RFP AG-7604-S-12-0020 National Tower IDIQ v5.docx

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD AG-7604-S-12-0020

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-7604-S-12-0020

2. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

7/25/2012

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

USDA, Forest Service WO AQM It Support Branch 101B Sun Ave, Ste 200 Albuquerque, NM 87109

USDA, Forest Service WO AQM It Support Branch 101B Sun Ave, Ste 200 Albuquerque, NM 87109

James GMC. Bailey, Contract Specialist

B. TELEPHONE NO. (NO COLLECT CALLS)

505-563-7052

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

(Title, identifying no.,date):

IDIQ for National Tower Installation WO AQM IT Support Branch

PRICE RANGE

The annual award value for each award is estimated to be $500,000 - $2.2 Million. No award shall exceed $11 million over the life of the contract (Base Period plus 4 Option Periods).

11. The Contractor shall begin performance within 15 calendar days and complete it as required by the task order, This performance period is [X] mandatory, [ ] negotiable. (See Section F, Clause 52.211-10.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR

DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

******************************* OFFER (Must Be Fully Completed By Offeror) *********************************

14. NAME AND ADDRESS OF OFFEROR

(Include ZIP Code)

15. TELEPHONE NO. (Include area code)

FAX NO.

*DUN*

Refer to Section I, Clause 52.204-7 (Jul 2006)

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

AMOUNTS

PLACE AMOUNTS IN SCHEDULE OF ITEMS

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED

TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

********************************* AWARD (To Be Completed By Government) **********************************

21. ITEMS ACCEPTED

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN BLOCK 27

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO:

[ ] 10 USC 2304(c) ( ) [ X ] 41 USC 253(c) ( )

USDA Forest Service IDIQ CO will administer parent contract; Task Order will be administered by the Contracting Officer issuing the order.

USDA Forest Service WO AQM IT Support Branch 101B Sun Ave, STE 200 Albuquerque, NM 87109

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type of Print)

30B. SIGNATURE

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

IDIQ for National Tower Installation WO AQM IT Support Branch B- 1 Schedule of Items A Schedule of Items will be provided for each Task Order issued against Contract(s) awarded under this Solicitation excluding GeoTechnical Investigations provided below. Remainder of the prices will be requested competitively in accordance with Ordering Process in Section H.

The contractor shall furnish the necessary labor, supplies, equipment, materials, travel, facilities, hardware, required to accomplish the Geotechnical Investigations detailed in SOW Paragraph 4.0. Task Orders will be issued in accordance with Section H entitled "Task Order Process."

The contractor shall furnish the necessary labor, supplies, equipment, materials, required to accomplish the P.E. Drawings detailed in SOW Paragraph 8.0. Task Orders will be issued in accordance with Section H entitled "Task Order Process."

The contractor shall furnish the necessary labor, supplies, equipment, materials, travel, facilities, hardware, required to accomplish the Tower Construction detailed in SOW Paragraphs 7.0 and 8.0. Task Orders will be issued in accordance with Section H entitled "Task Order Process."

The contractor shall furnish the necessary labor, supplies, equipment, materials, travel, facilities, hardware, required to accomplish the Demolition efforts detailed in SOW Paragraph 9.0. Task Orders will be issued in accordance with Section H entitled "Task Order Process."

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

B- 2 Bonding Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Therefore any prices offered for a Task Order shall include bonding costs in Mobilization or Overhead.

PART I - THE SCHEDULE AG-7604-S-12-0020

SECTION B - SUPPLIES OR SERVICES AND PRICES

AG-03R6-S-08-0027A

IDIQ for Road Construction Services

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT AG-7604-S-12-0020

SECTION C - DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

1.0 INTRODUCTION: Construction of self-supporting communication towers nationwide. The contractor shall provide all Soil Geotechnical Reports, materials, drawings, transportation of materials to site, personnel, equipment, tools, supervision, and other items and non-personal services necessary to perform “turnkey” Radio Tower Installation and Dismantle.

2.0 BACKGROUND: Nationwide Forest Service has approximately 1,800 Communication towers, of these towers the majority need replacement due to:

1. Age - most of the sites are greater than 30 years old.

2. Damage – From Wind, Snow, and overloading.

3. Rusted – Tower legs and guy wires have pitting rust

4. Degrading Bases – Concrete standards were not in place at the time of the tower build and erosion exposed the base causing ice to deteriorate the base.

5. Guyed Towers – Due to cost of maintenance, guyed towers are being decommissioned. These towers no longer meet Forest Service and ANSI EIA/TIA safety standards and need replacing.

3.0 SCOPE: The contractor shall provide services for tower and antenna installation. The services shall include:site visits, tower and site engineering, P.E. certified drawings for Self-Supporting towers to include total “Turnkey” solution of ground preparation, tower related materials, entry panels, grounding system that meets Motorola R-56 standards and pre-build and post build resistivity testing results, purchase and installation of antennas and related material to include coaxial cable, Polyphasers and ground bus bars and mounting hardware to meet Forest Service standards. The contractor shall be required to obtain construction bonding and requisite insurance sufficient to supportthe indivudual contruction of towers, as appropraite.

4.0 GEOTECHNICAL INVESTIGATIONS (Normative) ANSI EIA/TIA 222G - Page 209 Vendor shall be responsible to perform and provide a Geotechnical Report to the Forest Service prior to the commencement of tower project. The following are the guidelines set forth in the ANSI EIA/TIA 222G manual.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT AG-7604-S-12-0020

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT AG-7604-S-12-0020

4.1 Annex contains information that shall be contained in a geotechnical investigation.

4.1.1. Boring logs and report shall provide:

1. Date, sampling methods, number and type of samples

2. Description of the soil strata according to the Unified Soil Classification System

3. Depths at which strata changes occur referenced to a site benchmark elevation

4. Standard Penetration Test blow counts for each soil layer

5. Soil density for each soil layer

6. Internal angle of friction for each soil layer

7. Cohesion for each soil layer

8. Ultimate bearing capacities for each soil layer or at the recommended bearing depth(s)

9. For expansive soil conditions, the active zone of influence and recommendations for design

10. Elevation of free water encountered and the ground water depth below grade to be considered for design

11. Frost depth to be considered for design

12. Soil electrical resistivity, pH values and corrosive nature of soil

13. Other pertinent soil design data and recommendations

14. Recommendations for alternate foundation types

15. Topographic information for the site

16. Note the location within 1,000 ft. [300 m] of the structure of underground pipelines, buried concentric neutral power wires and electrical substations as these may effect electrolytic corrosion.

4.1.2. For drilled piers the following information shall also be provided:

1. Ultimate tip bearing capacity

2. Ultimate skin friction for each soil layer

3. Lateral modulus of soil reaction for each soil layer.

4. Ultimate soil strain at 50% of ultimate compression, for each soil layer.

4.1.3. For rock anchors the following information shall also be provided:

1. Type and condition of rock

2. Rock quality designation, RQD

3. Percent rock sample recovered

5.0 SITE VISIT:

The contractor may be requried to perform site vists prior to commencing construction of individual towers. Should site visits be required, the contractor shall provide the government radio technician with the date, time, and meeting place for the site visit as well as types of vehicle that may be necessary for traversing the area.

6.0 GROUNDING:

6.1 The Forest Service uses the Motorola R56 Standards and Guidelines for Communications Sites, and National Electrical Code (NFPA 70) and National Fire Protection Association (NFPA 780). It is recommended that all personnel responsible for the installation, testing, and maintenance of Forest Service grounding and lightning protection systems reference the Motorola R56, NEC, and NFPA 780 standards for more detail on the subjects contained in this document.

6.2 Fall of Protection Method: The contractor shall perform ground resistivity testing using the Fall of potential (also known as the 3 point fall method) is the most recognized method for measuring the resistance to earth of a gounding system, or ground system performance.

6.2.1 Grounding Performance Objectives

Conductivity-to-ground is the primary goal for an effective grounding system. The acceptable range shall be within Five (5) ohms to twenty five (25) ohms of resistivity. If initial resistivity test exceed twenty five (25) ohm, no work shall continue until Forest Service reviews and agrees to grounding options. Post installation, contractor shall perform a system test for compliance and report the results.

7.0 TOWER:

All specifications shall meet as a minimum, ANSI TIA/EIA 222 Rev G. “Structural Standards for Steel Towers and Antenna Supporting Structures” based on:

Height of Tower:

Wind and Ice Load Calculations: Based on ANSI EIA/TIA 222G Annex B: “U.S. County Listings of Design Criteria” Equipment Load Calculations: Based on equipment order per Task Order.

Class of Structure: Based on ANSI EIA/TIA 222G

8.0 TOWER SPECIFICATIONS

· Tower shall have Solid Core or Angle Iron legs, Tubular Hollow Core legs are not acceptable.

· Tower obstruction lighting requirements shall meet:

· FAA Regulations “FAA AC-70-7460-1, “Obstruction Marking and Lighting”.

· Local Forest Service Unit Regulations (Provided for each Tower by Local Unit).

· Installation of industry approved anti fall / safe climb device OSHA 1910.27, “Fixed Ladders, Ladder Safety Devices”.

· Tower designed shall support wind loading of all antennas, mounts, and coaxial cable listed.

· Include 3 sets of P.E. Stamped document stamped with the seal of the state the tower is being built.

· Antenna and coaxial cable installation shall be connected to the single point ground system shall be supplied with the tower, all materials shall be installed in accordance with and in compliance with Motorola’s R56 Standards for Installation of Communications Equipment.

· Waveguide Ladder: Shall support a minimum of two (2) runs of coaxial cable over the current antenna system. The Waveguide Ladder shall have ¾” holes shall accommodate coax hangers. Vertical Spacing between waveguide ladder rungs shall not exceed three (3) feet. All waveguide / Cable shall be secured to waveguide ladder.

· Climbing Ladder: Shall be provided that extends from the base to the top and situated for convenient climbing of tower. Climbing ladder shall provide anti-climb protection to discourage un-authorized climbers.

· Safety Climb Cable: Shall be provided that extends from the base to the top and situated for convenient climbing of tower. The fall stop assembly shall be removable to prevent weathering and corrosion.

· Ice Bridge: Shall be installed from the tower to the building entrance panel. Ice Bridge shall provide protection to the cables from falling ice and provide a means to support the cables from the tower to the building. Ice Bridge shall be self-supporting, galvanized, connected to the tower or building and include a perforated or solid cover. Coaxial cables shall be supported via trapeze kits and appropriate hangers.

· Entry panels: Minimum of 2 entry ports shall be installed at building entrance and shall include all necessary weather proof boots and cushions to accommodate the required number of antenna cables. All unused holes shall be sealed with appropriate product plugs (silicone or foam is not acceptable).

· Ground Dispersion System: Contractor shall design and install a ground field and ground system around the base of the tower. The resistance shall be twenty five (25) ohms or less. Contractor shall demonstrate and provide certification of measurement using the Standard Three Point/Fall of Potential method. A P.E. Stamped design layout shall be provided of the proposed grounding system prior implementation (this shall require documentation by an Electrical Engineer). All ground field connections to the tower Shall be exothermic welds using #2 solid copper cable or larger. The Contractor shall connect to all metal structures within 15’ of the nearest approach of the ground field conductors. This includes, but not limited to, buildings, site fencing, propane tanks, generator, ice bridge, exterior ground bar, etc. These connections shall be via exothermic weld when possible or non-reversible ground lug connection otherwise. If ground lugs are used, they shall be of the appropriate finish to prevent corrosion due to galvanic action. Contractor shall provide three (3) sets of Electrical Engineer sealed documents licensed in the State the tower is being built.

· Copper Ground Bar: A copper ground bar, 4” x 24” x ¼” shall be installed beneath the buildings entry panel(s). External ground bar shall be connected to the grounding conductors of the ground field using #2 solid copper cable or larger. The below grade grounding connections shall utilize the appropriate antioxidant compound, and be weather sealed. Each coaxial cable shall be grounded, using the appropriate sized ground strap, to the tower at the antenna, to the tower ground bar at the tower base and to the external ground bus bar at the building entrance. The tower ground bar shall be tinned copper. Attachment of the tower ground bar to the below grade ground may be with tinned non- reversible compression lugs and tinned #2 solid copper cable. Ground attachment points on the tower may make use of existing bolts, or may use beam clamps of galvanized or stainless steel construction. Antennas and cabling to include antenna mounts, cable hoisting straps, cable attachment clips, grounding kits, external and tower ground bars as necessary to meet Motorola R56 Installation of Communications Equipment requirements. An internal Master Ground Bus will be installed in a location near the building entry port according to R56 Standards.

· Cable Runs: Andrew LDF 4 50A 1/2” cable (or equal) shall be used for all runs. Contractor must supply documentation of cable specifications. All cables shall be secured to tower using appropriate hangers. Cables shall be installed on the cable ladder in an orderly fashion, with the highest antenna lines to be toward the center of the ladder. All cables shall be grounded at the antenna, at the bottom of the tower and at the building entrance as stated above. Coaxial cables shall be labeled at the point where they leave the tower and at the inside termination. This labeling shall include the antenna make and model, frequency range, and location on the tower. The interior labeling may be label printer tape, and the outside labeling shall be stamped metal, laminated cardstock, or similar weatherproof method. All cables shall be terminated with N Male connectors (or as needed for direct attachment to antenna and Polyphaser protector). Cable shield ground attachment points and antenna connections shall be weatherproofed to industry standards, using mastic and tape or cold shrink protection, if mastic is used; a courtesy wrap (Single wrap of electrical covering both end of the connector) tape shall be installed on antenna connections. Coaxial cables shall be secured to the standoff using an appropriate hanger (zip ties of metal banding will not be acceptable.)

Coaxial line lightning/surge protection device, similar to Polyphaser IS-5ONX-C2-MA will be installed near to the internal Master Ground Bus and grounded to the Master Ground Bus (per R56 standard section 5.5.1.8).

· Antennas: All antennas except dish and yagi shall include an 18” to 36” standoff mount that attaches to single leg. Standoff mounts are to be adjustable for leg tilt if present, so that antennas are installed vertically. All side-mounted antennas shall be secured to the tower at the top and bottom of the antenna mast or as otherwise directed by local telecom personnel. If specific antennas are stated it task order, no antenna substitutions are allowed without acceptance of the Forest Service. All antennas shall be identified and a list of the locations on the tower shall be provided upon completion.

· Access to Site: Public roads to site shall be accessible with travel available late spring through late fall. At the site, it shall be the contractor’s responsibility to provide access to the construction site for their heavy equipment. If no access road is provided, it is the responsibility of the contractor’s to return any and all areas to access to their original conditions. It shall be the contractor’s responsibility to repair any damage to access road by project equipment and return it to its’ previous condition.

9.0 DEMOLITION:

· Removal of existing and/or replaced towers and materials to be discussed and offered as an option from the selections above.

· The removal of existing towers or Telecommunications structure will be done in a way that no damage will occur to remaining structures/equipment

· Any damage caused by the removal of the structure will be the responsibility of the contractor to repair

· All concrete foundations and/or anchors will be removed to 18” below grade

10.0 SAFETY PLAN

· Provide detailed description of a safety plan for review.

· Vendor must comply will all Occupational Safety & Health Standards (OSHA) Safety Standards for climbing and tower installation

· Information may be obtained at www.osha.gov or you can contact OSHA 800-321-6742.

· Vendor must provide fencing around the immediate installation of the communication tower and foundation when not working at site.

I. NOTICE: The following contract clauses pertinent to this Section C are hereby incorporated in full text:

AGRICULTURE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $4,000, but not in excess of $11,000,000 for all awarded contracts.

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

C- 1 Project Location Each Task Order will identify a project specific location. Work may be performed at any location within the boundaries of the Continetal United States, Alaska, Hawaii, Puerto Rico and Territories the Forest Service presides over.

C- 2 Start Work and Period of Performance The estimated start work date and completion schedule will be identified on each Task Order Price Request. Unless otherwise agreed, this schedule will be the contract time for the Task Order.

The IDIQ Contract Periods will be:

Base = Date of Award – One Year After Date of Award Option 1 - Will Consist of 12 Months Option 2 - Will Consist of 12 Months Option 3 - Will Consist of 12 Months Option 4 - Will Consist of 12 Months C- 3 Government-Furnished Property Any property that will be furnished by the Government will be identified on the Task Order Price Request.

C- 4 Standard Specifications "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (ANSI EIA/TIA 222G) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Electronic versions of the “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (ANSI EIA/TIA 222G), are available on the American National Standards Institute at http://www.ansi.org/default.aspx C- 5 Project Specifications – Including Standard and Supplemental Project Specifications The Task Order Price Request will include a list of all Standard Specifications and a copy of any Supplemental Project Specifications that directly apply to the Task Order.

PART I - THE SCHEDULE

SECTION D - PACKAGING AND MARKING

NOTICE: There are no clauses applicable to this section.

SECTION E - INSPECTION AND ACCEPTANCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION D - PACKAGING AND MARKING

AG-7604-S-12-0020

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE AG-7604-S-12-0020

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE AG-7604-S-12-0020

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.242-14 Suspension of Work (APR 1984)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) *If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

The Contractor shall be required to (a) commence work under this contract within *TBD 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 *TBD. The time stated for completion shall include final cleanup of the premises.

FAR 52.236-1 Performance of Work by the Contractor (APR 1984) *If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

The Contractor shall perform on the site, and with its own organization, work equivalent to at least *TBD percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

B. AGRICULTURE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

AGAR 452.236-75 Maximum Workweek--Construction Schedule (NOV 1996) *If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

Within *TBD calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

SECTION G - CONTRACT ADMINISTRATION DATA AG-7604-S-12-0020

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Accounting and Appropriate Data to be cited on Award

G- 2 PERSONNEL DEFINITIONS

1. Contract Program Manager: The Contractor representative authorized and responsible for programming and monitoring the allocation of contractor resources to support the performance of the contract.

1. Contractor Officer (CO): The individual from the requiring activity who is responsible for and has the authority to enter into contract and make related Determination and Findings.

1. Contracting Officers Representative (COR): The representative of the requiring activity, designated in writing by the CO, who assists the CO with technical aspects of the contract. The representative develops Government cost estimates and assists the CO in negotiating the award costs with the Contractor once the CO has determined that the proposed award is within the scope of the contract.

1. Inspector (Insp): The inspector of the requiring activity, designated in writing by the COR, who assists the COR with technical aspects of the contract.

G- 3 PAYMENT PROCEDURES – INVOICE AND PAYMENT

The Entity shall invoice by phases completed by Task Order Number (P.E. Drawings, Tower Construction and Demolition if needed). Ensure each Task Order is properly annotated on all invoices. Invoices should be forwarded to the following address:

FS_CIO_Invoices@fs.fed.us.

On the subject line please add the following: Contract No., Vendor name & Invoice No.

Invoices shall clearly identify travel costs (no profit or fee). The Entity shall also retain supporting documentation for per diem paid to employees as evidence of actual payments.

G- 4 TIN IDENTIFICATION

In accordance with FAR 52.204-03. Taxpayer identification Number is (TIN)

G- 5 REMITTANCE ADDRESS

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. AGRICULTURE FAR SUPP CONTRACT CLAUSES

AGAR 452.236-72 Use of Premises (NOV 1996)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

B. AGRICULTURE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

· Project Manager

· Superintendent

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

C. OTHER CONTRACT CLAUSES IN FULL TEXT

H- 1 Task Order Competition Entities will be provided a fair opportunity to compete on ALL Task Orders issued.

H- 2 Task Order Process

(a) Task Orders will be issued by the WO AQM IT Support Branch Contracting Officer holding a Construction Warrant in accordance with the Ordering clause of this contract. Projects will be identified on an as-needed basis and the following procedures shall be used for negotiation of task orders.

(1) The WO AQM IT Support Branch Contracting Officer will provide the Entity with a copy of the notification of each proposed task order proposal request which will include a description of work to be performed, applicable Davis-Bacon wages, Geotechnical Investigation, drawings, and specifications to the appropriate Zone, for each communication tower site, and the desired completion date as applicable.

NOTE: Drawings may not be available in all instances. Further, the accuracy of drawings may be unreliable due to change in topography as well as the age of the drawing.

(2) The Entity may then: (i) submit to the Contracting Officer a brief technical discussion describing how the work will be performed; (ii) submit a price proposal identifying labor categories and number of hours within each category required for the performance of the proposed work; (iii) identify and provide rationale for all non-labor cost elements required for performance; (iv) identify any Government property required for performance, and (v) bonding capacity and insurance validation.

(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, award to the entity with the lowest overall cost, or if the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order. In the event issues pertaining to proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Entity shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to appeal under the Disputes clause or the Contract Disputes Act.

(b) The Contractor is not authorized to commence performance prior to issuance of the task order by the WO AQM IT Support Branch Contracting Officer holding a Construction Warrant.

(c) Task Order Price Summary Preparation. The entity shall use the instructions at Attachment 4 in Section J, Cost Proposal Instructions, for preparing the cost portion of the proposal.

H- 3.0 Task Order Award and Administration

H- 3.1 USDA Forest Service may award separate task orders by site for Geotechnical Investigations or the construction of communication towers as it presents the Best Value to the government.

H- 3.2 The WO AQM IT Support Branch Contracting Officer managing the contract and monitoring contract totals shall ensure that all data on Past Performance at the Task Order level is inputed into Contractor Performance Assessment Reporting System (CPARS).

H- 4 Pre-Work Conference After award of the IDIQ Contracts the Contracting Officer will arrange a meeting with the Entity(s). This meeting may be held in conjunction with other awarded Contractors. A general overview of the IDIQ Contract, the ordering process, and wage and payroll requirements will be covered. Exchange of key contact information will be traded at this meeting so that the information can be posted on an award summary that may be utilized by Engineering and Entity personnel.

After award of a Task Order, the Task Order Contracting Officer may require a pre-work conference to review the requirements specifically relating to the project. At this meeting such things as work progress schedule, and fire prevention and suppression plans, authorities of the parties, invoicing, and any specifications or clauses activated for the Task Order will be discussed.

H- 5 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating. One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. If applicable to the Task Order, the Contracting Officer will state so in the Task Order Request. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least 3/4-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the COR/Inspector, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 6 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 7 Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the P.E. drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H-8 Weed Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the COR/Inspector will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

SECTION H - SPECIAL CONTRACT REQUIREMENTS AG-7604-S-12-0020

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

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/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES