

NOTICE: FACSIMILE BID AND EMAIL GUARANTEES ARE NOT ACCEPTABLE

Contractor Notes:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. THIS IS A FREE

REGISTRATION.

2. This is a construction project which has the following bonding requirements:

20% bid bond for offers over $150,000 required with offer submission. 100% performance and payment bonds for offers over $150,000 upon award. See Section I for details.

mailto:azero@fs.fed.us http://www.sam.gov/

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION

C1-a) Introduction – The Forest Service (FS) is requesting bids for the removal and construction of a wooden guiderail system at Sabbaday Falls Recreation Site, on Rt 112 in Waterville Valley, NH within the White Mountain National Forest, Saco Ranger District.

The contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies, permits (as applicable), coordination with utilities, transportation, and incidentals necessary to complete the work described. The desired outcome is completed installation per the standards attached to this solicitation, and adherence to the contract awarded. The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract. Work shall be completed as shown in the drawings, maps, specifications, and exhibits as referenced or included in this contract;

and in accordance with applicable federal state and local regulations.

C1-b) Description of Work – Work includes the removal of existing guiderails systems, and installation of new guiderail systems per plans and specifications. The Base Bid includes work closer to the falls (see Plans) while the Bid Option 1 includes work further from the falls. It should be noted that the site will be closed to the public during construction, including the parking area off Rte 112. However, there is an active trail system that returns via the upper trail past part of the project area noted in the plans under Bid Option 1, to the parking lot. There may be a small semi-daily number of public hiking past the upper section of the project area and continuing on the main trail to the parking lot and exiting. The contractor will be responsible for blocking of the area of construction activity including entrance at Rte 112.

C1-c) Project Location –Sabbaday Falls Recreation Area is located on Rt. 112 (Kancamagus Highway in Waterville Valley, NH). The parking area is located 3.4 miles west of Bear Notch Road (seasonal). See also, vicinity maps on enclosed Plans.

C1-d) Price Range – $25,000 to $150,000 (Base and Bid Option 1)

C1-e) Pre-bid Tour – A pre-bid tour at the site is planned for May 2, 2017 at 10am. No additional pre-bid tour is planned.

Prospective bidders wishing to visit the site on their own may obtain directional information by contacting Ken Allen at the Forest Supervisor's Office, White Mountain National Forest, Campton, New Hampshire, telephone (603) 536-6256, or can call the Saco District Office, Conway, New Hampshire, telephone (603) 447-5448.

C1-f) Start Work – It is estimated that site work could begin around June 01, 2017. Site disturbing activities shall be performed consistent with the periods of restriction noted in Plans, Permits, or other instruction.

C1-g) Period of Performance – Work shall be completed 75 days (Base Bid) and 90 days (Base Bid + Bid Option 1) following the notice to proceed (NTP). The Period of Performance includes pre-construction and construction activities such as: obtaining any permit approvals, submittal of fabrication and manufacturing proposals, ordering and delivery of materials; and performance of the work.

C1-h) Government Furnished Materials – None.

Construction RFP Solicitation Number AG-1484-S-17-0007

C1-i) Use of Environmentally-Preferable Materials – Contractor shall use in the work, and incorporate into finished product, bio-preferred materials and supplies whenever available and practical. Submit to the CO for approval prior to ordering materials, product sheets and manufacturer’s information, indicating environmentally-preferable content.

C-2 - PROJECT OPERATIONS

C2-a) Permits –The Contractor shall obtain any permits, or amendments to Government-obtained permits, as necessary for their operations as required by local, state, and federal regulations.

C2-b) Staging Area – The Contractor shall coordinate with the CO on a staging area location(s). The Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads, parking lots, and landscaping.

C2-c) Landscape Preservation – The Contractor shall confine operations to within the clearing limits designated, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside these limits.

Equipment shall be clean and properly-maintained. Leaking or faulty equipment shall be repaired or removed.

Refueling, greasing, or servicing of equipment shall be in controlled areas away from surface waters. Fording of streams or rivers with mechanized equipment shall not be allowed.

If, prior to or during excavation work, items of archaeological, paleontological, or historic value are reported or discovered, or an unknown deposit of such items is disturbed, the Contractor shall immediately cease excavation in the area so affected. Contractor will then notify the Forest Service and will not resume excavation until written approval is given by the authorized officer.

C2-d) Erosion Control – The Contractor is responsible for implementing temporary erosion control. Establish erosion protection methods prior to conducting excavations. Maintain erosion control measures, and improve and replace immediately any non-functioning measures, throughout the course of the project and until site stabilization has been reestablished.

Schedule and conduct operations to minimize erosion of soils and to prevent silting or muddying of stream, rivers, irrigations systems, or impoundments.

C2-e) Dewatering – none anticipated.

C2-f) Spill Prevention – The Contractor shall prepare for approval, and adhere to, a Spill Prevention, Control, and Countermeasures Plan suitable to protect environment from the Contractor’s operations.

Pollutants such as fuels, lubricants, bitumens, sewage, hazardous, or otherwise harmful shall be controlled at the site and prevented from release to the environment. All contaminated soil, vegetation or debris resulting from Contractor’s operation shall be immediately contained and within 24 hours shall be removed from site and legally disposed.

Control the discharge of non-hazardous wash water through sufficient siltation treatments, such as filters, barriers, or settlements. Dispose of any materials containing hazardous-substances legally off national forest system lands.

C2-g) Electrical – There is no electrical service on this project.

Construction RFP Solicitation Number AG-1484-S-17-0007

C2-h) Services – Potable Water is not available. Toilet Facilities are available in this location and will be open to the contractor during the site closure for the duration of the period of work. The Contractor is responsible for maintaining the unit and providing pumping, toilet paper, etc. as necessary during this period.

C2-i) Existing Utilities – The Contractor shall ensure locations of any utilities prior to excavation, trenching, or other ground disturbing activity. The Contractor shall be responsible for protecting or otherwise replacing utilities damaged by Contractor’s operations.

C2-j) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.

Barricades, warning signs, and lights shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. The Contractor shall barricade and block all access to holes with orange plastic fence, flashing amber lights, or warning signs.

Holes or trenches shall not be left open more than 24 hours unless approved by the CO.

C2-k) Maintenance of Traffic – The Contractor shall close the Sabbaday Falls pull-off and parking area to the public after receiving NTP and as approved by the CO. Closure, installation, and maintenance of all traffic control barriers, systems, and signing necessary shall be the contractor’s responsibility and per the latest MUTCD. Payment shall be subsidiary to the Mobilization pay item.

Any emergency vehicle shall be allowed immediate reasonable passage.

C2-l) Protection of Improvements – The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract. Contractor shall replace, or repair, as approved by the CO any improvements, covered under this contract or already existing, damaged by contractors operations.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for protection of surface drainage and minimization of erosion and prevention of spills.

C2-m) Site Cleanup – The Contractor shall be responsible for solid waste disposal and personnel sanitation. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris including, but not limited; to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

C2-n) Other Operations – The contractor shall avoid interference with the operations of other contractors or projects in the area.

C-3- SPECIFICATIONS

This project uses the specification provided and referenced sections of the Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects (FP-14) and the STANDARD SPECIFICATIONS FOR CONSTRUCTION OF TRAILS AND TRAIL BRIDGES ON FOREST SERVICE PROJECTS (see web links).

https://flh.fhwa.dot.gov/resources/specs/ https://flh.fhwa.dot.gov/resources/specs/ https://www.fs.fed.us/recreation/programs/trail-management/trailplans/ https://www.fs.fed.us/recreation/programs/trail-management/trailplans/

Construction RFP Solicitation Number AG-1484-S-17-0007

C-4 - DRAWINGS

The following drawings are applicable to this project and included as attached, see Section J.

SHEET NO. NAME & TITLE

1 S0.01 Cover Sheet 2 S0.02 Structural Notes 3 S1.01 Reference Plan 4 S1.11 Rail Plan 5 S1.12 Rail Plan 6 S1.13 Rail Plan 7 S1.14 Rail Plan 8 S1.15 Rail Plan 9 S1.16 Rail Plan 10 S5.11 Rail Details 11 S5.12 Rail Details 12 S5.13 Rail Details 13 S5.14 Rail Details 14 S5.15 Rail Details

C-5 – PROSECUTION OF WORK

The Contractor shall conduct work within the work periods shown below, and in accordance with applicable permits or regulations. Activities not otherwise restricted may be scheduled at contractor’s preference, when consistent with material limitations, manufacturer’s instructions, and in accordance with approved work schedule and suitable advance notification as required. Work shall be conducted safely, performed diligently, in a workmanlike manner adhering to Plans and Specifications and instructions, and be completed promptly. Contractor shall not suspend work in the area prior to implementing appropriate stabilization and site protection measures, and without approval of CO.

ACTIVITY

Site Closure

WORK WINDOW (dates allowed)

START END

Base Bid 06/01/17 08/14/17

Base + Option 1 06/01/17 08/29/17

C-6 – SUBMITTAL AND NOTIFICAITONS

In addition to submittal of permits, bonds, and other forms required under the contract provisions; below is summary of key submittals and timeline, contractor shall refer to and adhere to applicable submittals and certifications noted in the Plans and Specifications for complete requirements.

Submittal Schedule:

ITEM TIMELINE

o Contractor’s Safety Plan and Traffic Control Plan Upon Issuance of Notice to Proceed o Contractor’s Spill Prevention ,Control, and

Countermeasures Plan Upon Issuance of Notice to Proceed o List of Subcontractors and Suppliers* Upon Issuance of Notice to Proceed o Contractor’s Quality-Control Plan Upon Issuance of Notice to Proceed o List of Emergency contact names, numbers and title of personnel.

2 weeks before mobilization

Construction RFP Solicitation Number AG-1484-S-17-0007

ITEM TIMELINE

o Manufacturer’s Fabrication Drawings and Design

Calculations 21 days prior to production o Construction Schedule 2 weeks before mobilization o Designation of Contractor’s on-site superintendent 2 weeks before mobilization o Aggregate and stone screen reports Prior to hauling and placement o Delivery load slips; such as aggregate, borrow, concrete, and asphalt Upon Delivery o Manufacturing test results and Material Production certifications

As required o Quality control in-place test results As required o Manufacturer’s instructions, Warranty Information, and Supplemental Data Upon Delivery o As-built Drawings Upon Completion o Proper Invoices As required o Progress certifications and quantity measurements With Invoices o Certificates of Payment With Invoices o Certified Payroll Reports Weekly

* "List of Subs & Suppliers" assumes that an Item which meets Specifications as written is supplied. Evaluation of product substitution requires review and approval by the CO/COR, and may require longer schedule.

Notification Schedule:

The following events require an advance written notification to the COR. Notifications may be faxed, mailed, emailed, or hand delivered.

EVENT PRIOR NOTICE REQUIRED

o Change in Schedule As soon as identified o Change in Subcontractors or Suppliers As soon as identified o Intent to close site or alter public traffic 21 days o Intent to mobilize or to suspend 14 days o Intent to dewater or impact streams 14 days o Intent to start excavation 48 hours o Intent to deliver structural components 14 days o Intent to place structure or backfill against structure (including laying pipe) 48 hours o Intent to install incidental or ancillary items As progressing

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Construction RFP Solicitation Number AG-1484-S-17-0007

C.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Biobased; (applicable if FAR Clause 52.223-2 is included)

(2) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

EG.

Biobased or Environmentally Preferred Products

Potential biobased, recycled-content, or recovered-content products for use on this project include, but are not limited to:

• Concrete curing compounds

• Concrete form release compounds

• Erosion control blankets

• Fertilizer

• Tackifier

• Cement replacement materials (not to exceed percent mass allowed per Specifications)

• Traffic barricades

C1.1.2 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

EG. Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.2 SAFETY AND HEALTH

2.1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

http://www.sam.gov/ http://www.biopreferred.gov/ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Construction RFP Solicitation Number AG-1484-S-17-0007

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in

Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20402.

2.1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

2.1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

2.1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

2.3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

2.3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

2.3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

Construction RFP Solicitation Number AG-1484-S-17-0007

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION D--PACKAGING AND MARKING

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

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 90 calendar days after the date the contractor receives the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 __TBD_________.

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

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 for a contract claim.

G.2 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

Construction RFP Solicitation Number AG-1484-S-17-0007

G.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

RELEASE OF CLAIMS

To be submitted with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

Construction RFP Solicitation Number AG-1484-S-17-0007

G.4 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

Page of Unit (Region, Forest, District) Project: Contract No.

Name of Contractor: Invoice No. Invoice Date:

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

Construction RFP Solicitation Number AG-1484-S-17-0007

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

Construction RFP Solicitation Number AG-1484-S-17-0007

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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): http://farsite.hill.af.mil/

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 & Requirements to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 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 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 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) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (AUG 2016) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (NOV 2016)

Alternate II (NOV 2016) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirement (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) http://farsite.hill.af.mil/

Construction RFP Solicitation Number AG-1484-S-17-0007

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 Exceeding $15,000 (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 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 (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under 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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP

2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY

2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 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) 52.228-5 Insurance – Work on a Government Installation (JAN 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) (Applicable over $150,000) 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 (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) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

Construction RFP Solicitation Number AG-1484-S-17-0007

52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 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)

(Applicable if contract is over $35,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Construction RFP Solicitation Number AG-1484-S-17-0007

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

http://uscode.house.gov/

Construction RFP Solicitation Number AG-1484-S-17-0007

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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.

52.223-1 -- Biobased Product Certification.

As prescribed in 23.406(a), insert the following provision:

Biobased Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/23.htm#P187_21994

Construction RFP Solicitation Number AG-1484-S-17-0007

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the NEAT Contracting Supervisor, 4 Farm Colony Drive Warren PA 16365.

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.