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Boxelder Job Corps CenterAG-82A7-S-16-0043
Paving ProjectPage 39 of 39

AUTHORIZED FOR LOCAL REPRODUCTION

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Asphalt Repaving Project Boxelder Job Corps Center Nemo, SD 57759 Lawrence County, South Dakota

ItemMethod of
No.DescriptionMeasurementTotal

BASE ITEMS

BI 1 Re-pavement of Loop Road Lump Sum $

BASE ITEM TOTAL $

OPTIONAL ITEMS

OI 1 Repavement of Administrative Parking Lump Sum $

OI2Repavement of Main Entrance RoadwayLump Sum$______
from Building S5 Entrance to Building S6
Entrance
OI3Repavement of Main Entrance RoadwayLump Sum$
from Bridge to Building S5 Entrance
OI4Repavement of Main Entrance RoadwayLump Sum$
From Building S6 Entrance to Education
(E-2) Lot Entrance

OI5 Repavement of Education (E-2) Parking Lot Lump Sum $

TOTAL ALL BID ITEMS $

Lump Sum Quantities: These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

This acquisition is being conducted under the Simplified Acquisition Procedures under FAR Part 14 - Sealed Bidding.

The bidder must bid on all items to be considered responsive. The Base Item will be included in the award, and depending on the value of the lowest bid, Optional Items may be added at time of award. Award may include all or selected Optional Items. (reference Section M).

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is: Between $100,000 and $250,000 for the Base Bid Item Only The Government’s estimate is: Between$100,000 and $250,000 for both Base Bid and Optional Bid Items

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

C.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 28 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

C.3 PURPOSE

The Washington Office (WO) Job Corps Support Branch as a new requirement for the replacement of asphalt paving in key areas as shown on Drawings at the Boxelder Job Corps Center, located in Nemo, SD. The requirement also includes up to five optional repaving items.

All work shall be performed in accordance with this SOW and attached documents identified in Section C.6 and Section J - Attachments. The contractor must comply with all Occupational Health and Safety Administration (OSHA) requirements; including the 29 CFR 1910 and 29 CFR 1926 as they apply to this requirement, and other related regulations and guidance stated in the Special Project Specification documents, as identified in Section C.6.

C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

All work shall be performed at:

Boxelder Job Corps Center
PO Box 110
Nemo, SD 57759

Normal operational hours are from 07:30 am to 4:00 PM Mountain Time, Monday through Friday. The maximum workweek that will be approved is 40 hours.

No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Federal Holidays, or Government directed facility closings.

C.5 TASKS

C.5.1 Base Bid Items – Re-pavement of Loop Road

· The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the loop road around the main Administrative Building 05 to the T intersection with the main road near the bridge as shown on the Drawings.

C.5.2 Optional Bid Items – Optional Item No. 1 – Re-pavement of Administrative Parking

· The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the administrative parking area in front of Building 06 as shown on the Drawings.

Optional Item No. 2 – Re-pavement of Main Entrance Roadway from Building S5 Entrance to Building S6 Entrance

· The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the main entrance roadway from the Building S5 entrance to the Building S6 entrance as shown on the Drawings.

Optional Item No. 3 – Re-pavement of Main Entrance Roadway from Bridge to Building S5 Entrance

· The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the main entrance roadway from the bridge to the Building S5 entrance as shown on the Drawings.

Optional Item No. 4 – Re-pavement of Main Entrance Roadway from Building S6 Entrance to the Education (E-2) Lot Entrance

· The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the main entrance roadway from the Building S6 entrance to the education (E-2) parking lot as shown on the Drawings.

Optional Item No. 5 – Re-pavement of Education (E-2) Parking Lot

· The contract lump sum price as shown in the Schedule of Items includes all material, equipment, labor and incidentals to remove the existing pavement, reconstruct the road base and install new asphalt binder course and topping on the education (E-2) parking lot as shown on the Drawings.

The Contractor shall furnish all the necessary supervision, management, personnel, materials, equipment, labor, all necessary permits and valid licenses, utilities, freight and delivery and incidentals for the work stated in the Statement of Work, Special Project Specifications, and Drawings incorporated herein and/or attached in Section J.

Refer to Section C.6 Special Project Specifications for specific details and technical requirements required in performance of this contract, in addition to what is stated in this Statement of Work (SOW).

C.6 SPECIAL PROJECT SPECIFICATIONS

Special Project Specifications applicable to this contract are attached in Section J (separate documents):

SectionSpecification
010150General Requirements
321217Hot-Mix Asphalt Paving

Drawings

T1.0Vicinity Map
C1.0Road Paving Site Plan and Details

C.7 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J and above are hereby made part of this solicitation and any resultant contract.

The Special Project Specifications stated above in C.6 are included as separate attachments and are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The Specifications shown on the specification list are physically attached to this contract.

C.8 CONTRACTOR RESPONSIBLITIES

· The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction.

· Contractor shall be responsible for obtaining all required permits and scheduleing all appliciable inspections. All inspections must be signed off and completed prior to receipt of final payment.

· All trash and debris removal must be in accordance with local, state and federal regulations

· All materials are to be installed per manufacturers installation guidance.

· Contractor must have adequate libiabilty insurance and proper license to perform all work stated herein.

C.9 BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

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

· Asphalt and Tar Removers – 80% Minimum BioBased Content

· Asphalt Restorers – 68% Minimum Biobased Content

· Bioremediation Materials – 86% Minimum Biobased Content

· Chain and Cable Lubricants – 77% Minimum Biobased Content

· Concrete and Asphalt Release Fluids – 87% Minimum Biobased Content

· Diesel Fuel Additives – 90% Minimum Biobased Content

· Engine Crankcase Oil – 25% Minimum Biobased Content

· Erosion Control Materials – 77% Minimum Biobased Content

· Gasoline Fuel Additives – 92% Minimum Biobased Content

· Greases – Truck – 71% Minimum Biobased Content

· Hydraulic Fluids – 44% Minimum Biobased Content

· Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

C.10 LANDSCAPE PRESERVATION

The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

C.11 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is compliance with reasonable and customary manufacturing and construction tolerance.

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)below.
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, without additional charge, 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 (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.

C.12 WARNING SIGNS AND RESTRICTIONS

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

C.13 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES

C.13.1 Legal Relations and Responsibilities

Contractor's Responsibility for Utilities: In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

C.13.2 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

C.13.3 Prosecution of Work

A. The following special controls will affect the Contractor’s prosecution of work: Students will be on site. Meals may be purchased for $3.00 per meal at certain times during the day.

B. The Contractor may encounter other contractors performing work on projects in the area.

C. Utilities made available by the Government for use by the Contractor are: Sanitation, Potable water, and 110v.

C.13.4 Disposal of Material

Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site off of National Forest Service Land.

C.14 AGENCY CONTACTS

Contracting Officer (CO)

Brian N. McCabe – bmccabe@fs.fed.us or 303-275-5305

Contracting Officers Representative (COR)

Edward Lewis – eplewis@fs.fed.us or 605-348-3636 x1142603

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12Inspection of Construction (AUG 1996)
52.246-13Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within ten (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 sixty (60) days after Notice to Proceed date. The time stated for completion shall include final cleanup of the premises.

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

Within ten (10) 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 that will be approved is 40 hours.

F.1 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

F.2 REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title
Referenced By Specification No.
Submittal Date
Schedule of Work
Section F – AGAR 452.236-75
Prior to Work Starting
Notification of Subcontracting
Section G.5
Prior to Subcontractor Starting Work
Job Specific Safety Plan
Section H.1 and Part 3 of Section 010150
Prior to Work Starting
Project Schedule
Section F
Within ten (10) days after award.
Copy of Required Insurance Coverage
Section H.5
Prior to Work Starting if not submitted with quote
Payment Protection
Section I
Within 10 days after award
Asphalt Shingle Samples and Product Information
Section 073113 – 1.3 and 1.4
With Quote
Window Product Specifications and Sealant compatibilty and adhesion test reports
Section 085313 – 1.2
With Quote

Daily Dairies

Weekly, as work progresses

Payroll Documentation
FAR 52.222-8
Submitted with each invoice
Release of Claims
Section I
Prior to Final Payment

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held around the week of May 27, 2014. The conference will be held at Angell Job Corps Center, and be chaired by the Contracting Officer.

G.2 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No.
Property Description
Qty
Location
Date Available or Delivery Date

NONE

G.3 DEFINITIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Asphalt Restorers - Products designed to seal, protect, or restore poured asphalt and concrete surfaces.

Asphalt and Tar Removers – Cleaning agents designed to remove asphalt or tar from equipment, roads, or other surfaces.

Bioremediation Materials – Dry or liquid solutions (including those containing bacteria or other microbes but not including sorbent materials) used to clean oil, fuel, and other hazardous spill sites.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Chain and Cable Lubricants – Products designed to provide lubrication in such applications as bar and roller chains, sprockets, and wire ropes and cables. Products may also prevent rust and corrosion in these applications.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces. Products within this item include only those marketed for use in commercial or residential construction or industrial applications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Engine Crankcase Oil - Motor oil providing lubrication and wear protection for four-cycle diesel or gasoline engines.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Gasoline Fuel Additives – Chemical agents added to vehicle fuel to increase octane levels, improve lubricity, and provide engine cleaning properties for gasoline fired engines.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Hydraulic Fluids – Mobile Equipment - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Inspector - The person(s) appointed in writing by the Contracting Officer’s Representative to conduct and document inspections according to contract specifications and provisions. The inspector’s authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G.4 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. The name will be designated on a letter or form.

B. The Contracting Officer’s Representative is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1.Approve Change Orders and Modifications
2.Take action to terminate the contract for default or Government convenience.
3.Make contract adjustments under the Differing Site Conditions clause.
4.Grant extensions of contract time.
5.Approve assignment of claims.
6.Make final decisions under the Disputes clause.
7.Make final acceptance under the contract.
8.Make final decisions under the Suspension of Work clause.
9.Make equitable adjustments.
10.Authorize change in amount of Payment Retention.
11.Approve subcontractors.
12.Approve payments with deductions or final payment.
13.Approve use and possession prior to completion.
14.Enforce the warranty provisions.
15. Issue any direction that would result in a possible change to contract requirements.

G.5 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 JOB SPECIFIC SAFETY PLAN

Prior to the pre-work meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: heavy equipment operation, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

H.2 FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

1. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

1. Defective or damaged personal protective equipment shall not be used.

1. The Contractor shall assure that each employee wears foot protection that provides adequate traction and anklesupport.
1. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area wherethere is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimumrequirements of American National Standards Institute (ANSI) standard Z89.1-1997.
1. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due toflying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.
1. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing lossdue to high intensity noise e.g., chain saw operation.

H.3 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.4 AGAR 452.228-71 Insurance Coverage (NOV 1996)

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

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

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

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

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

H.5 INVOICING INSTRUCTIONS

A.Invoices. In addition to the clause language in FAR 52.212-4, the following direction is provided:
1) Invoices shall be submitted on a monthly basis, no later than ten (10) days following theperiod being invoiced;

2) Invoices shall include only those products provided during the billing period;

3) Invoices shall bill by Line Items as listed in the Schedule of Items;

4) Billing rates shall be in accordance with the firm-fixed rates listed in the Schedule of Items.

B. Effective February 24, 2014 all invoices are required to be submitted through the Department of Treasury’s Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

AGAR

452.204-71Personal Identity Verification of Contractor PersonnelOct 2007
452.215-73Post Award ConferenceNov 1996
452.224-70Confidentiality of InformationFeb 1988
452.236-73Archeological or Historic SitesFEB 1988
452.236-76Samples and CertificatesFEB 1988
452.236-77Emergency ResponseNOV 1996

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1DefinitionsNOV 2013
52.203-5Convenant Against Contingent FeesMAY 2014
52.203-6Restrictions on Subcontractor Sales to the GovernmentSEP 2006
52.203-7Anti-Kickback ProceduresMAY 2014
52.203-12Limitation on Payments to Influence Certain Federal TransactionsOCT 2010
52.203-16Preventing Personal Conflicts of InterestDEC 2011
52.203-17Contractor Employee Whistleblower Rights and Requirement to InformAPR 2014
Employees of Whistleblower Rights
52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content PaperMAY 2011
52.204-9Personal Identity Verification of Contractor PersonnelJAN 2011
52.204-10Reporting Executive Compensation and First-Teir Subcontract AwardsOCT 2015
52.204-13System for Award Management MaintenanceJUL 2013
52.204-18Commercial and Government Entity Code MaintenanceJUL 2015
52.204-19Incorporation by Reference of Representations and CertificationsDEC 2014
52.209-6Protecting the Governments Interest When Subcontracting withOCT 2015
Contractors Debarred, Suspended, or Proposed for Debarment
52.209-10Prohibition on Contracting with Inverted Domestic CorporationsNOV 2015
52.211-6Brand Name or EqualAUG 1999
52.213-4Terms and Conditions – Simplified Acquisitions (Other Than CommercialMAR 2016
Items)
52.219-6Notice of Total Small Business Set-AsideNOV 2011
52.219-14Limitations on SubcontractingNOV 2011
52.219-28Post Award Small Business Program RepresentationJUL 2013
52.222-3Convict LaborJUN 2003
52.222-4Contract Work Hours and Safety Standard – Overtime CompensationMAY 2014
52.222-6Construction Wage Rate RequirementsMAY 2014
52.222-7Withholding of FundsMAY 2014
52.222-8Payrolls and Basic RecordsMAY 2014
52.222-9Apprentices and TraineesJUL 2005
52.222-10Compliance with Copeland Act RequirementsFEB 1988
52.222-11Subcontracts (Labor Standards)MAY 2014
52.222-12Contract Termination – DebarmentMAY 2014
52.222-13Compliance with Construction Wage Rate Requirements
and Related Act RegulationsMAY 2014
52.222-14Disputes Concerning Labor StandardsFEB 1988
52.222-15Certification of EligibilityMAY 2014
52.222-21Prohibition of Segregated FacilitiesAPR 2015
52.222-26Equal OpportunutityAPR 2015
52.222-27Affirmative Action Compliance Requirements for ConstructionAPR 2015
(Applicable if contract exceeds $10,000)
52.222-35Equal Opportunity for VeteransOCT 2015
52.222-36Equal Opportunity for Workers With DisabilitiesJUL 2014
52.222-37Employment Reports on VeteransFEB 2016
52.222-40Notification of Employee Rights Under the National Labor Relations ActDEC 2010
52.222-50Combating Trafficking in PersonsMAR 2015
52.222-55Minimum Wages Under Executive Order 13658DEC 2015
52.223-2Affirmation Procurement of Biobased Products Under Service and
Construction ContractsSEP 2013
52.223-5Pollution Prevention and Right-to-Know InformationMAY 2011
52.223-6Drug-Free Workplace (Applicable if contract is awarded to an individual)MAY 2001
52.223-15Energy Efficiency in Energy-Consuming ProductsDEC 2007
52.223-18Encouraging Contractor Policies to Ban Text Messaging While DrivingAUG 2011
52.225-9Buy American Act-Construction MaterialsMAY 2014
52.225-13Restrictions on Certain Foreign PurchasesJUN 2008
52.227-4Patent Indemnity – Construction ContractsDEC 2007
52.229-4Federal, State, and Local Taxes (State and Local Adjustments)FEB 2013
52.232-5Payments Under Fixed-Price Construction ContractsMAY 2014
52.232-18Availabilty of FundsAPR 1984
52.232-23Assignment of ClaimsMAY 2014
52.232-27Prompt Payment for Construction ContractsMAY 2014
52.232-33Payment by Electronic Funds Transfer – System for Award ManagementJUL 2013
52.232-40Providing Accerlerated Payments to Small Business SubcontractorsDEC 2013
52.233-1DisputesMAY 2014
52.233-3Protest After AwardAUG 1996
52.233-4Applicable Law for Breach of Contract ClaimOCT 2004
52.236-2Differing Site ConditionsAPR 1984
52.236-3Site Investigation and Conditions Affecting the WorkAPR 1984
52.236-5Material and WorkmanshipAPR 1984
52.236-6Superintendence by the ContractorAPR 1984
52.236-7Permits and ResponsibilitiesNOV 1991
52.236-8Other ContractsAPR 1984
52.236-9Protection of Existing Vegetation, Structures, Equipment, Utilities,
And ImprovementsAPR 1984
52.236-10Operations and Storage AreasAPR 1984
52.236-11Use and Possession Prior to CompletionAPR 1984
52.236-12Cleaning UpAPR 1984
52.236-13Accident PreventionNOV 1991
52.236-14Availability and Use of Utility ServicesAPR 1984
52.236-15Schedules for Construction ContractsAPR 1984
52.236-17Layout of WorkAPR 1984
52.243-5Changes and Changed ConditionsAPR 1984
52.246-21Warranty of ConstructionMAR 1994
Alternate IAPR 1984
52.249-2Termination for Convenience of the Government (Fixed-Price)APR 2012
Alternate I (SEP 1996)
52.249-10Default (Fixed-Price Construction)APR 1984
52.253-1Computer Generated FormsJAN 1991

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (Feb 2012) Alternate I (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.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

FAR 52.215-8 Order of Precedence – Uniform Contract Format

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1. The Schedule (excluding the specifications)

1. Special Project Specifications

1. Drawings/Photographs

1. Other Documents, exhibits, and attachments

1. Representations and Other Instructions

1. Contract Clauses

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

FAR 52.228-13 -- Alternative Payment Protections (Jul 2000) – (required only if total value is less than 150K – will be removed if not at award).

(a) The Contractor shall submit one of the following payment protections:

1. Payment Bond

2. Irrevocable Letter of Credit

3. Certificates of Deposit

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

(c) The submission of the payment protection is required within ten (10) days of contract award.

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

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

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

(End of Clause) FAR 52.228-15 -- Performance and Payment Bonds – Construction (OCT 2010)

(a) Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable…

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