Revised_Solicitation___AG-82AK-S-13-0010.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

651112

RIO GRANDE NATIONAL FOREST

1803 WEST HWY 160

MONTE VISTA CO 81144

82AK

USFS - GMUG

ATTN: JAY TOBIN (jtobin@fs.fed.us)

2250 HWY 50

DELTA CO 81416

JAY TOBIN (970)874-6625

1x 08/07/2013

AG-82AK-S-13-0010

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

CREEDE EAST BENCH WATER SYSTEM UPGRADE

FOR THE RIO GRANDE NATIONAL FOREST

This project is for upgrading the water system at the Creede East Bench Admin Site and includes constructing a wood frame pump house, and installing water lines and hydrants as further detailed in Section C and the Specifications in Section J.

Set Aside: Total Small Business

Statement of Magnitude: The estimated price range is between $25,000 and $100,000

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10 in Section F

09/06/2013

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

GRAND MESA UNCOMPAHGRE GUNNISON N

2250 HIGHWAY 50

DELTA CO 81416

82MK

JAY G. TOBIN

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-82AK-S-13-0010

with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Creede East Bench Water System Upgrade FOB: Destination

001 Creede East Bench Water System Upgrade DO

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-82AK-C-13-0010

Creede East Bench Water System

Rio Grande National Forest

TABLE OF CONTENTS

SECTION B - Schedule of Items

SECTION C - Statement of Work

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits, and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Offerors

SECTION L - Instructions, Conditions, and Notices to Offerors

SECTION M - Evaluation Factors for Award

SECTION B - Schedule of Items

CREEDE EAST BENCH WATER SYSTEM

BASE PAY ITEMS

Pay Item Description Quantity Units Cost /

Unit Total

1 Clearing and Grubbing 1 LS

2 Construction of Wood Frame Water Storage Building and Concrete Pad (Labor and Materials) 1 LS

3 Excavation and Backfilling of HDPE Pipe Water Supply and Distribution Line to Utility Building 247 LF

Installation of Water Line from Well to Water

Storage Building and from Water Storage Building to Bunk House and Utility Building

247 LF

Relocate Existing Well Mate Water Pressure Tank to New Water Storage Bldg; Connect Water Line in Bathroom; Remove all Electrical and Plumbing

Components where WM 80 Tank is Located except Ceiling Lights; Install Light Switches in Both Rooms

1 LS

6 Installation of Curb Stop & Shot-off Valves 3 EA

7 Installation of Pump Drain Assembly No. 1 2 EA

8 Installation of Pump Drain Assembly No. 2 1 EA

9 Installation of all Electrical Components for Water Storage Building and Electrical Cable in Trench 1 LS

10 Installation of all Plumbing and Equipment in Water Storage Bldg. 1 LS

11 Mobilization 1 LS

SUBTOTAL

OPTIONAL PAY ITEMS

Pay Item Description Quantity Units Cost /

Unit Total

12 Excavation, installation & backfilling of 1” and 1.5” HDPE Pipe distribution lines for RV sites 379.5 LF

13 Installation of Shut-off Valves, Curb Boxes & Water Hydrants for RV Sites 5 EA

SUBTOTAL

TOTAL

Company: ____________________________

TIN: ____________________________

DUNS: ____________________________

Phone: ____________________________

E-mail: ____________________________

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

REQUIREMENTS: OFFERORS MUST BE REGISTERED IN SAM AND RESPOND TO ALL

CRITERIA INCLUDED IN SECTIONS B, K AND L. OFFERORS WHO FAIL TO MEET THESE

REQUIREMENTS MAY NOT BE CONSIDERED FOR AWARD.

SECTION C - Statement of Work

SCOPE OF CONTRACT

The project is located in the Creede East Bench Administrative Site on the Rio Grande National Forest in Mineral County, Colorado. It consists of:

(1) Constructing a wood frame water distribution building (pump house),

(2) Installing new 1” and 1 1/2" HDPE pipe from there to the utility building (shop),

(3) Connecting the existing 1 1/2" galvanized to the bunk house with new 1 1/2" HDPE pipe,

(4) Installing new 1 1/2" HDPE water line from the pump house to five existing RV sites, and

(5) Installing new water hydrants at each of those RV parking sites.

PROJECT LOCATION

The Creede East Bench site may be reached by following CO 149 southeast from Creede, Colorado approximately

3.0 miles to junction of CO 149 and Forest Development Road (FDR) 550; also known as County Rd 806A.

Follow FDR 550 approximately 1.35 miles to junction with FDR 551. Follow FDR 551 approximately 0.3 miles to the work site.

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.

(End of Clause)

AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

PROJECT SPECIFICATION

Section J of this contract contains Project Specifications that shall all be used to properly determine the correct specification for each Pay Item in the Schedule of Items.

PRICE RANGE: The Government estimate is between $25,000 and $100,000.

SECTION D - Packaging and Marking

{There are no clauses for this Section.}

SECTION E - Inspection and Acceptance

FAR 52.246-12 Inspection of Construction. (APR 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 re-inspection 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.

(End of clause)

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 within 60 days of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

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

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 proposes to carry out the work. Exceptions to a Monday – Friday workweek must be approved by the Contracting Officer in advance.

The maximum standard workweek that will be approved is 40 hours.

SECTION G - Contract Administration Data

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

A post award conference with the successful offeror is required. It will be scheduled within fifteen (15) days after the date of contract award. The conference will be held at:

U.S. Forest Service Rio Grande Supervisor's Office 1803 West Hwy 160 Monte Vista, CO 81144

G.1 INVOICES SHALL BE SUBMITTED TO:

JAY TOBIN, CONTRACTING OFFICER

PHONE: 970-874-6625

FAX: 970-874-6686

EMAIL: jtobin@fs.fed.us 2250 Highway 50 Delta, CO 81416

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT

G.2 PAYMENT WILL BE MADE BY:

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

PHONE: 504-225-5370

G.3 FOREST SERVICE REPRESENTATIVES:

Jay Tobin shall serve as the Contracting Officer on this contract. He shall have full warrant authority over all contract issues. His contact information is included above.

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his/her contact information.

mailto:jtobin@fs.fed.us

SECTION H - Special Contract Requirements

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager/Superintendent.

(b) During the performance of this contract, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

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

4G52.222-704 Personal Protective Equipment

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

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 which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chainsaw operation.

H. 1. FIRE CONTROL

H.1.1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.1.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service.

Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.1.3. Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4. An equitable adjustment in contract time may be made for this period.

H.1.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or axe. Tools required and furnished under H.2.5.2. and H.2.5.4.

below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only."

All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.1.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

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

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

H.1.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are:

(a) small multi-position engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.1.5.4. Power saws. For each power saw used in connection with this contract, the following will be provided:

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

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

H.2.5.4.1. Any fueling or refueling of a power saw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw or auger shall be moved at least 10 feet from place of fueling before starting.

H.1.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.1.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.1.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.1.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.1.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

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

H.1.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

H.1.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H.1.5.11.1. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

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

H.1.5.12. Pump and Trailer. Not required.

H.1.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

a. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

b. Obtain a burning permit from the District Ranger.

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

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

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

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

H. 2. PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.3. SAFETY PLAN

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

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 these addresses:

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

FEDERAL ACQUISITION REGULATIONS (FAR):

52.202-1 Definitions. (JAN 2012) 52.204-7 System for Award Management. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUL 2013) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds. (FEB 1988) 52.222-8 Payrolls and Basic Records. (JUN 2010) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL 2012) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-14 Irrevocable Letter of Credit. (DEC 1999) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 52.233-1 Disputes. (JUL 2002) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR):

452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

FAR 52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that -

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

FAR 52.228-13 Alternative Payment Protections. (JUL 2000)

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

___ Payment Bond _____________________ ___ Irrevocable Letter of Credit ___________ ___ Certificate 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.

FAR 52.244-6 Subcontracts for Commercial Items. (JUL 2013)

(a) Definitions. As used in this clause-

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a));

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C.

793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(ix) 52.225-26, Contractors PerformingPrivate Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

AGAR 452.228-70 Alternative Forms of Security. (NOV 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: :

U.S. Forest Service.

(End of Provision)

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

SECTION J - List of Documents, Exhibits, and Other Attachments

Number Title Date Pages

1 Project Specifications 08/07/2013 92

2 Project Maps/Drawings 08/07/2013 23

3 Davis-Bacon Wage Determination 08/07/2013 6

SECTION K - Representations, Certifications, and Other Statements of Offerors

The offeror must include a completed copy of the following provision with their quote or indicate that they are located on website: http://www.sam.gov by initialing here: _______.

FAR 52.204-8 Annual Representations and Certifications. (JUL 2013)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the…