Solicitation_AG-8379-S-15-0004.pdf

REQUEST FOR QUOTATION

PAGE OF

PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-8379-S-15-0004 03-18-2015

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

SANTA FE NATIONAL FOREST

NORTHERN ACQUISITION MANAGEMENT ZONE

11 FOREST LANE

SANTA FE, NEW MEXICO 87508

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

BILL ARMSTRONG (Technical) JOSEPH VAROZ (Contracting)

438-5434 438-5341

NAME OF CONSIGNEE

8. TO:

NAME COMPANY STREET ADDRESS

STREET ADDRESS CITY

CITY STATE ZIP CODE STATE ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

April 20, 2015, 10:00 AM MDT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

1.

Chaparral Cuba Ranger District, Santa Fe National Forest. Conduct

Mastication Treatment on 70 acres and Fireline

Construction on 22,090 lineal ft.

Note: All quoters are required to submit a written offer to be considered for award. Please include all applicable taxes in your quote.

It is preferrable that offers be emailed to: jvaroz@fs.fed.us

All offers must be received no later than 10:00 A.M on

Monday, April 20, 2015.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e.

STATE

f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:jvaroz@fs.fed.us

Section B: Schedule of Items Chaparral Thinning/Mastication and Fire-line Construction Contract.

THE SCHEDULE

Name of Contractor Signature Date

DUNS # _________________________

NOTE: All quoters must submit a response to the evaluation criteria listed in Section M of the

Solicitation in order to be considered for award. Failure to submit a written response to the evaluation criteria will result in the offer not being considered for award. Contract time will be 30 calendar days. Estimated start date will be April 30, 2015. Funds for this project are non-agency funds and must be spent by June 15, 2015. Work shall be completed and billing submitted by June

15, 2015.

ITEM NO.

UNIT PRICE

1) Thinning/mastication on 70 acres ____________acre

2) Fire line construction for 22,090 lineal feet

_____________ft

3.) Mobilization

4.) Bonding

5.) TAX

Grand Total

SCOPE OF THE PROJECT:

This solicitation is for mechanical thinning/mastication and fire line construction.

One contract shall be awarded for all activities. There are 70 acres of thinning/mastication and 22,090 lineal feet of fire line construction to be done on the Cuba Ranger District of the Santa Fe National Forest in the State of New

Mexico. The treatments will reduce ladder and crown fuels on the perimeter of a proposed RX burn and create a barrier to fire spread. The majority of the project area’s topography is gentle, with slopes less than 20% with the perimeter following ridges and roads. The mastication/thinning treatment unit is a 100 foot corridor following the designated boundary. The boundary represents the exterior limits of the unit, mastication shall occur towards the interior. Contractor shall be responsible for determining the 100 foot wide width, only the exterior boundary of the unit has been painted. Mastication shall be allowed to deviate from the painted boundary, when necessary as agreed upon by the Contractor and the COR, to avoid large snags, machine inaccessible ground, or other conditions inhibiting work. The contract area is divided into 8 blocks (see map) of thinning/mastication without fire-line construction, thinning mastication with fire-line construction, and fire-line construction only. High clearance vehicles are recommended. Stand conditions are variable. There is private land along a portion of the northern boundary.

The contract calls for cutting/masticating all trees less than 10 inches diameter breast height

(DBH) and taller than 3 feet including oak and brush species and snags that are less than 16 inches DBH. Work includes construction of water bars.

LOCATION: See Included Maps

SITE VISIT: Site visit will be available on request. Please contact David Casey at

575-289-3264 for a site visit or directions to the project area.

OFFERS ARE DUE BACK BY: 10:00 AM MDT Monday, April 20, 2015 via e-mail.

Quotations shall be sent to jvaroz@fs.fed.us.

CONTRACT TIME:

30 CALENDAR DAYS from Notice to Proceed.

WORK IS ANTICIPATED TO START April 30, 2015.

It is the Government’s intention to award a single firm fixed price contract for the combined thinning/mastication and fire line construction treatments.

Unit Prices are to include all costs associated with the work. The price per unit is all inclusive.

For example, saws, overhead, profit, direct and indirect labor, equipment, etc., shall be included in the cost.

ATTACHMENTS:

1. Detailed Information Sheet, Section C

2. Maps

3. Fire Plan

4. Service Contract Act and Davis Bacon Wage Determination Nos.:

SCA WD 69-0115 (Rev.-53) and DB NM150016 01/30/2015 NM16

TECHNICAL CONTACT:

For technical questions, contact Bill Armstrong 505-438-5434. Contractors are encouraged to review the site prior to submitting a quotation.

CONTRACTING OFFICER: Joseph Varoz 505-438-5341

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SPECIFICATIONS FOR CHAPARRAL THINNING/MASTICATION AND FIRE LINE

CONSTRUCTION CONTRACT

C.1 GENERAL

C.1.1 Introduction – The purpose of this contract is to reduce the potential of torching and crown fire behavior on the perimeter of a proposed prescribed fire (RX) by reducing ladder and crown fuels, and to construct a fire line to contain RX fire. Reducing ladder and crown fuels on the perimeter of the RX burn reduces fire intensities and the probability of an escaped RX fire and increases the safety of personnel implementing the burn. This contract is for 70 acres of thinning/mastication and 22,090 lineal feet of fire line.

C.1.2 Scope - The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work in an organized systematic manner. .

Contract time shall be 30 calendar days after the issuance of the notice to proceed.

C.1.5.1 Location: The project is on the Cuba Ranger District, Santa Fe National Forest, Sandoval County, New Mexico. T.19N R.1E sec. 14, 15, 16 and T.18N R.1E sec 21, 22, 23,26,27,28.

C.1.6 Boundaries: The project boundary is marked with blue paint facing into the project area. The mastication/thinning treatment unit is a 100 foot corridor following the designated boundary. The boundary represents the exterior limits of the unit, mastication shall occur towards the interior. Contractor shall be responsible for determining the 100 foot wide width, only the exterior boundary of the unit has been painted.

C.1.7 Access to Project Area – The area can be accessed by road on the north, south and west boundaries.

FR 539, an all-weather road is the eastern boundary of the project.

C.2.0 Definitions

Brush – Species include oak, locust, mountain mahogany and ribes.

Cut Tree – All conifer trees and brush species (oak, mountain mahogany, ribes, locust) less than 10 inches DBH and taller than 3 feet. This definition includes dead trees less than 16 inches DBH.

DBH – Diameter at Breast Height (4.5 feet above the ground).

Mastication – Mechanically shredding woody material to different sizes and shapes that shall prevent uniform compaction of material.

Conifer- Species include ponderosa pine, white fir, Douglas fir, spruce, juniper and SW white pine.

Snag – A dead standing tree

Treatment Unit – Area where contract work will be completed that is delineated on the Project

Area Map.

C.4.0 Government Furnished Property

There is no government-furnished property for this project.

C.5 WORK STATEMENT

C.5.17 Thinning/whole tree mastication/fire-line construction

C5.17.1

Thinning, Mastication specifications

1) Thinning/mastication shall be done on slopes within the project area that are up to 40% where topography and ground condition permit. Machine inaccessible ground may be excluded from treatment if agreed upon between the contractor and COR. All trees less than 10 inches DBH and taller than 3 feet shall be cut and masticated, this includes oak and brush species. Trees larger than 10 inches may be masticated to provide for machine access or for safety reasons. Snags less than 16 inches DBH shall be masticated.

Stumps shall be masticated to within 6 inches of the ground surface.

2) Ground/masticated material shall be less than 18” from the ground with no concentration of ground/masticated material deeper than 6” over a 30 square foot area. Ground/masticated material is defined as mechanically processed woody material of different size and shape that would prevent uniform compaction of material. Complete grinding or mulching of the slash into a uniform consistency is not desired. Masticated material shall not impede vehicle travel along roads. Treatment along roads shall be done without affecting the proper functioning of channels leading to and from drainage structures.

C5.17.2

Fire-line Construction Specifications:

1) Clearing Limits: Fire-line shall be cleared of natural and activity slash to a width of 8 feet. A strip at least 2 foot wide to a maximum of 3 feet wide and centered within the cleared area shall be dug to mineral soil.

2) Water Bars - Water bars shall be constructed in all fire lines. Water bars shall be a minimum of 6 inches to 10 inches deep and approximately 5 feet long.

The water bar shall consist of a diagonal ditch, open at the bottom end, across the mineral soil portion of the fire line, but not in excess of the following guidelines.

Percent of Slopes: 00% - 09% - 1 Water Bar Every 200' 10% - 15% - 1 Water Bar Every 100'

16% - 20% - 1 Water Bar Every 75'

21% + - 1 Water Bar Every 50'

The contract area is divided into eight blocks A-K (see map). Treatment in these blocks are as follows:

A-B Thin/masticate/construct fire-line.

B-C Construct fire-line only.

C-D Thin/masticate/construct fire-line.

D-E Thin/masticate.

E-F Thin/masticate/construct fire-line.

F-G Thin/masticate.

H-I Thin/masticate.

J-K Construct fire-line only.

C.6. RESOURCE PROTECTION STANDARDS

C.6.1 Cultural Resources – The Project Area has been surveyed for cultural sites. All heritage resource site boundaries have been marked with white flagging.

Operations shall avoid all cultural resource sites.

If unrecorded heritage resource site(s) are discovered during implementation, all project activity in the vicinity of the site(s) shall cease, and the contractor shall notify the COR who shall notify the District

Archaeologist. Work in the vicinity of the discovered site(s) shall not resume until evaluation and treatment recommendations are determined.

C.6.2 Wet Period Restrictions

All-weather roads with a gravel or paved surface can be operated on during most weather conditions except extremely wet periods. All other roads are native surface. Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. If the soils are saturated such that ruts 4 inches or deeper are created by heavy vehicles, the COR may require that the Contractor cease operations until the soils dry out or freeze.

C.6.3 Resource Protection Measures

Infrastructure - The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, power lines, survey markers or monuments, survey witness trees and cultural sites. The Contractor will be required to repair or pay fair market value to replace any damaged improvements.

Oil Spill Prevention. If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. Contractor shall notify appropriate agencies, including Contracting Officer, of all reportable spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees or subcontractors, directly or indirectly, as a result of Contractor’s Operations. Contractor shall take whatever initial action may be safely accomplished to contain all spills.

C.6.4 Safety

When the Contractor’s operations are in progress adjacent to or on roads and trails open to public travel, the

Contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with the Contractor’s operations.

Contractor shall take precautions when operating directly adjacent to private land to avoid creating hazardous conditions that compromise the safety of residents or that may damage buildings and property.

Warning signs must be posted at least 300 feet away from the machinery or thinning crews on roads and trails adjacent to the Treatment Units while work is in progress.

C. 6.6 Noxious Weeds

Cleaning of Equipment - The Contractor shall insure all equipment moved onto Public Lands is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance. Notification shall include identifying the location of the equipment’s most recent operations. Arrangements shall be made for the COR to inspect each piece of equipment prior to it being moved onto the project area.

“Equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport of personnel.

C. 6.7 Performance Summary

The following describes the major items in the contract with the incentives and deductions for the work described.

Work Statement Performance

Standard

Gov’t Method of

Assessment

Incentive/ deduction

C5.17.1

Quality meets specifications

Visual Inspection Rework required if Contractor fails to meet standard.

C5.17.2 Quality meets specifications

Visual Inspection Rework required if Contractor fails to meet standard.

Section D – Packaging & Marking

This page intentionally left Blank

Section E – Inspection & Acceptance

E- 1 52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the

Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the

Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities, and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the

Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may

(1) By contract or otherwise, perform the services and charge to the

Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

52.246-12 -- Inspection of Construction.

Inspection of Construction (Aug. 1996)

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

Contractor shall promptly segregate and remove rejected material from the premises.

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

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

Contractor; or

(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)

E- 2 Inspection and Acceptance: The Government may, at its option, perform inspections in accordance with Clause E-1, paragraph (b). If the Government exercises this option, determination of the acceptability of the work performed will be based on these inspections and will be considered conclusive, except as otherwise provided in the contract. The Contractor or a designated representative is encouraged to observe inspections while they are under way.

(a) Inspections will consist of field observations of thinning activities to verify compliance with contract terms.

The Contracting Officer’s Representative (COR) or a designated Inspector shall perform inspections while thinning operations are in progress and immediately after they have ceased for compliance with the specifications.

(b) Acceptance will be based on 100 percent visual inspection for adherence to the

Scope of Work. If inspection shows unacceptable work, the Contractor will be required to correct deficiencies in order to comply with the COR’s direction. If COR determines work is correctable, the Contractor will be required to rework immediately.

E- 3 Quality Assurance Inspections:

(a) Work that does not meet the contract requirements will be brought to the

Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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. The full text of a clause may be accessed electronically at these addresses:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F- 2 Contract Period: The contract period shall extend for 30 days from the date issued on the Notice to Proceed issued by the Contracting Officer.

F- 3 Contract Time:. 30-Days. The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time.

F- 4 AGAR 452.211-74 Period of Performance [Of the Contract] (FEB 1988)

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

http://www.acquisition.gov/far/

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 - Measurement and Payment: Payment will be made at the rates shown in the

Schedule of Items. Successful completion will be determined by Government inspection and acceptance as the thinning and fireline construction operations occur.

(a) Quantity of measure. Visual inspection per the contract Scope of Work.

(b) Payment. Payment will be made at the unit price when all specifications have been complied with and will be made as follows:

Thinning: Hours worked times the per acre rate in the schedule of items.

Example: 5 acres x $30/acre = $150

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 - Use of Premises (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA lands or lands administered by the

USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall

(1) provide and maintain sanitation facilities for the workforce at the site, and

(2) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H- 2 – Pre-work Conference: Prior to commencement of work a pre-work conference will be scheduled. The Contractor shall attend the meeting to review the contract terms and work performance requirements. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, Safety plans, and Santa Fe National

Forest Fire Plan shall be finalized in writing.

H- 3 - Camping and Worksite Conditions: The Contractor shall obtain a camping permit from the National Forest the work is being performed on, prior to camping on Forest

Service land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of the Camping Permit.

H- 4 - Safety Plan: The Contractor shall prepare a Safety Plan, outlining actions that will be taken to perform work in a safe manner. The Safety Plan must address how Contractor will assess the work site to determine if it is safe to work in the area, and how conditions will be monitored for changing conditions. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. .

H- 5 - Contractor's Representative: All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require, in writing, that the Contractor remove from the work location any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

The Contractor's onsite representatives (Foreman/Woman & Crew Lead) shall be fully conversant in the English language.

H- 6 – Program of Work: Work shall be performed in an organized systematic manner.

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. The full text of a clause may be accessed electronically at these addresses:

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

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-7 Anti-Kickback Procedures.

52.203-13 Contractor Code of Business Ethics and Conduct.

52.203-14 Display of Hotline Poster(s)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights.

52.204-6 Data Universal Numbering System Number

52.204-7 System for Award Management. (JUL 2013)

52.204-8 Annual Representations and Certifications

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, http://www.acquisition.gov/far/

Suspended, or Proposed for Debarment. (AUG 2013)

52.211-10 Commencement, Prosecution, and Completion of Work

52.211-11 Liquidated Damages--Supplies, Services, or Research and Development.

52.211-12 Liquidated Damages-Construction

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.212-1 Instructions to Offerors- Commercial Items

52.212-3 Offerors Representations and Certifications-Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items

52.215-8 Order of Precedence-Uniform Contract Format

52.216-24 Limitation of Government Liability. (See Note 1.)

52.216-25 Contract Definitization. (Note 1.)

52.219-1 Small Business Program Representation

52.219-2 Equal Low Bids

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

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)

52.222-17 Nondisplacement of Qualified Workers

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY

2014)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Veterans. (JUL 2014)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

52.222-37 Employment Reports on Veterans. (JUL 2014)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.223-1 Biobased Product Certification.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.224-2 Privacy Act. (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.225-14 Inconsistency Between English Version and Translation of Contract

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran--Representation and Certifications.

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-16 Progress Payments.

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt payment for construction contracts. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-39 Unenforceabilityof Unauthorized Obligations.

52.233-1 Disputes. (MAY 2014)

52.233-2 Service of Protest

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-26 Preconstruction Conference. (FEB 1995)

52.236-28 Preparation of Proposal-Construction

52.242-1 Notice of Intent to Disallow Costs

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items

52.245-1 Government Property. (APR 2012)

52.246-12 -- Inspection of Construction

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)

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

452.236-70 Additive or Deductive Items. (FEB 1988)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption

(see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the

Contractor during the previous Government fiscal year, between October 1 and September

30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-6 Drug-Free Workplace. (MAY 2001)

(a) Definitions. As used in this clause-

"Controlled substance" means a controlled substance in schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 -

1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the

Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

"Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall - within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration -

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the

Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about -

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

52.244-6 Subcontracts for Commercial Items. (MAR 2015)

(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) (41

U.S.C. 3509), 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 (OCT 2014) (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 (JUL 2014) (38 U.S.C. 4212(a));

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 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.

(ix)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and

E.O. 13627).

(x) 52.225-26, Contractors Performing Private 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).

(xi) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xii) 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.

19.1008 Solicitation provisions.

(a) Insert in full text the provision at 52.219-19, Small Business Concern Representation for the

Small Business Competitiveness Demonstration Program, in all solicitations in the designated industry groups.

(b) Insert in full text the provision at 52.219-20, Notice of Emerging Small Business Set-Aside, in all solicitations for emerging small businesses in accordance with 19.1007(c).

(c) Insert in full text the provision at 52.219-21, Small Business Size Representation for Targeted

Industry Categories under the Small Business Competitiveness Demonstration Program, in all solicitations issued in each of the targeted industry categories under the Small Business

Competitiveness Demonstration Program that are expected to result in a contract award in excess of $30,000.

28.102-3 Contract clauses.

(a) Insert a clause substantially the same as the clause at 52.228-15, Performance and Payment

Bonds - Construction, in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant contract is expected to exceed $100,000. The contracting officer may revise paragraphs (b)(1) and/or (b)(2) of the clause to establish a lower percentage in accordance with 28.102-2(b). If the provision at 52.228-1 is not included in the solicitation, the contracting officer must set a period of time for return of executed bonds.

(b) Insert the clause at 52.228-13, Alternative Payment Protections, in solicitations and contracts for construction, when the estimated or actual value exceeds $30,000 but does not exceed $100,000.

Complete the clause by specifying the payment protections selected (see 28.102-1(b)(1)) and the deadline for submission. The contracting officer may revise paragraph (b) of the clause to establish a lower percentage in accordance with 28.102-2(c).

452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the

Contracting Officer.

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated

Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

Representation by Corporations Regarding an Unpaid Delinquent Tax

(a.) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the

Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that -

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American

Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin

Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If

Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.

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

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

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

4G52.222-701 Employment of Eligible Workers

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural…