AG-8173-S-13-0012_2013_IDIQ_Range_Fence_Construction.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-13-0012

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/12/2013

PAGE OF PAGES

1 57

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-13-0012 – 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 Indefinite Delivery / Indefinite Quantity (IDIQ) contracts Range Fence Construction.

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 equipment, transports, safety, and tools.

Payment and Performance bonds will be required upon award of task orders.

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 16, 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 AG-8173-S-13-0012

2013 IDIQ RANGE FENCE CONSTRUCTION

APACHE-SITGREAVES NFs

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.

CONSTRUCTION RFP 3 | P a g e AG-8173-S-13-0012

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 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.

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:_____________________________________________________________________

AUTHORIZED TO SIGN (NAME & TITLE):___________________________________________________________

SIGNATURE:____________________________________________________ DATE:______________________

CONSTRUCTION RFP 4 | P a g e AG-8173-S-13-0012

PART I— SCHEDULE OF ITEMS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

RANGER DISTRICTS AND ZONES

NO.

DESCRIPTION

*METH

OF

MEAS.

UNIT

EST

QTY

SPRINGERVILLE

ZONE 1

ALPINE

ZONE 2

CLIFTON

ZONE 3

BLACK MESA

and LAKESIDE

ZONE 4

B1 FENCE RIGHT OF WAY CLEARING AND HAZARD TREE FELLING

B1.1 Fence Right of Way Clearing LSQ

Mile (5.280 Linear Feet)

B1.2 Fence Right of Way Clearing in Primitive Areas

LSQ Mile 1

B1.3 Hazard Tree Felling High Density

AQ

Per

Acre

B1.4 Hazard Tree Felling Moderate Density

AQ

Per

B1.5 Hazard Tree Felling Low Density

AQ

Per

B2 EXISTING FENCE—MAINTENANCE ROUTINE

B2.1

Routine Fence Maintenance for a 3 strand fence with Government supplied materials AQ Mile 1

B2.2 Routine Fence Maintenance for a 3 strand fence with Contractor supplied materials AQ Mile 1

B2.3

Routine Fence Maintenance for a 4 strand fence with Government supplied materials AQ Mile 1

B2.4 Routine Fence Maintenance for a 4 strand fence with Contractor supplied materials AQ Mile 1

CONSTRUCTION RFP 5 | P a g e AG-8173-S-13-0012

NO.

DESCRIPTION

*METH

OF

MEAS.

UNIT

EST

QTY

SPRINGERVILLE

ZONE 1

ALPINE

ZONE 2

CLIFTON

ZONE 3

BLACK MESA

and LAKESIDE

ZONE 4

B3 EXISTING FENCE—MAINTENANCE HEAVY

B3.1

Heavy Fence Maintenance for a 3 strand fence with Government supplied materials AQ Mile 1

B3.2 Heavy Fence Maintenance for a 3 strand fence with Contractor supplied materials AQ Mile 1

B3.3

Heavy Fence Maintenance for a 4 strand fence with Government supplied materials AQ Mile 1

B3.4 Heavy Fence Maintenance for a 4 strand fence with Contractor supplied materials AQ Mile 1

B4 FENCE ROLL UP AND REMOVAL

B4.1 Fence roll up and removal

AQ Mile 1

B4.2 Fence roll up and removal from remote or primitive areas

AQ Mile 1

CONSTRUCTION RFP 6 | P a g e AG-8173-S-13-0012

NO.

DESCRIPTION

*METH

OF

MEAS.

UNIT

EST

QTY

SPRINGERVILLE

ZONE 1

ALPINE

ZONE 2

CLIFTON

ZONE 3

BLACK MESA

and LAKESIDE

ZONE 4

B5 NEW FENCE CONSTRUCTION

B5.1

New Fence Construction for a 3 strand fence with Government supplied materials AQ Mile 1

B5.2

New Fence Construction for a 3 strand fence with Contractor supplied materials

AQ Mile 1

B5.3

New Fence Construction for a 4 strand fence with Government supplied materials AQ Mile 1

B5.4 New Fence Construction for a 4 strand fence with Contractor supplied materials AQ Mile 1

CONSTRUCTION RFP 7 | P a g e AG-8173-S-13-0012

NO.

DESCRIPTION

*METH

OF

MEAS.

UNIT

EST

QTY

SPRINGERVILLE

ZONE 1

ALPINE

ZONE 2

CLIFTON

ZONE 3

BLACK MESA

B6 NEW FENCE CONSTRUCTION IN REMOTE AREAS

B6.1

New Fence Construction in remote areas for a 3 strand fence with Government supplied materials AQ Mile 1

B6.2

New Fence Construction in remote areas for a 3 strand fence with Contractor supplied materials AQ Mile 1

B6.3

New Fence Construction in remote areas for a 4 strand fence with Government supplied materials AQ Mile 1

B6.4

New Fence Construction in remote areas for a 4 strand fence with Contractor supplied materials AQ Mile 1

CONSTRUCTION RFP 8 | P a g e AG-8173-S-13-0012

NO.

DESCRIPTION

*MET

H OF

MEAS.

UNIT

EST

QTY

SPRINGERVILLE

ZONE 1

ALPINE

ZONE 2

CLIFTON

ZONE 3

BLACK MESA

B7 NEW FENCE CONSTRUCTION IN PRIMITIVE/WILDERNESS AREAS USING PRIMITIVE TOOLS

B7.1

New Fence Construction in primitive/wilderness areas using primitive tools for a 3 strand fence with Government supplied materials AQ Mile 1

B7.2

New Fence Construction in primitive/wilderness areas using primitive tools for a 3 strand fence with Contractor supplied materials AQ Mile 1

B7.3

New Fence Construction in primitive/wilderness areas using primitive tools for a 4 strand fence with Government supplied materials AQ Mile 1

B7.4

New Fence Construction in primitive/wilderness areas using primitive tools for a 4 strand fence with Contractor supplied materials AQ Mile 1

*Type of Measurement Definitions:

AQ – Actual Quantity, These quantities are determined from measurements of completed work.

LSQ – These quantities denote one complete unit of work as required by or described in the contract.

CONSTRUCTION RFP 9 | P a g e AG-8173-S-13-0012

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1 SCOPE OF WORK:

Furnish all supervision, materials, equipment, tools, parts, labor, transportation, lodging, and miscellaneous items for Range Fence Construction and Repair. This solicitation is for Fence construction, fence removal, maintenance, repair, and hazard tree removal. The majority of the work anticipated to be awarded will be within a 150 mile radius west and south from the Headquarters of the Apache-Sitgreaves National Forests, Springerville, Arizona.

The Government anticipates making multiple awards under the Multiple Award Schedule (MAS) Indefinite Delivery Indefinite Quantity (IDIQ) format.

Offerors are not required to propose a price for every line item in order to be eligible for award of a contract.

C2 LOCATION OF PROJECTS

The project areas will be located approximately in a 150 mile radius West and South of the Headquarters of the Apache-Sitgreaves National Forests, Springerville, Arizona, 85938. The following zones are established for pricing and other related factors:

o ZONE 1 – Springerville Ranger District o ZONE 2 – Alpine Ranger District o ZONE 3 – Clifton Ranger District o ZONE 4 – Black Mesa and Lakeside Ranger Districts

The elevation could range from approximately 3,500 to 11,000 feet. Terrain can vary from relatively flat to steep and rocky (both loose and solid above and below ground with some areas of bedrock). Weather conditions can change quickly, particularly during the summer rain period of July, August and September when strong thunder and lightning storms occur. Heavy snowfall is common in the late fall throughout the winter. Additionally there is the potential for contractors to have to work around timing restrictions for Threatened, Endangered, & Sensitive species and during the fire season.

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 10 | P a g e AG-8173-S-13-0012

C3 TECHNICAL SPECIFICATIONS

C3.1 FENCE RIGHT AWAY CLEARING AND HAZARD TREE FELLING

Fence Right Away Clearing The right of way will be 8 feet, with 4 feet on each side of the fence. The right of way shall be: cleared of all dead trees, cleared of all live trees less than 5 inches DBH, brushed out with slash and logs removed from 4 feet on either side of the fence line.

Hazard Tree Felling (High density) Outside of the 8’ right of way, all dead trees that could fall on the fence*, shall be cut. A tree will be considered dead if: see attachment A. High density areas could have anywhere from 75-100% tree mortality and 250 plus trees per acre**.

Hazard Tree Felling (Moderate density) Outside of the 8’ right of way, all dead trees that could fall on the fence*, shall be cut. On average trees will be cut about 75 ft. out on each side of the fence. A tree will be considered dead if: see attachment A.

Moderate density could have anywhere from 25-75% tree mortality and approximately 100-250 trees per acre**.

Hazard Tree Felling (Low density) Outside of the 8’ right of way, all dead trees that could fall on the fence*, shall be cut. A tree will be considered dead if: see attachment A. Low density could have anywhere from 0-25% tree mortality and approximately 0-100 trees per acre**.

*We estimate that on average a contractor will need to cut dead trees that could fall on the fence, 75 ft. out on each side of the fence line.

**The density of trees per acre is just an estimate and could vary from project to project, within each individual project, and by tree species.

Fence Right of Way Clearing in Primitive areas o The area to be cleared will total 12 feet, measuring 4 feet on one side and 8 on the other.

Based on terrain and management objectives, FS personnel will determine which side of the fence receives the larger clearing on a fence by fence basis.

o Only primitive tools may be used.

o Pines and mixed-conifers in all vegetation types will be removed according to the following criteria:

Live trees less than 5 inches DBH (Diameter Breast Height) will be removed.

Any dead trees within the right-of-way will be removed (A tree is considered dead if less than 10% of the canopy foliage is green).

o No stump shall be taller than 6 inches, and hazardous stumps shall be flush cut. All stumps shall be flush cut where the right-a-way comes against NF System Trails.

o All low branches within the 12 foot right-a-way will be removed. Ground vegetation will be left intact.

o A finished right-of-way should be free of brush and all cut trees, and all cut materials shall be scattered 15 to 20 feet outside the right-of-way and away from established trails and drainages.

CONSTRUCTION RFP 11 | P a g e AG-8173-S-13-0012

C3.2 ROUTINE EXISTING FENCE MAINTENANCE

This could be considered annual maintenance needed to maintain the functionality of a fence such as cutting trees of the fence that have fallen over the winter, fixing the broken wires, replacing broken or missing stays and posts, and tightening sagging wires from snowload and wildlife crossing.

3 & 4 Strand Fence specifications (two separate line items) o Government supplied & contractor supplied materials (two separate line items)

C3.3 HEAVY FENCE MAINTENANCE

This would be a fence that is not old enough or in disrepair enough to replace but that has not been maintained for some time and will require cutting several trees off the fence, splicing several broken wires, replacing several stays and posts and possibly some braces, and tightening the fence up.

C3.4 FENCE ROLL UP AND REMOVAL

Fence Removal Roll up and removal of old fence materials. Wooden portions of the fence such as wood stays may be scattered away from the fence line. Wire, metal stays, and bent or broken t-post will be removed and disposed of as dictated by the Forest Service. T-post that are straight and in good condition may be re-used.

Fence Removal from Remote or Primitive areas Roll up and removal of old fence materials using primitive tools and pack animals. Wooden portions of the fence such as wood stays may be scattered away from the fence line. Wire, metal stays, and bent or broken t-post will be removed and disposed of as dictated by the Forest Service. T-post that are straight and in good condition may be re-used.

C3.5 NEW FENCE CONSTRUCTION

The Forest Service will provide the following fence materials: barbed wire, smooth wire, steel brace posts and down braces plus hardware, wood or metal stays, stay wire, and fence clips. Contractor will provide concrete for the steel brace post holes and down brace holes. The contractor will also provide any other miscellaneous materials needed. All Forest Service provided fence materials will be issued to the contractor by Forest Service personnel. Materials become the responsibility of the contractor after issue and will need to be replaced by the contractor if they are lost or stolen. Any material left over after completion of the project will be returned to the Forest Service personnel that issued the material.

Metal line T-posts will have 48 inches remaining above ground. Straddle jack braces and/or rock crib/wire crib/ or rock drill may be used, where it is not possible to dig or drive posts. Contractor will provide rock drill, straddle jacks and rock/ wire/wood cribs if needed.

Wire spacing will be determined on a project by project basis. In some areas more wires may need to be added to achieve the desired bottom or top wire height. Weights will be attached to fence in low spots to prevent lift up of t-posts. All wires shall be tight.

Line post spacing will typically be 20 feet (but could vary some dependent upon terrain, etc.) with three stays (stay material determined on a project by project basis) evenly spaced between and

CONSTRUCTION RFP 12 | P a g e AG-8173-S-13-0012 secured to each barbed wire strand. The stays must be perpendicular to barbed wire. The spacing of T-posts shall not be greater than specified in each task order but may be closer to maintain the specified bottom wire distance to the ground or the specified top wire height.

Stretch braces will be installed at the end of each quarter mile as a minimum. Additional braces will be needed as dictated by terrain or fence direction changes. All stretch, angle and corner center brace posts shall be in the ground a minimum of 36 inches in depth and shall be solidly placed (i.e. no movement) with a 12 inch diameter concrete footing and will consist of a center 7 foot post and( 2) 7 foot downbraces. All downbrace ends will be in the ground with a 1 ft x 1 ft x 1 ft 6 inch concrete footing. All braces not 180 degrees (straight in line) with the fence, shall either have a counter weight or a third downbrace installed to prevent the brace posts from being pulled out of the ground. (Number of braces needed and brace material (wood or metal) will vary by project)

Watergaps will be needed in areas where water gaps currently exist in old fence or in areas that have high flows. The watergap will consist of a break – away fence from the steel braces (braces shall be installed on both sides of the wash). (Number of watergaps needed will vary for each project).

No trees will be substituted for posts in the construction of the fence. No wire shall be attached directly to a tree.

Gates will be installed at each road crossing and on one side of cattleguards. Gates shall be 16 feet wide at roads. Additional gates for livestock/ATV movement will be 12 feet wide. All gates will be built as 4 strand wire gates with stays. (Number of gates will vary for each project but typically average 2 gates per mile).

C3.6 NEW FENCE CONSTRUCTION IN REMOTE AREAS

Specifications will remain the same as listed above for “New Fence Construction”, however fence construction in these areas may require a contractor to pack equipment and materials to the fence site by pack animals.

C3.7 NEW FENCE CONSTRUCTION IN PRIMITIVE/WILDERNESS AREAS WITH PRIMITIVE TOOLS

Specifications will remain the same as listed above for “New Fence Construction”, however fence construction in these areas will require the contractor to utilize pack animals and primitive tools (non-motorized).

CONSTRUCTION RFP 13 | P a g e AG-8173-S-13-0012

SECTION D - PACKAGING AND MARKING

D1 See the following Exhibits in Section J for additional requirements:

EXHIBIT 2 ATTACHMENT A – HAZARD TREE ABATEMENT SPECIFICATIONS FOR FENCE CONSTRUCTION

EXHIBIT 3 ATTACHMENT B – SPECIFICATION FOR CONTRACTOR SUPPLIED FENCE MATERIALS

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):

www.arnet.gov/far/

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

CONSTRUCTION RFP 14 | P a g e AG-8173-S-13-0012

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to

Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the

Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

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(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the

Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting

Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

Alternate I (Apr 1984). If the Government specifies in the contract the use of any equipment by “brand name and model,” the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a “brand name and model” basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

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 is 7 days per week.

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SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract)

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.

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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 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.

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

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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.

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, CONSTRUCTION RFP 19 | P a g e AG-8173-S-13-0012 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-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).