Solicitation_Duncan_Ridge_FY17.pdf

AG-435H-S-17-0029

Chattahoochee-Oconee NF

BRRD Duncan Ridge Trail Reroute

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ XXX IS IS NOT A SMALL BUSINESS SET- ASIDE 1 49

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-435H-S-17-0029 September 6, 2017 872744

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

Chattahoochee-Oconee National Forests

Attn: Lori Austad

1755 Cleveland HWY

Gainesville, GA 30501

Estimated Start Work Date: October

18, 2017

Projection Completion Date: December

21, 2018 5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER X OTHER (See Schedule)

Lori Austad, CO

AREA CODE

NUMBER

297-3055

9. DESTINATION

Deborah Byrd , COR 770 297-2926 a. NAME OF CONSIGNEE

8. TO: Sec. C - Location & Description

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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

September 29, 2017 at 4:30 PM ET e-mail to laustad@fs.fed.us Fax Copies will not be Accepted 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 2017/2018 DUNCAN RIDGE TRAIL

REROUTE

DUNS#____________________________

NAICS 237310

All Contractors must be registered in

SAM.gov prior to award.

Pre-Bid Meeting is Scheduled for September

18, 2017 -10:00 a.m. at the Trail Site.

Small Business

Set Aside

Please read through the entire solicitation

Total from

Section B

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

(%) (%) NUMBER PERCENTAGE

NOTE: Additional provisions and representations X 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) mailto:laustad@fs.fed.us

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES

DUNCAN RIDGE TRAIL RE-ROUTES

FY 2017 BLUE RIDGE RANGER DISTRICT

PAY ITEMS

Section B – Schedule of Items

The following schedule of items is estimated based upon the approximate mileage of new trail to be constructed and the mileage of existing trail to be closed and rehabilitated. Project locations that are included are as follows.

Base Bid: Construction of approximately 1.3 miles of the new trail from Sarvis Gap to Gregory Gap, and decommission and obliteration of approximately 1.3 miles of the existing Duncan Ridge Trail in this section.

Item Number Item

Description

Unit Estimated

Quantity

Unit Cost Total Cost

90701 Mobilization LS 1

LP01 Trail Layout /

Planning

LF 6864 ft.

SRV01 Survey LF 6864 ft.

PDWG01 Project

Drawing &

PLans

LS 1

PM01 Permits LS 1

91116 Obliteration LF 6864 ft.

91101 Excavation LF 6864 ft.

98201 Erosion

Control

LS 1

Total Base Bid: $

Option 1: Relocation of approximately 0.54 miles of new trail from Gregory Gap to Rhodes Mountain Gap, and decommission and obliteration of approximately 0.54 miles of the existing Duncan Ridge Trail in this section.

Unit Estimated

Quantity

Unit Cost Total Cost

90701 Mobilization LS 0

LP01 Trail Layout /

Planning

LF 2851 ft.

SRV01 Survey LF 2851 ft.

PDWG01 Project

Drawing &

PLans

LS 1

PM01 Permits LS 1

91116 Obliteration LF 2851 ft.

91101 Excavation LF 2851 ft.

98201 Erosion

Total Option 1: $

Option 2: Relocation of approximately 1.14 miles of new trail from Rhodes Mountain Gap to intersect with the

Benton Mackaye Trail, and decommission and obliteration of approximately 0.45 miles of the existing Duncan

Ridge Trail in this section.

Unit Estimated

Quantity

Unit Cost Total Cost

90701 Mobilization LS 0

LP01 Trail Layout /

Planning

LF 6019 ft.

SRV Survey LF 6019 ft.

PDWG01 Project

Drawing &

PLans

LS 1

PM01 Permits LS 1

91116 Obliteration LF 2400 ft.

91101 Excavation LF 6019 ft.

98201 Erosion

Total Option 2: $

Option 3: Relocation of approximately 1.1 miles of new trail from Fish Gap to Sarvis Gap, and decommission and obliteration of approximately 1.1 miles of the existing Duncan Ridge Trail in this section.

Unit Estimated

Quantity

Unit Cost Total Cost

90701 Mobilization LS 1

LP01 Trail Layout /

Planning

LF 5808 ft.

SRV01 Survey LF 5808 ft.

PDWG01 Project

Drawing &

PLans

LS 1

PM01 Permits LS 1

91116 Obliteration LF 5808 ft.

91101 Excavation LF 5808 ft.

98201 Erosion

Total Option 3: $

All Items must be bid to be considered

STATEMENT OF WORK-SECTION C

CHATTAHOOCHEE NATIONAL FOREST

DUNCAN RIDGE TRAIL RE-ROUTES - RHODES MOUNTAIN TO FISH GAP

BLUE RIDGE RANGER DISTRICT, UNION COUNTY, GEORGIA

C.1 Scope of Contract

The Contractor(s) shall furnish all labor, supervision, equipment and materials to perform all operations necessary to accomplish the work in accordance with the Solicitation, Provisions, Contract Clauses, and

Statement of Work.

The intent of this project is to re-route up-to 4.1 miles of the Duncan Ridge Trail from Rhodes Mountain to Fish Gap with sustainable grades and water management. The contract will include a base bid item of approximately 1.3 miles of new trail with three optional bid items totaling an additional 2.8 miles of new trail. The contractor is to provide layout, planning, survey, any required permits, and construction for non-motorized primitive hiking trails that are low maintenance, sustainable, and that meet the needs of the user at a reasonable price. The contractor will also close and rehabilitate part of the existing trail to be unusable by trail visitors.

The base bid section of trail extends 1.3 miles west from Sarvis Gap to Gregory Gap. Option 1 extends

0.54 miles west from Gregory Gap to Rhodes Mountain Gap. Option 2 extends 1.14 miles southwest from Rhodes Mountain Gap to intersect the Benton Mackaye Trail. Option 3 extends 1.1 miles west from Fish Gap to Sarvis Gap. The base bid item and all three options take the trail off the fall line and instead follow the contour of the land.

The trail centerline has been mapped and flagged on the ground. The contractor will use this centerline to layout and construct the new routes within a twenty-five foot corridor with trail maintenance equipment. The contractor shall also close poorly located, undersigned, and existing trails in areas that are not incorporated into the new trail network proposal. Under the base bid item, approximately 1.3 miles of existing trails will need to be decommissioned and rehabilitated, with three optional items totaling an additional 2.1 miles of trail decommission and rehabilitation.

The Duncan Ridge Trail is managed as a “Class 2 Hiking Trail” as found in FS 2309.18, section 23.11

Exhibit 01 (Attached to this solicitation). This document describes specific design and construction criteria required to meet this management goal.

C.2. Project Location

The work is to be performed on the Duncan Ridge Trail from Rhodes Mountain to Fish Gap. To locate the project site from Blairsville, GA head west on US 76, and turn left onto Blue Ridge Highway. Travel

2.7 miles to a left turn onto Mulkey Gap Road and continue for approximately 8 miles. The road turns to gravel after about 2 miles and becomes FS 4. Turn right onto FS 88, and travel approximately 1.8 miles to the end of the road at Fish Gap.

C. 3. Project Timeline

Estimated Start Date - October 18, 2017

Contract Duration - 430 days

Completion Date - December 21, 2018

Estimated Project Timeline

A pre-bid tour is scheduled for September 18, 2017 at 10:00 AM at the project site (Fish Gap). This date and time may change, contact the COR for any questions.

C.4. Specifications

Refer to Standard Specifications for Construction of Trails and Trail Bridges on Forest Service

Projects. The design plan will tie directly to these specifications and drawings. The manual can be found at:

http://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml

The contractor must follow these steps established for the project in order to ensure timely Forest

Service participation at key junctures in the life of the project.

C.5. Pay Items Project Specifications

C.5.1. Pay Item : LP - Trail Layout and Planning

The project will require layout and survey of approximately 1.3 miles of “Class 2 Hiking trail, non-wilderness,” with 3 options totaling an additional 2.8 miles. The trail and the options have been mapped and the centerline has been flagged on the ground. The location of this centerline has been approved through the NEPA process and is designed to keep the trail consistent with current management direction. The contractor is required to finalize the layout of the trail to be within 50 feet (25 feet each way from centerline) of the flagged centerline. In addition to these requirements, the contractor is required to construct trails with a maximum tread width of 18 inches.

The project also requires the closure of approximately 1.3 miles of existing trail and includes the option of up to another 2.1 total miles of trail closure. The location of this trail has been mapped. The contractor will be required to close and rehabilitate this trail. Closure will include using boulders, trees, or other materials along the trail that can be used to block and / or “naturalize the trail. This shall be done for a minimum distance of 100 feet on both ends of the closed trail and to the satisfaction of the contracting officer. Rehabilitation of the trail will include stabilizing soils and addressing overland water flow so that erosion and sedimentation are minimized. Details on how this will be accomplished shall be made a part of the trail planning and layout process.

Trail planning may be conducted concurrently with the trail layout or immediately after. This plan will emphasize the design and location of structures needed for control of overland water flow along the trail

Contract Award October 4, 2017

Start Date October 18, 2017

Design Complete and Approved March 19, 2018

Begin Construction March 12, 2018

Completion Date December 21, 2018 http://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml to minimize loss through erosion and sediment buildup. This can include, but is not limited to, structures such as drainage dips, water bars, climbing turns, and grade reversals.

Submittal of and approval of trail layout and plan on the base bid item is required at 20 percent (0.25 miles), 50 percent (0.65 miles), and 100 Percent (1.3 miles) of new trail are completed and when 20 percent (0.25 miles) and 100 percent (1.3 miles) of closed and rehabilitated trail is completed. Upon final approval by the Forest Service, the contractor will submit a final list of stations, work-lists, and cross-reference the appropriate drawings and specifications from this website:

https://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml.

Submittal of and approval of trail layout and plan of new trail on option 1 is required at 20 percent (0.11 miles), 50 percent (0.27 miles), and 100 Percent (0.54 miles) are completed and when 20 percent (0.11 miles) and 100 percent (0.54 miles) of layout and plans for closed and rehabilitated trail is completed.

Submittal of and approval of trail layout and plan of new trail on option 2 is required at 20 percent (0.23 miles), 50 percent (0.57 miles), and 100 Percent (1.14 miles) are completed and when 20 percent (0.1 miles) and 100 percent (0.45 miles) of layout and plans for closed and rehabilitated trail is completed.

Submittal of and approval of trail layout and plan of new trail on option 3 is required at 20 percent (0.22 miles), 50 percent (0.55 miles), and 100 Percent (1.1 miles) are completed and when 20 percent (0.22 miles) and 100 percent (1.1 miles) of layout and plans for closed and rehabilitated trail is completed.

The Forest Service will provide the final approval of the layout and planning. In the event that the contractor determines that the preliminary centerline is not suitable for trail layout because of sustainability or safety issues, the contractor will contact the Forest Service with a proposed relocation.

The Forest Service retains final approval of the relocation. Relocation outside the 25 foot centerline will require further NEPA coordination by the Forest Service prior to the construction stage of the contract.

The product of the trail layout and planning step will be a precisely marked (with flagging or similar method) trail on the ground that has the location of features identified with survey “white cans” or wooden stakes. A trail log and a map indicating where features are and a description of the feature will also be produced. This will be approved by the COR and inspector prior to the contractor moving on to step 2.

C.5.2. Pay Item: SRV - Trail Survey

Once layout and planning has occurred then a professional survey by an appropriately qualified individual(s) will be conducted by the contractor. This survey will result in an engineer approved site plan for the trail and features. It will show Best Management Practices (BMP’s) and soil and erosion control features to be used during and after construction. The contractor is responsible for ensuring that survey is of detail and quality to satisfy permitting requirements.

The product of this step will be a site plan that can be used to acquire necessary permits, produce an

Erosion Sedimentation and Pollution Control Plan and produce Plans/Drawings meeting contract requirements.

C.5.3. Pay Item: PDWG - Project Drawings and Plans

Upon final approval of the preliminary site plan and layout by the Forest Service the contractor will produce and submit a final set of project plans for Forest Service approval.

https://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml

Project Plans and Drawings shall include the following at a minimum:

1. Title Page/ Vicinity Map

2. Site Plans

3. Summary of Quantities

4. Typical Sections and Details

5. Technical Details and Shop Drawing

6. Feature/Structure Schedules (Station Specific)

7. Description of work for trail construction, obliteration, and restoration

8. Trail Centerline Plan and Profile Views

9. Trail Cross Sections

10. Erosion, Sedimentation, and Pollution Control Plan (ESPC)

The Standard Trail Plans are provided in United States customary units and are available at the link below as PDF and as AutoCAD files.

https://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml.

C.5.4. Pay Item: PM - Permits

The contractor will be responsible for acquiring the required permits to complete this project. The following permits may be required:

● Land Disturbance Permits under the administration and jurisdiction of Union County

● Stream Buffer Variance for all stream crossings and work to occur within 50 feet of cold water trout streams under the administration and jurisdiction of the Georgia Environmental Protection

Division (EPD) in Atlanta.

● National Pollution Discharge Elimination System – Storm Water (NPDES) permit, under the jurisdiction of the Georgia EPD.

● Clean Water Act Section 404 Permit under the jurisdiction of the Army Corps of Engineers

The Georgia Maunal for Erosion and Sediment Control (2014) can be found at http://gaswcc.georgia.gov/2016-edition-manual-erosion-and-sediment-control

In order to secure these permits the contractor will prepare and submit their project plan, including an

Erosion and Sediment (E&S) Control Plan to the county and to Georgia EPD as required. The E&S Plan must be approved by the Forest Service prior to the start of construction.

The time frames involved in submitting applications, plans, and supporting documents for review and approval by the administering agency varies by project, but is estimated to take 90 days. No work shall begin until the required permits are obtained and copies are provided by the Forest Service.

C.5.5. Pay Item: 91101: Trail Construction and Methods

Construction work will be done in accordance with the detailed schedule of items, plans, specifications, and progress schedule developed by the contractor and approved by the Forest Service.

Completed work on the new trail construction on the base bid item will be inspected by the

Forest Service after work has been completed at 20 percent (0.25 miles), 50 Percent (0.65 miles), and 100 Percent (1.3 miles) to ensure compliance with specifications.

https://www.fs.fed.us/recreation/programs/trail-management/trailplans/index.shtml http://gaswcc.georgia.gov/2016-edition-manual-erosion-and-sediment-control

Completed work on the new trail construction on option 1 will be inspected by the Forest

Service after work has been completed at 20 percent (0.13 miles), 50 Percent (0.27 miles), and

100 Percent (0.54 miles) to ensure compliance with specifications.

Completed work on the new trail construction on option 2 will be inspected by the Forest

Service after work has been completed at 20 percent (0.23 miles), 50 Percent (0.57 miles), and

100 Percent (1.14 miles) to ensure compliance with specifications.

Completed work on the new trail construction on option 3 will be inspected by the Forest

Service after work has been completed at 20 percent (0.22 miles), 50 Percent (0.55 miles), and

100 Percent (1.1 miles) to ensure compliance with specifications.

All equipment proposed to be used for performance for the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. Construction methods used to complete this contract should be consistent with methods used for non-motorized trail construction.

C.5.6. Pay Item 91116: Trail Closure and Obliteration

Trail closures will be done in accordance with the detailed schedule of items, plans, specifications as well as a progress schedule developed by the contractor and approved by the Forest Service.

Completed work on trail closures will be inspected by the Forest Service on the base bid item after 20 percent (0.26 miles) and after 100 percent (1.3 miles) of closed and rehabilitated trail is completed.

Completed work on trail closures will be inspected by the Forest Service on option 1 after 20 percent (0.26 miles) and after 100 percent (1.3 miles) of closed and rehabilitated trail is

Completed work on trail closures will be inspected by the Forest Service on option 2 after 20 percent (0.23 miles) and after 100 percent (1.14 miles) of closed and rehabilitated trail is

Completed work on trail closures will be inspected by the Forest Service on option 3 after 20 percent (0.22 miles) and after 100 percent (1.1 miles) of closed and rehabilitated trail is

C.6. Additional General Information

The contractor’s proposed equipment shall be made available to the Contracting Officer for inspection prior to the award of the contract if requested by the Contracting officer. If at any time during the course of the contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement at the Contractor’s expense.

Any movement or transportation of equipment to or from the work areas required to pursue the work, repair or replace, or for the contractor’s convenience shall be at the contractor’s expense.

Appendix A: Proposed Project Progression

Step Product

1: Layout and Planning 1) Precise location of trail marked on the ground with flagging or similar method

2) Trail features and structures marked on the ground

3) Trail log identifying trail features

4) GPS map showing trail locations and features

5) Approval by the Forest Service on the base bid item at 0.25, 0.65, and 1.3 miles of new trail, and at 0.25 and 1.3 miles of closed and rehabilitated trail

2: Survey 1) Site plans that are of detail and quality so that they can be used to acquire any needed permits, produce an Erosion

Sedimentation and Pollution Control

Plan and produce Plans/Drawings meeting contract requirements.

3: Permits 1) Contractor acquires any and all necessary permits to proceed with trail construction and closures.

4: Trail Construction 1) Trail construction is completed and result is a trail built with a high degree of finish to the specifications that were agreed upon.

2) Inspections completed at milestones mentioned above must meet contract specifications and requirements and be approved by the Forest Service prior to beginning the next section of trail

5: Trail Closure 1) All trail closures are completed and the result is closed, obliterated, and rehabilitated trails to the specifications that were agreed upon

Appendix B – Design Parameters for Trail Class 2 Hiker / Pedestrian Trail (Non-Wilderness)

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

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction-Fixed-Price (AUG 1996)

E.2. GOVERNMENT INSPECTION PROCEDURES

Government will inspect all of the contractors work

E.2.1. INSPECTION OF WORK

Contractor is responsible for their own inspection plan of work

452.246-70 Inspection and Acceptance (FEB 1988)

SECTION F--DELIVERIES OR PERFORMANCE

F.1. DELIVERIES

Notice to Proceed will be issued approximately October 18, 2017

F.2. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

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

SECTION G--CONTRACT ADMINISTRATION DATA

G.1. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award.

The conference will be held at a place and time to be determined.

G.2. GOVERNMENT-FURNISHED PROPERTY

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

Property" FAR clause contained elsewhere in the contract.

G.3. CONTRACTOR INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition

Regulations – www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

H.1. AGAR 452.237-74 KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract, the key personnel identified in their technical proposal.

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe (not more than 5 days) and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H.2. POLLUTION AND EROSION CONTROL

During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner.

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

H.3. NOXIOUS WEED CONTROL

This project may lie within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: (1) a project or jobsite, (2) a county, (3) two or more counties, or (4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

To help stop the spread of weed seeds, this work may require the Contractor to wash his equipment and support vehicles prior to entering the weed management district. The equipment and support vehicles shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris from the machine. Before moving the equipment to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 2017)

As prescribed in 12.301(b)(4), insert the following clause:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

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__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business

Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and

NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.

13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

_X_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-

53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10

U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ _ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_ _ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—

Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_X_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records…