Sections_A-M_FL_Butternut_FenceConstructionRFQ_FAC64.rtf

Construction RFQ

AG-24H8-S-13-0009

FY 13 Butternut Fence Finger Lakes National Forest

REQUEST FOR QUOTATION

PAGE OF PAGES

(THIS IS NOT AN ORDER)

THIS RFQ

IS

IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT.DEF.

RATING

AG-24H8-S-13-0009

02/25/2013 627671

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY

6. DELIVER BY (Date) Green Mountain National Forest, 231 North Main Street, Rutland, VT 05701 See Section F 5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

FOB DESTINATION

NAME

TELEPHONE NUMBER

OTHER (See Schedule)

Kathy Bosch Paul Widowski

AREA CODE

NUMBER

747-6752 546-4470

9. DESTINATION

Finger Lakes, Hector, NY

a. NAME OF CONSIGNEE

8. TO:

Green Mountain & Finger Lakes National Forest

a. NAME

b. COMPANY

b. STREET ADDRESS

231 North Main Street

c. STREET ADDRESS

c. CITY Rutland,

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE

VT

05777

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS 4:30 p.m.

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 3/25/2013 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) FY 13 Butternut Fence Project – Finger Lakes National Forest, Hector, NY

Enter pricing on schedule of items in section B Price Range: The Government Estimate is: Under $25,000

.Fax Quotes will be accepted at 802-747-6766. Please contact Kathy Bosch at 802-747-6752 to verify fax receipt.

a. 10 CALENDAR DAYS (%)

b. 20 CALENDAR DAYS (%)

c. 30 CALENDAR DAYS (%)

d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

15. DATE OF

a. NAME OF QUOTER

SIGN QUOTATION

QUOTATION

b. STREET ADDRESS

16. SIGNER

a. NAME (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or Print)

NUMBER

NSN 7540-01-152-8084

Previous edition not usable 18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Blank Page

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items for FY 13 Butternut Fence

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

1 Butternut Fence Construction LF 1000 $________ $________

LF=Linear feet

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

NOTES:

Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

There is no pre-bid meeting. Contractors should visit the sites independently.

There is a requirement to submit a technical proposal with your offer. See Section L & M for preparation instructions.

Award will be made to one quoter.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Specifications Butternut Seed Orchard Fence Hector, New York

SCOPE OF WORK

Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described to prevent deer from browsing on planted Butternut seedlings. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

The project location is within Compartment 8, Stand 102. This area is called “Cook Grassland for Wildlife” and is about 39 acres and is classified as Grassland for Wildlife; the proposed location is adjacent to Schuyler County Route 1 (Searsburg Road).

The project site has four wooden stakes with orange ribbon attached to identify the site and fence corners (see attached location map). The successful contractor shall complete this project by August 30, 2013. The contractor shall submit a schedule of work for approval, prior to commencing work. If the contractor deems it necessary to work after normal working hours or on the weekend, 48 hours notification to the COR is required.

This contract shall consist of furnishing materials and installing all components of 8 foot high 12.5 gauge minimum woven wire fence (class 3 galvanization) with a 8 foot by 8 foot gate (see more specifics below). The fencing area will follow the perimeter of approximately 255 x 255 square foot area on Finger Lakes National Forest property. The project location is in a relatively level open field.

The contractor is responsible for following manufacturers installation specifications and for providing all specifications to the COR prior to construction.

ALL BIDDERS ARE STRONGLEY ENCOURAGED TO EXAMINE THE WORK SITE PRIOR TO SUBMITTING A BID.

Disputes. Follow the requirements of FAR Clause 52.233‑1 Disputes.

When requesting a CO's decision on an interpretation of contract terms for the recovery of increased costs, quantify the amount and, if required by FAR Clause 52.233-1, certify the amount. Include an explanation of the interpretation of contract terms, the contract clause under which the claim is made, all supporting documentation, and adequate cost data to support the amount claimed.

CONTROL OF WORK

Authority of the Contracting Officer (CO). The CO may delegate authority to representatives to decide on acceptability of work, progress of work, suspension of work, interpretation of the contract, and acceptable fulfillment of the contract. The term "CO" includes all authorized representatives of the CO, including inspectors, acting within the limits of their authority as delegated by the CO.

Authority of Inspectors. Inspectors are authorized to inspect all work including the preparation, fabrication, or manufacture of material for the project. The inspector is not authorized to alter or waive contract requirements, issue instruction contrary to the contract, act as foreman for the Contractor, or direct the Contractor's operations. The inspector has authority to identify non-conforming work until the issue can be referred to and decided by the CO. The inspector may take necessary action to prevent imminent and substantial risk of death or injury including stopping work.

CONTROL OF MATERIAL

Source of Supply and Quality Requirements. Follow the requirements of FAR Clause 52.236-5 Material and Workmanship.

Select sources and provide acceptable material. Notify the CO of all proposed sources before delivery to the project to expedite material inspection and testing. Do not incorporate material requiring submittal into the work until approved.

Storing and Handling Material. Store and handle material to preserve its quality and fitness for the work. Stored material approved before storage may again be inspected before use in the work. Locate stored material to facilitate prompt inspection.

Do not use private property for storage without written permission of the owner or lessee. Furnish copies of all agreements.

The Contractor is responsible for the security of all stored material.

MATERIAL

Woven Wire. Furnish 12.5 gauge steel galvanized (class 3) woven wire fencing conforming to AASHTO M 279. Before fence material is to be chosen for installation, fence material will be approved by the Forest Service to ensure it meets the above standards. Several brands are available on the market that meet the above requirement.

Fence Gates. A standard metal deer/game gate that is 8 feet high and 8 feet wide constructed out of 14 gauge pipe with 1.9” outside diameter. Gate should be wide enough to drive a pick up thru and mounted with the ability to swing away from the enclosure.

Fence Posts. Fence posts shall be CCA treated round wooden posts. Fencing materials shall be new, of high quality and durability and constructed to meet the intended purpose.

Round Corner posts & Gate Post (in which the gate is hanging from) shall be a minimum of 8” in diameter and set at least 6 feet in the ground.

Round line posts shall be a minimum of 6” in diameter and set at least 4 feet in the ground.

Posts shall be of sufficient height and long enough to be driven into the ground in accordance with the fence manufacturers specifications with a final fence height of 8 feet. Installation (distance) of posts will be in accordance of the fence manufacturer’s specifications.

All corner posts, terminal posts and line posts and cables shall conform to the manufacturer’s specifications for fence.

All fasteners and hardware shall be in accordance with the fence manufacturer’s specifications.

The following photograph represents the type of fence we are looking for.

file_0.jpg file_1.wmf

CONSTRUCTION REQUIREMENTS

The following items shall apply during construction.

Clear along the fence line if needed. Remove and dispose of any trees, brush, logs, and upturned stumps, roots of downed trees, rubbish, and debris. Clear a 3-foot width for fence.

Grubbing is not required except where short and abrupt changes in the ground contour require removal of stumps to properly grade the fence line. Remove or close cut stumps within the clearing limits.

Perform clearing and leveling with minimum disturbance to the terrain outside the fence line.

Posts. Where posts cannot be set to the specified depth, they must be set in concrete to secure them. Set post in a hole that is at least 24 inches deep, with a diameter that is at least three times the diameter of the post. Concrete shall be sloped at the top to provide positive drainage away from the post. Where solid rock is encountered without overburden, drill line post holes at least 14 inches deep. Drill end, corner, gate, and pull posts at least 20 inches deep in the solid rock. Make the hole width or diameter at least 1 inch greater than the post width or diameter. Cut the post to the required length before installation or drill the hole deep enough to set the post at the required height. Set and plumb the post and fill the hole with cement. Thoroughly work the cement into the hole to eliminate voids. Crown the cement to drain water away from the post.

Where solid rock is covered with soil or loose rock overburden, set posts to the plan depth or to the minimum depth into the solid rock as specified above, whichever is less. When solid rock is encountered before the plan depth, cement the portion of the post in solid rock and backfill the post hole from the solid rock to the top of the ground with concrete.

Gate. The following may apply.

Provide 2 foot long section of stout chain that can be used to lock the gate shut with a FS brass padlock (lock will be provided).

Metal gates. Firmly attach the fittings to the posts and gates. Hinge each single gate to prevent removal of the gate without tools. Set the gate in an approximately horizontal plane. Set the gate so it swings freely outward and can be fastened securely (via chain and lock) to the other post.

12.5 Gauge Woven Wire Fence. Apply tension according to the manufacturer's recommendations using a mechanical stretcher or other device designed for such use. Evenly distribute the pull over the longitudinal wires in the woven wire so not more than 50 percent of the original depth of the tension curves is removed. Do not use a motor vehicle to stretch the wire. Splicing of woven wire between posts is permitted provided not more than two splices, spaced a minimum of 50 feet apart, occur in any one run of fence. Use wrap or telephone type splices for the longitudinal woven wire with each end wrapped around the other wire for not less than six complete turns.

Fastening woven wire. Terminate the woven wire at each end, corner, gate, and pull post. Wrap each line of wire and each longitudinal wire of the woven wire around the post and then itself with at least four turns. Staple the wires tightly to the posts.

At line posts, fasten the woven wire to the post at top and bottom and at intermediate points not exceeding 12 inches apart. Fasten each strand of wire to each line post. On wood line posts, drive U-shaped staples diagonally across the wood grain so that both points do not enter between the same grain. In depressions where wire uplift occurs, drive staples with points slightly upward. On level ground and over knolls, slope the points slightly downward. Drive the staples just short of actual contact with the wires to permit free longitudinal movement of those lines and to prevent damage to the protective coating.

At grade depressions, alignment angles, and other locations where stresses tending to pull posts from the ground or out of alignment are created, snub or guy the wire fence. Attach the guy wire to each strand of wire and to the top and bottom wires of woven wire in a manner to maintain the entire fence in its normal shape. Attach the guy wire to a deadman anchor buried not less than 24 inches in the ground or to an approved anchor at a point that best serves to resist the pull of the wire fence. If necessary to guy the fence in solid rock, grout the guy wire in a hole 2 inches in diameter and 10 inches deep. Deadman may also be fastened to posts. Place the deadman anchors at locations as directed.

Where required, install vertical cinch stays as shown. Twist the wire to permit weaving into the horizontal fence wires to provide rigid spacing. Weave wires and the top, middle, and bottom wire of the woven wire, as applicable, into the cinch stay.

Where existing fence intersects the new fence, cut the existing fence materials or, splice in kind, new material as necessary, and fasten each longitudinal wire of the woven wire and each strand of the barbed wire to a new end post in line with or immediately adjacent to the new fence line.

ACCEPTANCE OF WORK

Conformity with Contract Requirements. Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform work according to the contract requirements. Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is stricter.

Remove and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.

As an alternative to removal and replacement, the Contractor may submit a written request to:

(a) Have the work accepted at a reduced price; or

(b) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

Certification. For material manufactured off-site, use a manufacturer with an ISO 9000 certification or an effective testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or specification standard to which it is produced.

MEASUREMENT AND PAYMENT

Measurement of Work. This project is based on a linear feet basis. Payment will be paid in full for completed work after the final inspection.

MEASUREMENT AND PAYMENT

Measurement of Work. This project is based on a linear feet basis. Payment will be paid in full for completed work after the final inspection.

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.

Biobased & Recycled Content Products

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that are required for performance of this construction project.

See Section J for a list of categories of biobased/biopreferred products. In the performance of work on this contract, use at least on biobased product from the list, and circle it when submitting quotation. It must meet the minimum biobased percentage as shown on the website listed below.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp

The following is a list of categories for EPA designated products (recycled content) that are required for performance of this construction project.

Cement and concrete containing coal fly ash

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm" http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm If the contractor cannot obtain this product, please review the website to see if there is an available source there, or this product may be waived in the event that a biobased product from the biobased list is used.

SAFETY AND HEALTH

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.

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.

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.

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.

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

2.1 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

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.

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.

3.3 ENVIRONMENTAL PROTECTION

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

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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within _10___ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60____ The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

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_________.

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.

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.

H-2 SAFETY

FAR 52.236-13 Accident Prevention (NOV 1991)

The following are some safety hazards which have been identified while performing construction/reconstruction activities on the National Forest. The Contractor shall provide a written, job specific safety plan addressing these hazards at the pre work meeting.

1. Traffic Hazards A. Narrow, gravel- or native-surfaced forest roads

1. Construction traffic

2. Recreational traffic (including ATV’s)

3. Dusty conditions when the following or meeting other vehicles

4. Rough running surface

B. Obstructions In Road

1. Livestock and wildlife

2. Rolling rocks

3. Downed timber

2. Work Environment A. Weather/Heat/Cold B. Bees nests C. Ticks D. Uneven ground E. Snags/hazard trees F. Personal safety equipment

3. Truck Driving & Trailer Towing A. Stopping distance B. Loads securely lashed C. Clearances (power lines, etc.)

D. Steep grades

4. Excavation A. Slope stability B. Trench stability (CMP’s etc.)

C. Loose material/rolling rock D. Noise E. Water

5. Heavy Equipment Operation While operating or working adjacent to or near heavy equipment, strict attention should be given to safety procedures. Injury, disability, or death may occur during any of the following:

A. Backing B. Clearance around backhoes/excavators/cranes C. Steep side slopes or soft ground/rollover D. Refueling E. Equipment limitations F. Unsafe equipment / lack of safety equipment (hard hats, chaps, and other job-specific safety equipment) G. Operator failure H. Overhead hazards when cranes or excavators are operating during heavy lifting operations I. Trailer, bucket, and other connections or retrofitting J. Loud noise K. Restricted sight distance L. Reduced hearing capability of operator due to equipment noise M. Overhead hazards when working near equipment N. Heavy loads, including dead and live weight O. Transport failures and accidents

1. Unstableness

2. Tie-downs

3. Loading/unloading hazards

6. Communications

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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012)

(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 the environmental point of contract identified in paragraph (d) of this clause, 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 not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: _Kathy Bosch, 802-747-6752, mkbosch@fs.fed.us.

(End of clause)

FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)

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

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

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

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

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

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

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

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

____________None____________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

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

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [Department of Agricuture Regulation ] (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

Order of Precedence—Uniform Contract Format Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

The Schedule (excluding the specifications)

Representations and Other Instructions Contract Clauses Other Documents, Exhibits, and Attachments The Specifications Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J1 – Finger Lakes National Forest Butternut Seed Orchard Project Vicinity Map J2 – Davis Bacon Wage Determination (01/25/2013 NY130051) J3 – Technical Evaluation Forms

J-2 General Decision Number: NY130051 01/25/2013 NY51

Superseded General Decision Number: NY20120051

State: New York

Construction Type: Heavy

Counties: Allegany, Cattaraugus, Cortland, Schuyler, Seneca, Steuben, Tompkins, Wyoming and Yates Counties in New York.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 01/04/2013 1 01/25/2013

ELEC0041-005 05/28/2012

CATTARAUGUS (Townships of Ashford, East Otto, Ellicottville, Farmersville Freedom, Franklinville, Lyndon, Machias, Mansfield, New Albion, Otto, Perrysburg, Persia and Yorkshire) WYOMING (Townships of Arcade, Attica, Bennington, Eagle, Java, Orangeville, Sheldon and Wetherfield)

Rates Fringes

CABLE SPLICER....................$ 33.64 3%+20.25

ELECTRICIAN......................$ 32.14 3%+20.25

ELEC0041-006 05/28/2012

CATTARAUGUS (Townships of Ashford, East Otto, Ellicottville, Farmersville Freedom, Franklinville, Lyndon, Machias, Masnfield, New Albion, Otto, Perrsburg, Persia and Yorkshire) WYOMING (Townships of Arcade, Attica, Bennington, Eagle, Java, Orangeville, Sheldon and Wetherfield

Communications System

CABLER......................$ 9.00 14.05+3%

INSTALLER...................$ 15.55 14.05+3%

MASTER TECHNICIAN...........$ 23.76 14.05+3%

SOUND WIREMAN...............$ 21.60 14.05+3%

Work covers low voltage construction, installation, maintenance, and removal of teledata facilities (voice, data and video) including outside plant, telephone and data inside wire, interconnect, terminal equipment, central offices, PABX fiber optic cable and equipment, railroad communications, micro waves, V-Sat, bypass, CATV, WAN (wide area networks); LAN (local area networks) and ISDN (integrated systems digital network). Also, installation of sound systems, nurses call systems, intercom systems, staff registry/locating/signaling systems, antenna systems and associated devices; installation of security systems and apparatus, and cabling from VDT's to computers. This work does not apply to new construction, or to the installation of raceway systems and boxes for the above work.

FOOTNOTE:

a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day.

ELEC0043-006 06/01/2012

CORTLAND AND TOMPKINS COUNTIES

Rates Fringes

ELECTRICIAN......................$ 32.05 3%+19.67

ELEC0086-003 05/28/2012

WYOMING (Remainder of County)

Rates Fringes

ELECTRICIAN......................$ 30.60 5%+18.72

* ELEC0106-001 01/01/2012

ALLEGANY (Townships of Alma, Belfast, Belmont, Bolivar, Coneadea, Centerville, Clarksville, Cuba, Friendship, Genesee, New Hudson, Rushford, Scio and Wirt CATTARAUGUS (Remainder of County)

CABLE SPLICER....................$ 33.82 5.5%+17.95

ELECTRICIAN......................$ 30.75 5.5%+17.95

ELEC0139-002 06/04/2012

ALLEGANY (Remainder of County), SCHUYLER (Remainder of County)

AND STEUBEN COUNTIES

ELECTRICIAN......................$ 32.00 20.21

ELEC0241-002 06/01/2011

SENECA (Townships of Covert and Lodi) AND SCHUYLER (Townships of Catharine, Cayuta, Hector)

ELECTRICIAN......................$ 31.50 21.15+3%

ELEC0840-003 06/01/2012

SENECA (Remainder of County) AND YATES COUNTY

Rates Fringes

ELECTRICIAN......................$ 29.30 18.25

* ELEC1249-003 05/07/2012

Rates Fringes

LINE CONSTRUCTION: Lineman

(LIGHTING AND TRAFFIC SIGNAL

Including any and all Fiber Optic Cable necessary for Traffic Signal Systems, Traffic Monitoring systems and Road Weather information systems) Flagman.....................$ 23.70 7%+18.25 Groundman Truck Driver (tractor trailer unit)......$ 33.58 7%+18.25 Groundman Truck Driver......$ 31.60 7%+18.25 Lineman & Technician........$ 39.50 7%+18.25 Mechanic....................$ 31.60 7%+18.25

FOOTNOTE:

a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, plus President's Day, Good Friday, Decoration Day, Election Day for the President of the United States and Election Day for the Governor of the State of New York, provided the employee works the day before or the day after the holiday.

* ELEC1249-004 05/07/2012

Rates Fringes

Line Construction:

Overhead and underground distribution and maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, fiber optic shield wire or any other like product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities (where no other trades are or have been involved):

Flagman....................$ 25.63 7.5%+18.25+a Groundman digging machine operator...................$ 38.45 7.5%+18.25+a Groundman truck driver (tractor trailer unit).....$ 36.31 7.5%+18.25+a Groundman Truck driver.....$ 34.18 7.5%+18.25+a Lineman and Technician.....$ 42.72 7.5%+18.25+a Mechanic...................$ 34.18 7.5%+18.25+a Overhead transmission line work (where other trades are or have been involved):

Flagman....................$ 26.29 15.00+6.5%+a Groundman digging machine operator...................$ 39.44 15.00+6.5%+a Groundman truck driver (tractor trailer unit).....$ 37.25 15.00+6.5%+a Groundman truck driver.....$ 35.06 15.00+6.5%+a Lineman and Technician.....$ 43.82 15.00+6.5%+a Mechanic...................$ 35.06 15.00+6.5%+a Substation:

Cable Splicer..............$ 46.99 7.5%+18.25+a Flagman....................$ 25.63 7.5%+18.25+a Ground man truck driver....$ 34.18 7.5%+18.25+a Groundman digging machine operator...................$ 38.45 7.5%+18.25+a Groundman truck driver (tractor trailer unit).....$ 36.31 7.5%+18.25+a Lineman & Technician.......$ 42.72 7.5%+18.25+a Mechanic...................$ 34.18 7.5%+18.25+a Switching structures;

railroad catenary installation and maintenance, third rail type underground fluid or gas filled transmission conduit and cable installations (including any and all fiber optic ground product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities), pipetype cable installation and maintenance jobs or projects, and maintenance bonding of rails; Pipetype cable installation Cable Splicer..............$ 46.99 7.5%+18.25+a Flagman....................$ 25.57 15.00+6.5%+a Groundman Digging Machine Operator...................$ 38.35 15.00+6.5%+a Groundman Truck Driver (tractor-trailer unit).....$ 36.22 15.00+6.5%+a Groundman Truck Driver.....$ 34.09 15.00+6.5%+a Lineman & Technician.......$ 42.61 15.00+6.5%+a Mechanic...................$ 34.09 15.00+6.5%+a

TELEPHONE, CATV

FIBEROPTICS CABLE AND

EQUIPMENT

Cable splicer..............$…