Sects_B-M_AG82ATS170014-1,_08112017.pdf

Solicitation No. AG-82AT-S-17-0014, 000001 Arapaho Roosevelt NF’s and Pawnee NG Page 4 of 44 CCRD Clear Lake & Clear Creek Campground Construction/Re-Construction

Continuation of SF 1442

Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/far/html/FARTOCP52.html.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program and biobased products, refer to the links under Section C.8.1. and C.8.2.

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Table of Contents

SECTION B – SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/SPECIFICATIONS

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 OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

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SECTION B – SCHEDULE OF ITEMS

BASE AWARD: AWARD TO 31 JULY 2018

South Clear Creek CG Construction

ITEM

NO. ITEM CODE DESCRIPTION

METHOD

OF

MEASURE QTY UOM

UNIT

PRICE

TOTAL

PRICE

1 01505(01)B Mobilization L.S. 1 Lump Sum $_________ $___________

2 00250(01)B Construction Surveying L.S. 1 Lump Sum $_________ $___________

3 01442(01)B Quality Control L.S. 1 Lump Sum $_________ $___________

4 01561(01)B Soil Erosion & Pollution Control L.S. 1

Lump Sum $_________ $___________

5 02130(01)B

Clearing and Grubbing, Slash Treatment Methods for Tops and Limbs, Logs, And Stumps D.Q. 1.20 Acre $_________ $___________

6 02221(01)B Excavation, Placement Method 4 D.Q. 313

Cubic Yard $_________ $___________

7 02221(02)B

Borrow Excavation, Placement Method 4 (Embankment) D.Q. 414

Cubic Yard $_________ $___________

8 02221(03)B Placing GFM Barrier Rock A.Q. 32 Each $_________ $___________

9 02231(01)B

Crushed Aggregate, Grading CDOT Class 6 (3/4" Minus), Placement Method D- Road and Spurs A.Q. 376 Ton $_________ $___________

10 02231(02)B

Crusher Fines, Placement Method 2- Layer Placement - Facility & Tent Pads A.Q. 216 Ton $_________ $___________

11 02462(01)B

Furnish and Install Accessible Raised Fire Ring A.Q. 8 Each $_________ $___________

12 02465(01)B

Install GFM Metal Bear Proof Box on Pedestals with Concrete Pad A.Q. 8 Each $_________ $___________

13 02472(01)B Picnic Table (Single Pad) A.Q. 8 Each $_________ $___________ 14 02514(01)B Hot Bituminous Plant Mix A.Q. 18 Ton $_________ $___________

15 02519(01)B

Aggregate Trails, 3'-0" Wide, Granite Crusher Fines 586 linear feet trail A.Q. 59.00 Ton $_________ $___________

16 02521(01)B

18-Inch Corregated Plastic Pipe with End Sections, Method C A.Q. 90

Linear Feet $_________ $___________

17 02831(01)B Wheelstops (Precast Concrete) A.Q. 13 Each $_________ $___________

18 02833(01)B Single Lane Closure Gate A.Q. 1 Each $_________ $___________

19 02833(02)B 30-Feet Double Lane Closure Gate A.Q. 1 Each $_________ $___________

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METHOD

OF

MEASURE QTY UOM

UNIT

PRICE

TOTAL

PRICE

20 02846(01)B

Furnish and Install Regulatory Sign (Aluminum) A.Q. 8 Each $_________ $___________

21 02846(02)B

Install Recreational Sign (Government Furnished Material) A.Q. 3 Each $_________ $___________

22 02933(01)B Seeding, Dry Method A.Q. 0.3 Acre $_________ $___________

23 03305(01)B Portland Cement Concrete, 4-Inch Thickness A.Q. 3

Cubic Yard $_________ $___________

24 06131(01)B Timber Borders - Length in Place A.Q. 1280

Linear Feet $_________ $___________

25 10411(01)B Site Unit Markers A.Q. 8 Each $_________ $___________

26 10414(01)B Site Identification Sign, Timber Frame A.Q. 1 Each $_________ $___________

27 10415(01)B Double Panel Interpretive Kiosk A.Q. 1 Each $_________ $___________

28 10415(03)B Construct Fee Station and Install (GFM) Fee Tube A.Q. 1 Each $_________ $___________

29 10415(04)B Concrete Dumpster Pad 6'x7' & 20' Road Section A.Q. 1 Each $_________ $___________

30 10474(01)B Facility Pad (Single) A.Q. 8 Each $_________ $___________ 31 10474(03)B Tent Pad A.Q. 8 Each $_________ $___________

32 13601(01)B

Two Unit Prefabricated Concrete Toilet with Stone Wainscotting A.Q. 1 Each $_________ $___________

SUBTOTAL (Without Mobilization) $___________

PROJECT MOBILIZATION TOTAL $___________

PROJECT TOTAL (Subtotal + Mobilization) $___________

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Clear Lake CG ADA Re-Construction

NO.

ITEM

CODE DESCRIPTION

METHOD

OF

MEASURE QTY UOM

UNIT

PRICE TOTAL PRICE

1 01505(01)A Mobilization L.S. 1 Lump Sum $_________ $___________

2 00250(01)A Construction Surveying L.S. 1 Lump Sum $_________ $___________

3 01442(01)A Quality Control L.S. 1 Lump Sum $_________ $___________

4 01561(01)A Soil Erosion & Pollution Control L.S. 1 Lump Sum $_________ $___________

5 02020(01)A

Obliteration of Abandoned Site and Demolition of Storage & Toilet Buildings L.S. 1

Lump Sum $_________ $___________

6 02130(01)A

Clearing and Grubbing, Slash Treatment Methods for Tops and Limbs, Logs , and Stumps D.Q. 0.15 Acre $_________ $___________

7 02221(01)A Excavation, Placement Method 4, Tolerance Class D D.Q. 115

Cubic Yard $_________ $___________

8 02221(02)A Borrow Excavation, Placement Method 4 (Embankment) D.Q. 15

Cubic Yard $_________ $___________

9 02221(03)A Barrier Rock, Haul & Place GFM from So. Clear Creek CG A.Q. 20 Each $_________ $___________

10 02231(01)A

Crushed Aggregate, Grading CDOT Class 6, Placement Method D (6"x12'x1000') (Entire Road Length ~1000') A.Q. 528.1 Ton $_________ $___________

11 02231(02)A

Crusher Fines, Placement Method 2- Layer Placement & 2 pass of vibratory compaction or no more displacement - for Facility & Tent Pads A.Q. 307.7 Ton $_________ $___________

12 02232(01)A Filter Fabric GeoTextile Type II - Seperation A.Q. 200.0

Linear Feet $_________ $___________

13 02462(01)A Furnish and Install Accessible Raised Fire Ring A.Q. 11 Each $_________ $___________

14 02465(01)A Install GFM Metal Bear Proof Box on Pedestals with Concrete Pad A.Q. 9 Each $_________ $___________

15 02465(02)A

Install GFM Metal Bear Proof Box (Double Unit) on Pedestals with Large Concrete Pad A.Q. 2 Each $_________ $___________

16 02472(01)A Picnic Table (Single Pad) A.Q. 9 Each $_________ $___________

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METHOD

OF

MEASURE

QTY

UOM

UNIT

PRICE

TOTAL

PRICE

17 02472(02)A Picnic Table (Double Pad) A.Q. 2 Each $_________ $___________ 18 02514(01)A Hot Bituminous Plant Mix A.Q. 22 Tons $_________ $___________

19 02519(01)A

Aggregate Trails, 3'-0" Wide, Granite Crusher Fines 125 + 240 linear ft trail A.Q. 37 Tons $_________ $___________

20 02520(01)A Timber Steps @ Site #10 A.Q. 6 Each $_________ $___________

21 02521(01)A

18-Inch Corregated Plastic Pipe with End Sections, Method C A.Q. 40

Linear Feet $_________ $___________

22 02831(01)A Wheelstops (Precast Concrete) A.Q. 13 Each $_________ $___________

23 02833(02)A 30-Feet Double Lane Closure Gate A.Q. 1 Each $_________ $___________

24 02846(01)A

Furnish and Install Regulatory Sign (Aluminum) A.Q. 2 Each $_________ $___________

25 02846(02)A

Install Recreational Sign (Government Furnished Material) A.Q. 7 Each $_________ $___________

26 02933(01)A Seeding, Dry Method (with Mulch) L.S. 0.25 Acre $_________ $___________

27 03305(01)A

Portland Cement Concrete Sidewalk, 4-Inch Thickness A.Q. 2

Cubic Yard $_________ $___________

28 06131(01)A Timber Borders Length in Place A.Q. 1496

Linear Feet $_________ $___________

29 10411(01)A Site Unit Markers A.Q. 11 Each $_________ $___________

30 10415(02)A Triple Panel Interpretive Kiosk A.Q. 1 Each $_________ $___________

31 10415(03)A Construct Fee Station and Install (GFM) Fee Tube A.Q. 1 Each $_________ $___________

32 10415(04)A Aggregate Dumpster Pad 6'X7' A.Q. 1 Each $_________ $___________

33 10474(01)A Facility Pad (Single) A.Q. 9 Each $_________ $___________ 34 10474(02)A Facility Pad (Double) A.Q. 2 Each $_________ $___________ 35 10474(03)A Tent Pad A.Q. 13 Each $_________ $___________

36 10474(04)A Replace Hand Pump with ADA Hand Pump A.Q. 1 Each $_________ $___________

37 13601(01)A

Two Unit Prefabricated Concrete Toilet with Stone Wainscotting A.Q. 1 Each $_________ $___________

SUBTOTAL (Without Mobilization) $___________

PROJECT MOBILIZATION TOTAL $___________

PROJECT TOTAL (Subtotal + Mobilization) $___________

CONTRACT TOTAL (Both Project Totals) $___________

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SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF CONTRACT

The USDA Forest Service has a requirement for work necessary to complete the reconstruction of an 11 unit campground and new construction of an 8 unit campground.

C.2 DESCRIPTION OF WORK

The new construction will include improvements added to the access road of the campgrounds; the campground loop roads and parking spurs; re/construction of campground recreational facilities including facility pads, picnic tables, fire rings, tent pads, bear-proof storage lockers, aggregate trails;) and re/construction of other recreation facilities including installing two two-unit prefabricated concrete toilets, interpretive kiosks, fee station, concrete sidewalks and pads, barrier rocks, wheelstops, culverts, gates, and signage.

Re-construction of campground recreational facilities includes but may not be limited to road, parking spurs, facility pads, picnic tables, fire rings, tent pads, bear-proof storage lockers, aggregate trails and installing two two-unit vault prefabricated concrete toilets, interpretive kiosks, fee station, concrete sidewalks and pads, barrier rocks, wheelstops, culverts, gates, and signage. There will also be the obliteration of several items including the existing vault toilet, storage shed, bulletin board and other campground amenities as marked on the drawings. Denoted camping and parking areas not designated as campsites or parking areas will be restored, seeded and mulched. Contractor shall provide all materials, labor, transportation, and supervision necessary to complete the reconstruction of an 11 unit campground and new construction of an 8 unit campground.

Details can be found in the project specifications and additional supporting documents listed in Section J.

C.3 LOCATION OF PROJECT

Guanella Pass Road goes 23 miles from Georgetown to Grant, Colorado. Georgetown is approximately 45 miles west of Denver, Colorado. The Clear Lake Camp Ground is located approximately 4 miles south of Georgetown, Colorado along the Guanella Pass Road, CR381. South Clear Creek Camp Ground will be constructed about 8 miles south of Georgetown, Colorado, along the Guanella Pass Road, CR381 in Clear Creek County.

C.4 PERFORMANCE OF THE WORK

All work shall be conducted in a safe and expedient manner in conformance with the specifications referenced in Section J, attachment J.3.

C.6 LIST OF REQUIRED SUBMITTALS

Below is a list of required submittals (to be provided after contract award):

1. Final Project Schedule

2. Quality Assurance/Control Plan

3. Safety Plan

4. Spill plan.

5. See Attached Specifications for other deliverables (submittals).

C.7 SAFETY

Contractors are subject to all applicable State and Federal OSHA rules and regulations. At time of award, the contractor shall submit to the COR, a safety plan that addresses the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. MSDS sheets shall be supplied to the COR prior to using the items in the buildings. The Contractor shall not use any materials in which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to. This does not relieve the Contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

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All equipment used in the process of cleaning the facilities shall be kept in safe working condition. All equipment used shall be inspected prior to each use. The Contractor shall remove damaged equipment from service until repairs are made or equipment replaced.

C.8 SUSTAINABLE PRODUCTS

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

C.8.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

- Competitively within a time frame providing for compliance with the contract performance schedule;

- Meeting contract performance requirements; or

- At a reasonable price.

Information about this requirement and these products is available at http://sftool.gov/green-products/1/construction-materials.

C.8.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

C.8.3 Sustainable products identified for this solicitation:

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

C.8.3.1 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). 90% - Minimum Biobased Content.

C.8.3.2 Hydraulic Fluids - Mobile Equipment

Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

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C.8.3.3 Penetrating Lubricants

Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

C.8.3.4 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. 71% - Minimum Biobased Content.

C.8.3.5 Gear Lubricants

Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

C.8.3.6 Fuel Conditioners

Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

C.8.3.7 Erosion Control

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. 77% - Minimum Biobased Content.

C.8 CONTRACT TIME

The contract time will be 150 days after the notice to proceed date.

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.

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.

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SECTION D – PACKAGING AND MARKING

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

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SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes 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)

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

452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location specified under C.3.

(End of clause)

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SECTION F – DELIVERIES OR PERFORMANCE

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 of award and complete within 150 days after the NTP as provided for on the SF 1442, block 11.

(b) Prosecute the work diligently, and (c) complete the entire work ready for use not later than 31 July 2018. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 28 August 2017. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989)

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is 150 business days after the notice to proceed date.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

The "Submit Invoice-to" address for USDA orders is 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 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 Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

Itemized invoice shall include at a minimum:

Contractor Name and Address Contract, Task Order or Purchase Order numbers Invoice Number Description of Services or work completed.

Date of services or completion.

G.2 FOREST SERVICE REPRESENTATIVES:

Klenise Wallace shall serve as the Contracts Specialist administering this contract and is the contact on all things concerning this contract. The Contracts Specialist can be reached at klenisewallace@fs.fed.us or 970-295-6680. The signing Contracting Officer (CO) will be appointed and his/her contact information will be provided upon award of the contract.

The Contracting Officer has full warrant authority over all contract issues.

A Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

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Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

The contract will be modified to reflect any approved changes of key personnel.

H.1. 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, chain saw operation.

H.2 PREWORK CONFERENCE

After issuance of contract award and 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, worksite plan, and fire prevention plans shall be finalized in writing.

H. 3 FIRE PREVENTION AND CONTROL

See Section J Attachments. The Fire Control plan can be found within the specifications attachment.

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H.4. PORTABLE TOILETS FOR CONSTRUCTION CREW. The contractor shall provide necessary portable facilities for construction crew employees as use of the government facilities is not permitted for this contract. The contractor shall ensure that maintenance and service of the portable facilities is in accordance with OSHA requirements and that the number of employees to number of facilities ratio is adhered to. Contract shall include costs for portable toilet rental and maintenance is included in overall cost to perform under this project.

H.5 AGAR ADVISORY NUMBER 96

Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 60 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

52.236-13 Accident Prevention. (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to

Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of

Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action.

This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that

Arapaho Roosevelt NF’s and Pawnee NG Page 21 of 44 might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contracting Officer Representative (COR) will contact you on time and place of post award conference.

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SECTION I - CONTRACT CLAUSES

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-28 Post-Award Small Business Program Representation. (JUL 2013) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program.

52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (May 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

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52.225-9 Buy American–Construction Materials (MAY 2014)

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 46 U.S.C. 40102(4), 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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: 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

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(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 statute 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 statute 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 statute.

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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:

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-1 Bid Guarantee (SEPT 1996) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

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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

(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) calendar 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

52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-1 Performance of Work by the Contractor (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty (50) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-2 Differing Site Conditions. (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of—

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be…