ConstructionRFQ_OfferorsCopy_.docx

Construction RFQ

AG-24H8-S-16-0017

FY16 MRD Fence Construction

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

Allegheny National Forest Carol Northrop 4 Farm Colony Drive Warren, PA 16365

131 Smokey Lane

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

Enter pricing on schedule of items in section B

www.sam.gov in order to submit an offer on this project.

ENTER DUNS Number ________________________

Email submissions (carolnorthrop@fs.fed.us) will be accepted.

No faxes will be accepted.

Offerors Copy – Please keep for your records.

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Construction RFQ

AG-24H8-S-16-0017

FY16 MRD Fence Construction

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

ITEM 1

Area 1 FR 228B End DQ LF 4,395’ $______ $______

Area 2 FR 184 DQ LF 2,913’ $______ $______

Area 3 FR 184 End DQ LF 2,830’ $______ $______

TOTAL ITEM 1 10,138’ $______

NOTES:

a. There is a requirement for payment protections (Irrevocable Letter of Credit (ILC) or payment bond) if quote is over $30,000. The payment bond or ILC will be for 100% of the award price. See Section I for additional information. There is no bid guarantee required.

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

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

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

e. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

f. Under Method of Measurement, "DQ" stands for Design Quantities.

The quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available. Changes in the number of units shown may be authorized under any of the following conditions:

· As a result of changes in the work authorized by the Contracting Officer.

· As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

· As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designated quantity is believed to be in error.

Pay unit "LF" stands for linear feet.

g. This Solicitation will result in a firm, fixed price construction contract. One of the requirements is that the Contractor pay their employees the Davis Bacon wages and fringes specified in Section J. Weekly certified payrolls to that effect must be submitted, and the workers may be questioned in this regard.

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: _______________________________________________________________.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract

It is the objective of this contract to build fences around timber stands to keep the deer out and prevent tree seedlings from being browsed.

It is the purpose of this contract to construct eight foot woven wire fence (7 to 8 foot high with up to 1 foot overlap on the ground) in forested areas on the Allegheny National Forest. The Contractor is responsible for furnishing all supervision, labor, equipment, tools, materials, and incidentals (except as noted in 160 - Government Furnished Property) necessary to complete the work.

Project Location

Refer to Attached Maps Area 1- FR 228B. Take State Route 3002 to Forest Road 228. Follow FR 228 north to FR 228B on the right (approximately 3.25 miles). Go through the gate (it is locked open) until you reach the second gate. The fence is about 860’ past the second gate. This gate will be opened for the contractor at time of work. The fence line is flagged in orange and there is a pink tag posted. The terrain is generally flat. The east side borders Game Lands #28 and the north side follows FR 228B.

Area 2 – FR 184. Take State Route 3002 to Forest Road 228 to FR 184 on the right (about 2.7 miles). Go through the gate (it is locked open). The fence is about .7 miles from the gate on the left. An oil and gas road splits the area and the fence is 2 areas one on each side of this road. The fence line is flagged in orange and there is a pink tag posted. The terrain is generally flat except were the fence comes back to the road on the northwest corner. The area is rocky.

Area 3 - FR 184 End of Road. From Area 2, continue down FR 184 for about another mile. The fence line is flagged in orange and there is a pink tag posted. The terrain is flat but seasonally wet. The fence follows FR 184 along the south side.

Price Range

The Government's estimate is:

between $25,000 and $100,000

TECHNICAL SPECIFICATIONS –

WOVEN WIRE FENCE CONSTRUCTION

210 - Project Description

211 - Boundary

The fence line has been marked with orange flagging with a pink tag that says:”fence construction”. The Contractor may elect to make slight changes in the location of the fence, however these changes must be approved by the Forest Service prior to erecting the fence.

212 - Hazard Tree Felling

The COR will designate any hazard trees which are to be felled at the time of implementation of the project (either by paint or flagging). Hazard trees are dead or dying trees, split trees, heavily leaning trees, or root-sprung trees that are in a position to fall across the fence location. No hazard trees on private property will be designated and all property lines including rights of ways shall be kept free of slash or other fence construction debris.

213 - Fence Row Clearing

The Contractor will clear a path at least eight feet wide but less than twelve feet wide, of heavy brush, stumps, large rocks or other obstructions. This path, which will lie outside the fence, serves as the access corridor for erecting the fence, and serves as an access for ATV/UTV’s for maintenance of the fence for the next 5 to 8 years. It may not however be necessary to disturb the ground around the entire perimeter. In cases where the ground is generally level, free of stumps and large rocks, ground disturbance will not take place. A small bulldozer or equivalent represents a good machine to use to clear this corridor and level off high and low spots to reduce the amount of fill needed under the fence. The Contractor shall be responsible for, and may be charged for, damage to standing trees.

214 - Fence Supports

The Contractor shall erect the fence by fastening the fence to posts or trees. All trees will be protected by placing a 2x4 board between the fence and the tree and stapling the fence to the board. Trees under 4" DBH are not to be used nor are striped maple trees. Boards will be fastened to trees with no more than 2 nails. One on the top and one on the bottom (the bottom being below stump height (<12")). Black cherry trees or veneer quality trees will not be used unless prior approval is given by the Forest Service on a case by case basis. It has been found that by nailing into black cherry, that the nails will cause staining thus causing a defect in the wood of the tree. Maximum distance between steel posts, wooden posts or trees will be no greater than 30 feet.

It is not the intent of the Forest Service to have straight fence lines. Trees will be used for support where available along the flagged location. Posts will be used where tree support is not available within the 30’ maximum span.

Posts that are not in line (corners for example) will be treated wood, 6"x 6" square, or 4-5" diameter round and braced or supported in place. In-line post may be the same as the previously mentioned wood post, or steel post that weigh 2 lb/ft. All posts will be at least ten (10) feet long set at least 2 feet into the ground. Corner posts will be braced and/or guy wired to withstand the pull of the fence without bending or pulling out of the ground. Guy wire should be secured by posts and not by nearby trees.

215 - Fence Stretching

Ideally, the fence will be at least 7 feet high with up to a one foot overlap on the ground pulled to the outside of the fence. The fence will be stretched so that the wire is pulled against a post, corner or turning support. The contractor will stretch the fence either on the inside or the outside of supports so the fence tension is against the support not pulling away from the support. The top and bottom rolls of fence will be fastened to each other at least every 6 feet by hog rings or heavy duty ring fasteners. The bottom wire of the top roll shall be fastened to the top wire of the bottom roll. Where a post is used, the fence must be secured to the post a minimum of four places with one being the top wire of the top section.

216 - Securing the Fence Bottom

The fence must be constructed so that deer will be unable to crawl under the fence. This can be achieved by leaving a one foot overlap on the ground to the outside of the fence which is anchored to the ground with stakes or stapled to sound wood chunks, a minimum of every 10'. An alternative method is to bring the fence to the surface of the ground and fill the gaps between the ground and fence that are over 3 inches high and 6 inches long with pieces of sound wood stapled to the fence bottom, attached pieces of fence wire or large rocks. No part should be loosely laying on the ground, the entire bottom perimeter should be tight. Dirt excavated from the cleared path may be used however, the contractor will be responsible for appropriate erosion prevention (see Section 231). The Forest Service may designate certain areas where it has determined the need for sound wood to be used rather than excavated dirt. For example, concerns due to terrain etc. These areas would be designated on the ground by the COR or inspector.

217 - Deer Drive

Prior to closing up each fence area, the Contractor shall conduct a deer drive to chase out any deer within the fence area. The Contractor may need to leave multiple holes in order to get the deer out and shall time the drive so that the fence is closed a short time after the drive is completed (e.g. the same day).

218 - Public Access Walkthrough Gates - Required on all newly constructed fences See Exhibit C drawing. The location will be flagged by the Forest Service Inspector and the general location is shown on the maps. The number of gates needed per fence is listed in Exhibit E.

219 – Vehicle Access

Vehicle Access Gates - Specifications for construction are in Exhibit D. If required, the location will be flagged by the Forest Service Inspector or the COR. For number required for each fence see Exhibit E.

220 - Fence Material

221 – Fence

The fence will be 8 foot high, using 2, 47" rolls of galvanized steel woven wire fencing. Fence will have no more than 6" between stay wires, at least 10 graduated line wires, 12 1/2 gauge top and bottom wires, and 14 gauge line & stay wires.

222 - Fasteners

Fence staples will be 1 ¼ to 1 ½” in length. No staples will be driven into trees. Nails used to secure the 2x4 boards should be no larger than 16d. Ties to secure the fence to metal poles will be 14 gauge stainless ties. Hog rings may be used to fasten the top fence to the bottom fence as described in 215 - Fence Stretching. No aluminum wire, hog ring, etc. will be used in the construction of the fence because porcupines will find it, eat it, and damage the fence.

230 - Vehicle Operation

Vehicles may be operated down the area cleared for the fence. Vehicle may not cross the interior of the area to the fence except with approval of the COR. Vehicles may not travel on pipeline rights of way.

231 - Erosion Prevention

Equipment shall not be operated when ground conditions are such that excessive damage will result. Contractor shall construct cross ditches, dips, or berms along cleared path as marked on the ground. Insloping or outsloping may be needed for proper drainage and to minimize rutting. The contractor will be required to fill in areas which become excessively rutted during work, or install water bars, dips etc. on steep and poorly drained portions of the cleared path. Small streams or seeps including adjacent banks which cannot be avoided will be cleared by hand; not by bulldozer. If bulldozer crosses them they must be corduroyed with logs or poles to stabilize the crossing and minimize earth disturbances and siltation.

240 - Clean Up

The Contractor shall remove all trash and debris generated in performance of this contract.

250 - Payment

Any fence completed when snow cover is greater than 3" and inspection of the bottom edge of the fence is not possible, will not be completely accepted or paid for until spring.

260 - Safety

261 - Contractor will ensure that he and all employees use appropriate personal protective clothing and equipment. Appropriate clothing shall be based on the type and characteristics of the task anticipated. For example: felling hazard trees. Appropriate clothing shall be but is not limited to: protective chaps, hardhats, eye protection, hearing protection, boots and gloves.

262 - It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

270 - Special Conditions

271 -In items where the fence perimeter runs along a Forest Road, the fence will be located outside of the clearing limits of the road (generally, 30 feet from the edge of the road or as flagged), unless otherwise designated by the COR.

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.

Biobased & Recycled Content Products

The contractor must comply with Section 9002 of the Farm Security and Rural Investtment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green 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, recycled content, energy star, and environmentally preferable products.

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

2x4 non treated pine boards.

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.

No products are listed

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

The following is a list of Energy Star Products that are required for this construction contract:

No products are listed

More information regarding Energy Star products can be found at http://www.energystar.gov/

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

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

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 may (a) commence work under this contract starting June 13, 2016, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 28, 2016 (138 calendar days). The time stated for completion shall include final cleanup of the premises.

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 October 28, 2016. The time stated for completion shall include final cleanup of the premises.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by __June 13, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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 scheduled at time of award.

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

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.

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.

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://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

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 (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

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

(ii) At the end of contract performance.

FAR 52.225-9 Buy American Act-Construction Materials (MAY 2014)

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

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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:

[Contracting Officer to list applicable excepted materials or indicate “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 statute 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 statute 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 statute.

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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

Item 1:

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 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to contracts greater than $30,000 and less than or equal to $150,000)

(a) The Contractor shall submit one of the following payment protections ____Payment Bond___________________________________________ ____Irrevocable Letter of Credit__________________________________________

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _10__ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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.

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

J1 – Drawings and Maps J2 – Davis Bacon Wage Determination (04/01/2016 PA4) J3 – Technical Evaluation Forms

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

Reporting Questions: HelpDesk@vets100.com

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _____238990______.

(2) The small business size standard is __15 million___.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical…