AG-8173-S-13-0010_2013_NFSR_300_Asphalt_Repaving.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-13-0010

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/02/2013

PAGE OF PAGES

1 44

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Apache-Sitgreaves National Forests Supervisor’s Office – Acquisition Management PO Box 640 30 S. Chiricahua Drive Springerville, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

A. NAME

WARREN ABBOTT

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(928) 333-6344

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):

AG-8173-S-13-0010 – This solicitation is a 100 percent Total Small Business Set-Aside.

The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a requirement for National Forest System Road Maintenance and Repair under NAICS 237310, for Re-Construction, Asphalt (Hot Mix) Paving, and Striping.

All of this work is covered under the Davis-Bacon Act, for which the appropriate wage determination has been incorporated into the solicitation package. This work may require specialized heavy equipment, transports, safety crews, and service vehicles. Payment and Performance bonds are required upon award.

Price Range: The Government estimate is in the following range:

(d) Between $250,000 and $500,000;

11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 MST (hour) local time May 21, 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated 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)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

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

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Warren Abbott

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

CONSTRUCTION RFP 2 | P a g e SOL NO. AG-8173-S-13-0010

NFSR 300 RECONSTRUCT & ASPHALT PAVING

APACHE-SITGREAVES NFs

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SCOPE OF WORK:

Furnish all supervision, materials, equipment, tools, parts, labor, transportation, lodging, and miscellaneous items for the Re-construction and Asphalt Paving of the designated section of National Forest System Road (NFSR)300.

The work will be performed on the section of the road located between Arizona State Highway 260 and NRSR 105 (access to Woods Canyon Lake). Work shall be performed in accordance to product manufacturer’s recommendations, and asphalt industry standards.

Offerors shall submit a complete Schedule of Prices. The government intends to award a contract to re-construct approximately 1.1 to 1.7 miles of a designated section of NFSR 300. Re-construction will include milling of current chipseal surface, reconditioning of surface aggregate, placement of Asphalt Hot Mix to a compacted thickness of 3 ½ inches, re-shaping of road shoulders, and re-striping of road.

SCHEDULE OF PRICES

ITEM

NO.

SUPPLIES/ SERVICES EST. QTY UNIT UNIT PRICE

Equipment

B1.1 Transport 30 HR $

B2.1 End Dump 15 Yard 98 HR $

B3.1 Asphalt Miller 30 HR $

B4.1 Service Truck for Striping 12 HR $

B5.1 4 inch Yellow Stripe 1,400 L.F. $

B6.1 4 inch White Stripe 400 L.F. $

B7.1 Symbols 4 EA $

B8.1 Hot Mix 600 TON $

B9.1 Asphalt Placement Crew and Equipment 40 HR $

B10.1 Traffic Control Crew 40 HR $

B11.1 Hot Rubber Crack Fill 2 TON $

B12.1 Application Crew 10 HR $

B13.1 Preparation Crew 10 HR $

B14.1 Crack Seal Applicator 2 DAYS $

NOTE: ALL VENDOR INFORMATION SUBMITTED ON THIS PAGE SHALL REMAIN CONFIDENTIAL AND USED ONLY AS NEEDED BY THE CONTRACTING OFFICER AND OTHER FEDERAL REPRESENTATIVES FOR THE ADMINISTRATION OF THE AWARDED

CONTRACT.

VENDOR COMPANY NAME:___________________________________________________

AUTHORIZED TO SIGN (NAME):________________________________________________

SIGNATURE:______________________________________ DATE:__________________

CONSTRUCTION RFP 3 | P a g e SOL NO. AG-8173-S-13-0010

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

_____ Respond with the complete RETURN PACKAGE (SEE SECTION M for Past Performance / Technical Capability)

_____ Provide your DUNS Number ________________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

MANDATORY (FAILURE TO COMPLETE THIS SECTION WILL REMOVE THE OFFER FROM FURTHER CONSIDERATION):

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Alternate 1 (Feb 2012)

(a.) Awards made under this solicitation are 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. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have 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.

AGAR 452.209-71ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS, Alternate 1 (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

CONSTRUCTION RFP 4 | P a g e SOL NO. AG-8173-S-13-0010 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.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK:

Furnish all materials and labor for Asphalt Pavement patching, crack filling and striping on the National Forest System Road 300. The work will be performed on the section of the road located between Arizona State Highway 260 and National Forest System Road 105 (access to Woods Canyon Lake). Work shall be performed in accordance to product manufacturer’s recommendations, and asphalt industry standards.

Location of Projects

The work will be performed on the section of the road located between Arizona State Highway 260 and National Forest System Road 105 (access to Woods Canyon Lake in Navajo and Coconino Counties of Arizona.

Specifications:

The following specifications are applicable:

DIVISION TITLE

100 General Requirements 150 Project Requirements

Special Project Specifications Listings

Special Project Specification (SPS) may add to, delete from, or modify the FP-03. Those specifications are included in full text.

STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, FP-03, U.S. Customary Units

The specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work.

These specifications can be ordered from FHWA. For information on how to order books, go to the FHWA’s website, http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

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/ http://www.usda.gov/procurement/policy/agar.html

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.

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

CONSTRUCTION RFP 5 | P a g e SOL NO. AG-8173-S-13-0010

SECTION D - Packaging and Marking

Not applicable in this solicitation/contract

SECTION E - Inspection and Acceptance

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):

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within _5_ 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.

The maximum workweek shall be Monday through Thursday daylight to dusk; Fridays daylight to 2:00 pm. No work shall be permitted after 2:00 pm Friday through Monday 8:00 am. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract)

CONSTRUCTION RFP 6 | P a g e SOL NO. AG-8173-S-13-0010

SECTION H - Special Contract Requirements

Industrial Fire Plan

The following requirements are a part of this solicitation and any resultant contract, and shall be provided at the Contractor’s expense:

1. Wildfire Prevention – During periods of contract performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s

Representative (COR) except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the

Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

4. Fire Pre-Suppression Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good condition, in such quantities and mix to provide a fire tool for each person in the Contractor’s workforce. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaws may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of

CONSTRUCTION RFP 7 | P a g e SOL NO. AG-8173-S-13-0010 the alphabetical industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C, or D, or Red Flag is in effect. A Fire Guard shall be required in accordance with the Industrial Fire Plan level (see Section H.3.0.). This individual, when required, shall remain on duty to check for fires for at least 1 hour after blasting is finished. Required equipment shall consist of at least one 5 lb.

fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding –Written permission must be obtained from the COR during fire precaution plan B, C, and D.

Welding is prohibited on Red Flag days. Required equipment at the welding site shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. An area commensurate with the amount of welding to be accomplished shall be cleared to bare mineral soil before welding operations are started. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked by the Fire Guard for fires for at least 1 hour after welding.

e. Slash Incineration – Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100’. This activity is prohibited on fire precaution plan C, D and Red Flag days.

f. Ash disposal – Ash from slash incineration shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

g. Controlled Burning – All planned burns, including pile burns or use of air curtain burners, conducted by the

Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project. The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the Contractor’s employees conducting burning operations will be required according to the applicable regulations in NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

h. Fire Guard – To prevent, detect, and suppress wildfires, the Contractor shall provide one or more trained

Fire Guards at each operating area where internal combustion engines, incineration equipment, controlled burns or camps are used. Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties. The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities. A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of twenty (20) minutes to any of the other areas.

Each Fire Guard shall be physically able, and trained to prevent, detect, and report any fire, and to immediately take suppression action with the required firefighting equipment and employees on any wildfire that starts within the contract area. The Fire Guards shall perform their duties during normal operating hours; with an added three (3) hour watch after work stops for the day when the Fire Precaution Plan is at level B or C. If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D, the Fire Guard will perform all requirements specified in the Plan D Authorization Letter issued by the CO.

http://www.nwcg.gov/pms/docs/docs.htm

CONSTRUCTION RFP 8 | P a g e SOL NO. AG-8173-S-13-0010

Each Fire Guard shall be equipped with a vehicle capable of carrying a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, and two 3-5-gallon hand pump garden sprayers or backpack pumps filled with water. All equipment and tools shall be maintained in serviceable and operable condition. The tool cache for the Fire Guard will be in addition to the Fire Toolbox maintained for the work crews and available for use at both the work site and campsite.

i. Communications –The Contractor shall provide some form of direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and when technically possible, between the job-site and the Forest Service. The Contractor’s cell phone number, or other form of contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

5. Wildfire Suppression

a. The Contractor shall take independent action immediately to suppress all fires originating within the contract boundary and camp location. The Contractor shall continue fighting the fire until released from the fire by the Forest Service. The Contractor will take appropriate action on a fire outside the contract area or campsite to the level of their firefighting experience, abilities and qualifications. The Contractor may be requested to assist the Forest Service with fighting a fire if the personnel have been trained and equipped with the proper personnel protective equipment (PPE). If contract operations are interrupted for fire fighting purposes the Contractor shall notify the COR as soon as practical.

b. If the Contractor pursues fighting any wildfire which has moved from off the USFS contract land and crosses onto lands of other ownership, such as private property, the Contractor shall be aware that dangers may be present associated with urbanized areas. For example, the Contractor will need to become highly alert, and take extreme care to avoid dangers associated with open flames or operating heavy equipment near propane/butane tanks and underground gas lines, overhead/underground electric lines, underground septic tanks, and private outbuildings which may contain hazardous or flammable/explosive chemicals.

Coordination as soon as possible with USFS and/or local municipal firefighters who are better trained for safe wildland/urban-interface fire suppression tactics is recommended when faced with fires on private lands.

c. All fires shall be reported immediately to the most available Forest Service office. The COR will insure that all fire reports are forwarded immediately to the Apache-Sitgreaves NF Fire Dispatcher’s Office. Even though the fire may have been suppressed by the Contractor’s crew, this report is still required. The office and telephone numbers to which fires shall be reported will be furnished to the Contractor at the contract pre-work meeting.

d. The Contractor shall not perform fire suppression activity, or provide reinforcement support, on any wildfires that originates and remains outside the contract boundary or Contractor’s camp location, without meeting the criteria below.

If the Contractor wishes to be available to assist the Forest Service with emergency wildfire suppression or support activities beyond the contract boundary, all the Contractor’s, and/or Subcontractor’s, equipment must first be signed up on an Equipment Rental Agreement, USDA/USDI Optional Form 294, issued by the Apache-Sitgreaves National Forests. (In cases of extreme emergency, the Forest Service can finalize this agreement at the fire location.) Emergency use of equipment manned with operators, such as dozers, skidders, tree shears, chainsaws and water trucks/trailers, would then be compensated to the Contractor at current Forest Service fire-fighting rental equipment rates common to the area. Equipment rented by the Forest Service under this agreement shall be operated only by physically able personnel supplied by the Contractor.

Likewise, all personnel employed or subcontracted by the Contractor who wish to work on wildfires as individuals must first be currently certified with the required fire training to be qualified as a wildland firefighter before being permitted to assist the Forest Service with fire suppression. Firefighters must also have completed the necessary forms to become temporary emergency Forest Service fire-fighting employees. Contract personnel temporarily released off this contract by the Contractor to fight off-

CONSTRUCTION RFP 9 | P a g e SOL NO. AG-8173-S-13-0010 contract fires, shall be paid by the Forest Service at current USFS standard emergency “administratively determined” (AD) fire-fighting rates.

The COR can direct you on how and where to make these preparations in advance. The contract COR must be notified as soon as possible in writing when the above conditions for fire rental equipment and personnel have been met. The Contractor must also notify the COR as soon as practical if contract operations are interrupted for emergency fire-fighting outside the contract area. If the Contractor does not wish to meet these criteria to help fight wildland fire outside the contract area, the Contractor is not required to do so.

6. Equipment Requirements

a. All gasoline and diesel equipment (except turbocharged) used on the project, and in camp, shall be equipped with spark arresters approved in the Spark Arrester Guide, USDA Forest Service, which will be used by the USFS for equipment inspections. Copies of this Guide can be viewed on the internet at wwww.nwcg.gov/pms/pubs/pubs.htm. To purchase the most recent Guide, go to the above mentioned website.

b. All internal combustion engines must be inspected before use in the job and periodically thereafter by the

Forest Service. Equipment not passing inspection cannot be used until repairs are made, re-inspected, and passed by the Forest Service - see attached Supplement 3: Order Southwestern Region USDA Forest Service pursuant to 36 CFR 261.50 and 261.52 (f) and (j).

c. Serviceable baffled mufflers with standard exhaust tailpipes and catalytic converter heat shields are considered adequate on trucks, pickups, vans, sedans, motor-homes, and ATVs provided the muffler system meets the USDA Forest Service, Spark Arrester Guide. Care shall still be taken to avoid parking such vehicles over tall grass, brush or flammable materials.

d. Equipment service areas, and gas and oil storage areas, shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet. Locations shall be pre-approved by the Forest Service.

e. Each piece of motorized equipment not included in item (f.) below shall be equipped with a round-point shovel and fire extinguisher.

f. Fuel trucks, service trucks, and the work camp shall be equipped with a shovel, double bit axe, and class

ADC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight.

The shovels and fire extinguishers are in addition to those required for the Fire Guard tool cache (4.a.) and the mobile fire tool box (4.e). These shall be furnished and maintained at the Contractor’s expense.

g. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be equipped with lights for nighttime use. This includes two functioning headlights, and 1 to 2 backup lights.

h. Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester screen muffler system defined by USDA Forest Service Spark Arrester Guide. All exhaust products must pass through the screen, which has openings of 0.023-inch or less. The effective exhaust area of the screen (total area of all screen openings) shall not be less than 200 percent of the engine exhaust port area at its smallest cross-section. Screen material will be heat and corrosion resistant, and shall provide at least 100 hours of service life.

(1.) The refueling of power saws shall be done on bare mineral soil and the saw shall be moved at least

10 feet from the point of refueling to another barren spot before being started.

(2.) Power saws with warm or hot spark arresters screen mufflers—running or not—shall not be placed or rested on sawdust piles, litter duff, stumps, or spots that are easily ignited.

CONSTRUCTION RFP 10 | P a g e SOL NO. AG-8173-S-13-0010

(3.) Each crew with power saws shall be accompanied by at least one round point shovel in good condition and a Factory Mutual (FM) approved fuel can. One chemical pressurized fire extinguisher, 8 ounces or larger, is to be kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply can.

i. Forced Air Burners shall be kept in serviceable conditions at all times. Blower unit power supplies must comply with 6 b and c above.

7. Smoking and Fires

a. Smoking – When/where smoking is permitted, cigarette butts or other smoking materials shall be extinguished completely and disposed of responsibly.

(1.) No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled, or otherwise paved.

(2.) Smoking is not permitted while working. Smoking is only permitted in camp or on breaks, and only in areas having a clearing of at least 3 feet in diameter to bare mineral soil or rock, or preferably inside an enclosed vehicle with an ash tray.

(3.) Smoking is not permitted while refueling, or while in the fuel storage/ service area.

b. Fires – Warming fires, cooking fires, or burning of waste debris at camp or on the job-site, shall not be permitted during periods of high to extreme fire danger except in designated places by written consent of the Forest Service. All other fires (such as burning of debris resulting from clearing a camp or right-of-way) and ash disposal are covered under sections 4.e., 4.f., and 4.g.

8. Fire Plan and Closure Order Violations

a. Contractor’s violation or deficiency in meeting fire plan requirements shall result in a state of non-compliance with the terms and conditions of the contract. Immediate suspension of contract operations will be enforced until the deficiency or violation is corrected.

b. The Contractor shall advise all employees of Forest campfire, smoking, powersaw, and/or area closure orders (36 CFR 261.52 (a) (c) (d) (e) (h)). After notification to the Contractor by the Forest Service of such orders taking effect, the Contractor and their employees may be subject to criminal action under Federal Regulations separate from this contract should a violation occur.

9. Fire Suppression Costs – The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the Contractor’s operations. Contractor’s obligations for cost of fire suppression, and all suppression activities ordered or directed by the Forest Service, vary according to three classifications of fires as follow below:

a. Operations Fire. An “Operations Fire” is a fire caused by Contractor’s operations other than a Negligent Fire, when all requirements of this industrial fire safety plan have been met and consistently maintained by the Contractor. The Government (Forest Service) shall perform fire suppression activities on Operations Fires, under the authorities of 16 USC 572. Contractor agrees to reimburse the Forest Service for expenses incurred by the Forest Service for the cost of an Operations Fire, to a maximum of $10,000 dollars for each occurrence.

b. Negligent Fire. A “Negligent Fire” is a fire caused by negligence or fault of the Contractor’s deficient operations by failure to comply with all requirements of this industrial fire plan (ie. “Fire Plan Negligence”), which results in a wildfire starting or permitting a controlled fire to spread out of control. Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor. The Contractor shall also be responsible for full or partial costs and damages to any property of the USDA Forest Service or third parties caused by escaped fires resulting from Contractor’s negligence.

CONSTRUCTION RFP 11 | P a g e SOL NO. AG-8173-S-13-0010

c. Other Fires in Immediate Area. This situation is covered under section 5.d. of this industrial fire plan.

SUPPLEMENT 1

EMERGENCY FIRE PRECAUTION SCHEDULE

Fire Precaution Plan Description

A Normal fire precautions. No Fire Guard required.

B Designated areas for smoking, warming, and cooking fires require a written permit. Contractor shall provide Fire Guard unless relieved of this responsibility in writing by the COR.

C Power saws shall be shut down from 9 am to 8 pm MST (10 am to 9 pm MDT).

Turbo-charged equipment and rubber-tired skidders, shears, and chippers shall be shut down from 12 noon until 8 pm MST (1-9 pm MDT). Shutdown from 12 noon until 8 pm MST (1-9 pm MDT) of all machine treatment of slash, blasting, welding, metal cutting, and clearing. No forced air burner or controlled burning ignition, smoking, warming, or cooking fires permitted at any time. Operations on bare mineral soil involving loading, hauling, road excavation, watering, grading, surfacing, rock crushing and/or other equipment maintenance may continue. Fire Guard is required.

D and Shut down all operations, except operations on bare mineral Red Flag Days, soil involving road excavation, watering, grading, gravel and Area Closure surfacing, rock crushing may continue only with a special order Forest Service permit.

CONSTRUCTION RFP 12 | P a g e SOL NO. AG-8173-S-13-0010

SECTION I - Contract Clauses

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011)

Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans

(SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

CONSTRUCTION RFP 13 | P a g e SOL NO. AG-8173-S-13-0010

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Property Records (AUG 2010) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

CONSTRUCTION RFP 14 | P a g e SOL NO. AG-8173-S-13-0010

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

http://fedgov.dnb.com/webform

CONSTRUCTION RFP 15 | P a g e SOL NO. AG-8173-S-13-0010

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States

Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION…