2015Berenda_KingstonFenceRFQ.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ

x

IS

X X

A SMALL BUSINESS SET- ASIDE 1 56

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

AG-8399-S-15-0016 06/01/15

AND/OR DMS REG. 1

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

Gila National Forest, 3005 E. Camino del Bosque, Silver City, NM 88061 180 Days after Notice to Proceed

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

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Billy D. Lawrence, CO Sean Brown, Inspector

388-8340 894-6677

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

CLOSE OF BUSINESS

17 June, 2015

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

3:00 PM MST

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)

2015 Berenda/Kingston Fence Black Range Ranger District

See Schedule B (Next Page)

Federal Tax ID:_______________________________

DUNS No.___________________________________

No award will be made unless offeror is currently registered in the (SAMS) Database.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

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)

CONSTRUCTION RFQ SOL NO: AG-8399-S-15-0016

UNIT: Gila N.F.

PROJ NAME: 2015 Berenda/Kingston Fence

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Item Description Unit of Measure Price/Mile Total Price

Construct approximately 1.5 miles of new fence.

Per Mile of

Fence

All pricing shall include the New

Mexico gross receipts tax.

Total

Note: It is the responsibility of the offeror to verify the actual distances for both fences.

No award will be made unless the offeror is currently registered in the (SAMS) database.

See Section M for evaluation criteria. Offeror’s must submit Past Performance

Questionnaire (see section J) in response to Section M.

By signing below you have answered and acknowledged the Tax Liability information on page 26 and 27 of this solicitation.

Contractor’s Signature Date

NOTE: FACSIMILE OR E-MAILED OFFERS WILL NOT BE

ACCEPTED OR CONSIDERED FOR AWARD.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

1.Introduction

The Black Range Ranger District has a requirement for the construction approximately 1.5 miles of livestock fence. The work will be split between two fences. The first fence is approximately

.5 miles in length located on the Berenda Allotment. The second fence is approximately 1 mile in length located on the Kingston Allotment. Work is expected to begin as soon as possible and be completed within 180 calendar days from date of the issuance of the Notice To Proceed.

2. Scope of Contract

This contract is to acquire services for approximately 1.5 miles of fence reconstruction. The construction will be between two separate project locations, 1 mile on the Kingston Allotment and .5 miles on the Berenda Allotment. The 1.5 miles of fence will be a 4 strand barbed wire fence. The fence must meet Forest Service standards and specifications as outlined in this document. Designated gate locations will be identified for wire gate or pipe gate installation.

The fence right of way will be identified by the existing fence and will be cleared eight foot on each side of the fence for a sixteen foot right of way. The old existing fence material (barbed wire, smooth wire, t-posts, and brace posts) that are to be replaced will need to be removed and properly disposed of by the contractor completing the work on the ground. Off road travel will be assessed and authorized on a case-by-case basis by COR and District Ranger. Due to topography and location, more brace posts than usual may be required and packing of materials to and from the job site will be required. The majority of fence material will be Government furnished material.

There are no cultural resource sites located within the project area.

3. Project Location

Location: The project area is located on the Black Range Ranger District (Gila NF), Sierra

County, New Mexico. The Berenda fence project legal is Township 17 South, Range 9 West, Sections 6 and 17; New Mexico Prime Meridian.

Access is via New Mexico Highway 27, and Forest Road 522. At the Junction of FR522 and

FR41460 go west to FR1146N. Travel to the end of FR1146. From the end of FR1146 continue west up the drainage for roughly 2 miles.

Location: The project area is located on the Black Range Ranger District (Gila NF), Sierra

County, New Mexico. The Kingston fence project legal is Township 15 South, Range 9 West, Sections 25 and 26.

Access is Via New Mexico Highway 162 and Forest Road (FR) 157. At the junction of FR157 head north approximately 4 miles to Mineral Creek.

4. Pre-Bid Showing

A pre-bid showing is scheduled for June 11, 2015, beginning at 9:00 am at the Black Range RD, 1804 N Date Street, Truth or Consequences, NM 87901. The contractor must provide their own transportation to job site (4wd vehicle appropriate) and meals, as well as be able to walk or ride horseback to the sites. Contact Sean Brown at (575) 894-6677 if you are interested in attending.

TECHNICAL SPECIFICATIONS FOR FENCE CONSTRUCTION

1.1 General Description for Reconstruction: The new fence will be constructed following flagged right of way. Existing fence will be replaced with new material by following the old fence lines in as straight a line as possible. A rock drill may be required where it is not possible to dig or drive posts. Contractor shall provide rock drill, and all associated tools and labor to drill as necessary.

1.2 Fence Wire: All wire will be tightly stretched. Tension for the fence will be in accordance with industry standards. When ending wire at a brace post, the wire will be wrapped around the post twice then secured by wrapping back on the stretched wire (figure 1). The tie shall be made on the center line of the post to avoid the turning and slackening tendency. No more than one-quarter mile will be stretched at one time. Wire spacing shall be as follows:

First (bottom)- 16 inches above ground

Second- 8 inches above bottom wire (24” from ground)

Third- 8 inches above 2 nd wire (32” from ground)

Fourth (top)- 10 inches above 3 rd wire (42” from ground)

Allowable spacing tolerance will be +/- 2” from designated heights and spacing’s. In some areas more wires may need to be added to achieve the bottom or the top wire height. Weights shall be attached to the fence in low spots to prevent lift up of t-posts, refer to Figure 4. All strands shall be tight.

1.3 Stays: Three metal fence stays will be placed in each panel evenly between posts.

Allowable spacing tolerance will be 6” +/- from line post.

1.4 Posts: Steel posts will be placed 16 feet apart. Posts will be no taller than 48” above ground

(+/- 2” allowable height tolerance). Allowable spacing tolerance will be 18” if obstacles occur that do not allow posts to be driven the required depth. No offset of the fence line will be allowed if the posts need to be moved to avoid obstacles. Where solid rock is encountered below the surface, posts shall extend a minimum of nine inches into the rock or stop when the top of the anchor plate is a minimum of four inches below the ground surface. Un-drivable posts will be embedded by utilizing a rock drill. Line wire will be fastened to the steel posts at the specified spacing using galvanized fence post clips. Clips will be clamped down securely on both clip ends and snug on the steel post as to allow no up and down movement of the wire along the steel post.

Trees will not be used as brace posts or corner posts.

1.5 Braces: Angle Iron braces will be constructed out of pre-cut angle iron accompanied with appropriate bolts. They will be installed every quarter mile (and or every end of fence rolls) and need to be buried and cemented at a depth of 24 inches, and a height of 5’ above ground (figure

2). Allowable depth tolerance will be +/- 6” of requirement. Concrete will be provided for metal corner braces. Additional braces may be needed in locations where the fence needs to change direction. A wire fence crib may also be constructed as a corner brace in lieu of angle iron braces (figure 3).

1.6 Gates: Gates will be placed in existing gate locations. Gates will be 16 feet wide at roads.

Gates specified for only livestock movement will be 10 feet wide. All gates will be constructed with four strands of barbed wire and three wooden stays (10 foot gate) and four wooden stays

(16 foot gate). All gate wires must be pre-stretched. In some instances, metal gates may be provided.

1.7 Depression or Watergap: When the fence line crosses a depression or drainage, a brace is to be constructed on either side of the depression or drainage. Additional strands of barbed wire will be required as well as the use of rock “dead men” of sufficient weight to adequately close the gap and securely hold the fence down (see Figure 4).

1.8 Right of Way Clearance: The fence right of way will be identified by the existing fence and will be cleared eight foot on each side of the fence for a sixteen-foot right of way.

D. PERFORMANCE WORK STATEMENT TASKS

The following tasks will be performed to the quality performance requirements shown on the

Performance Requirements Summary Table.

The contractor shall provide the following:

1.1 Quality Control Plan: The contractor shall establish and maintain a complete Quality Control

Plan acceptable to the Government to ensure the requirements of the contract are provided as specified.

1.2 Work Plan: The work plan shall describe how the contractor plans to perform the project work. Include methods, personnel and equipment.

1.3 Work Schedule: The work schedule shall describe when the contractor plans to perform the project work. Include methods, personnel and equipment.

1.4 Progress Schedule: The contractor will prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task.

Table 2. Performance Requirements Summary

G. SPECIAL CONTRACT REQUIREMENTS

1. Working Hours

Monday – Friday, daylight hours only!

2. Camping/Camp Operations

The following if the contractor is planning on camping:

Campsite locations must be pre-approved in writing by the COR and District Ranger.

Camps may be set up a maximum of five (5) days prior to use. Camps and equipment shall be removed within five (5) days after use unless approved in advance by the a COR.

Task Performance Standard Acceptable

Quality

Level

(AQL)

Monitoring

Method

Disincentives Payment

C1.3, C1.4, C1.5

Stays equally placed; line posts placed at recommended spacing; brace posts at recommended depth

90% Review contract records;

Inspect every

½ mile and randomly

Re-work at contractors expense

90%

D1.1 On site quality control inspections are submitted weekly

100% compliance

Submittal review

Will not issue

Notice to

Proceed

N/A

D1.2 The Work Plan includes methods, personnel and equipment

100% compliance

Work Plan

Review

Will not issue

Notice to

Proceed

N/A

D1.3 The Work Schedule defines the time frame the contractor will perform the work

100% compliance

Work

Schedule

Review

Will not issue

Notice to proceed

N/A

D1.4 The Progress Schedule includes the order in which the contractor will perform the work and anticipated dates of initiation and completion.

Submitted weekly

100% compliance

Progress

Schedule

Review

Will not issue

Payment

N/A

When camps are dismantled, native materials shall be scattered or placed so they blend into the natural setting. Campsites will be restored to as natural a condition as possible.

All camps will be kept in a clean and orderly condition on a daily basis.

Temporary pit toilets are required at camps with five (5) or more people that are occupied longer than one day.

Theft or loss will be at the expense of the contractor.

Leave No Trace (LNT) Outdoor Ethics- Contractors will ensure the following LNT ethics are observed:

Pack it in, Pack it out.

Inspect campsites and rest areas for trash or spilled foods.

Pack out all trash.

Do not damage historical structures or remove any artifacts.

If cooking fires should be necessary, keep fires small. Use only dead and downed wood. Put out campfires completely.

When fires are out, restore campfire area back to original condition.

No feeding of wildlife will be permitted.

All food, supplies and trash must be appropriately stored if camping area should be left unattended.

3. Vehicle Use

Movement of equipment off of designated roadways shall not be permitted unless approved in writing by the COR.

4. Livestock Operations

The following must be followed if the contractor is planning on using livestock for riding or packing in fence materials:

Temporary electric fence corrals are authorized for control of livestock. Such corrals will be located away from trails and water, and the electric fence and all hardware will be removed after each use.

Tied Livestock must be high lined. High lines must be tied to trees greater than 8” DBH.

Hay must be certified as weed free. COR will provide vendors upon request.

H. SPECIFICATIONS

Figure 1. Splicing and Tying

Figure 2. Steel Corner Brace

Figure 3. Wire Fence Cribs

Figure 4. Depression/Water

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from _Issuance of Notice to Proceed through 180 calendar days_.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from _TBD__ through _TBD__.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within

_10_ days after the date of contract award. The conference will be held at _Reserve Ranger

District, Reserve, NM.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The U.S. Department of A1. Government Furnished Property (GFP)

The Forest Service will provide the following fence materials for the project:

Material Type

Barbed Wire

Steel T Posts/Clips

Steel Brace Posts Sets

Metal Fence Stays

Cement

Extra materials are provided for the installation of gates and water gaps.

All government provided fence materials shall be issued by the COR to the contractor, by appointment, through the completion of (AD Form 107). Protection, storage, and proper use of fence materials will become the responsibility of the contractor upon issuance. The contractor shall provide the safekeeping method during the Pre-work Conference which must be acceptable to the COR and/or designated Inspectors. Any fence materials signed-out by the contractor that are lost, stolen, or improperly used shall be replaced with in-kind material, by the contractor, at the contractor’s expense. All remaining unused or excess fence materials shall be returned to the

COR or designee(s) for verification and release from the AD-107 form (at the District Office).

All location maps and project maps attached.

H-1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __Foreman____

(b) During the first thirty (30) 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 30-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-2 PERSONAL PROTECTIVE EQUIPMENT

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

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

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

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations.

These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. 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.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American

National Standards Institute (ANSI) standard Z89.1-1997.

7. 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.

8. 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 e.g., chain saw operation.

H- 3 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District

Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service.

The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public.

Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires.

No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski,10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A

10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of

1foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

H-4 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H-5 52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR

1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Project Magnitude: Less than $25,000.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

52.202-1 Definitions (JAN 2012)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2009)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside or Sole Source Award (NOV 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $550,000)

Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL

2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2010)

52.222-41 Service Contract Act of 1965 (NOV 2007)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) http://www.usda.gov/procurement/policy/agar.html

52.222-50 Combating Trafficking in Persons (FEB 2009)

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

Contracts (DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

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)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2010)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT

2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

Non Discrimination

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil

Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272

(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees

(Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the

Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National

Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of

February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the

Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further

Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance

Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive

Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the

Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the

Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the

Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the

Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The

Contractor shall-

(1) Obtain the required employee notice poster from the Division of

Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of

Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management

Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-

Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-

Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the

Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

____GS-5_____ _________$13.14 _____________

AGAR 409.471 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS

Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service solicitations above the micro-purchase threshold:

(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.

(End of provision)

Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service contracts above the micro-purchase threshold entered into with any entity that is a corporation:

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.

(End of Clause)

FAR 52.228-15 Performance and Payment Bonds—Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

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

https://www.acquisition.gov/far/html/Subpart%2028_1.html#wp1086421 https://www.acquisition.gov/far/html/FormsStandard4.html#wp1176615

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

(3) Additional bond protection.

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

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

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

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury

Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with

Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular

570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

https://www.acquisition.gov/far/html/FormsStandard5.html#wp1176623 http://www.fms.treas.gov/c570/

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor ____________ This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

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

PRICE RANGE

Contract magnitude is:

Between $25,000 and $100,000.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Map

Wage Rates

Fire Plan

Experience Questionnaire

General Decision Number: NM150039 02/06/2015 NM39

Superseded General Decision Number: NM20140039

State: New Mexico

Construction Type: Building

Counties: Hidalgo and Sierra Counties in New Mexico.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the

EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the…