AG-84N8-S-14-0067.docx

AG-84N8-S-14-0052

Duchesne Bunkhouse Construction

REGION 4 UTAH AQUISTION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NO. AG-84N8-S-14-0067

PROPOSALS ARE SOLICITED FOR: BUCKBOARD SEWER LIFT STATIONS

IMPORTANT – NOTICE TO OFFEROR:

OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS WITH THEIR RESPONSE TO THIS SOLICITATION:

1. SF 1442 (Complete, date, and sign)

2. Schedule of Items (Attachment 01)

3. Section K (Pages 29-40)

4. Delinquent Tax and Criminal Activity Certification (Attachment 06)

5. A complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

6. Subcontractor Reporting Form (Attachment 05)

7. Original plus 2 copies of technical proposal that identifies the criteria to be evaluated as noted in Section M.

8. Bid Guarantee, in accordance with FAR 52.228-1 (page 14)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE. FAXED PROPOSALS WILL NOT BE ACCEPTED.

Return to:

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE (WWW.SAM.GOV) PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

Page | 1

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-84N8-S-14-0067

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

June 2nd, 2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UTAH 84119

UTAH ACQUISITION SUPPORT CENTER

ATTN: SHAWN ATKINSON

2222 WEST 2300 SOUTH

SALT LAKE CITY, UTAH 84119

Shawn Atkinson

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 801-975-3445

SOLICITATION

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

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

See below and attachments

The estimated magnitude of this requirement is between $250,000 and $500,000.

11. The Contractor shall begin performance within 5 calendar days and complete it within 45 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |_| mandatory, |X| negotiable.

Ten (10)

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEM

See Attachment 01 – Schedule of Items

Section C - Description/Specifications/Statement of Work

GENERAL SPECIFICATIONS

BUCKBOARD SEWER LIFT STATIONS RECONSTRUCTION

Final – 5/9/2014

SCOPE OF CONTRACT

This project includes the removal of three existing lift stations and wet wells, installation of two new lift stations, installation of new gravity sewerline, and repair of an existing pressurized sewer line.

Quantities associated with these options are identified in the Schedule of Items.

PROJECT LOCATION

The project is located in the Flaming Gorge Ranger District of the Ashley National Forest, Sweetwater County, Wyoming, in Sections 28 and 29, T15N, R108W, approx. Latitude 41.248888°, Longitude -109.599054°. It is located approximately 26 miles South of Green River, WY and approximately 25 miles North of Manila, UT. The project may be accessed from Wyoming State Highway 530 and Forest Road 009.

SITE INFORMATION AND LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

Construction sites will be open to the public during construction. The Contractor will be responsible for signing and limiting public access to the construction areas.

Contractor will provide all materials and labor necessary to protect streams and water bodies, wet or dry, during construction activities. The Contractor will be required to submit a stream and water body protection plan and receive approval from the COR, in writing, prior to the beginning of construction.

All construction equipment shall be pressure washed before entering National Forest System lands. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

Water is available at the site for construction purposes. No other utilities are available at the site for construction purposes.

The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. If the Contractor chooses to camp at the site, an additional porta-potty shall be provided at the camping area for the contractor’s employees.

TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

WORK CAMPS, STAGING AND STORAGE AREAS

Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.

Overnight camping is allowed on site at a location designated by the CO.

INTERRUPTION OF EXISTING SEWER SERVICE

During the construction of the lift station, the following temporary facilities must be provided at any time the sewer system is not fully functional for all users:

Boat Ramp – If the vault toilet is not open and operation to the public, provide one porta-pottie at the boat ramp parking lot.

Special Use Permittee Residences: Provide one trailer that is designed to provide temporary shower and toilet facilities. The trailer must be equipped with hot and cold running water, two sinks, two showers and two toilets. Locate the trailer to be convenient to all residents. The water supply, energy supply and holding tank must be adequate for the period of time the service will be interrupted. Location to be approved by the Contracting Officer.

The contractor may propose an alternate solution to the items above, as long as the needs of both the public and residents are met, and the alternate solution is approved by the Contracting Officer.

Interruption of Existing Sewer Service: Do not interrupt service to facilities occupied by the Government or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated:

Notify Contracting Officer no fewer than two days in advance of proposed interruption of service.

Do not proceed with interruption of service without written permission from Contracting Officer.

Interruption of service shall be no longer than 7 calendar days.

INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

START DATE

September 2, 2014.

CONTRACT TIME

Base Bid: 45 Calendar Days

LIST OF SPECIFICATIONS

The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to, or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

Section 010250 - Construction Staking Section 011250 - Measurement And Payment Section 011900 - Mobilization Section 013300 - Submittal Procedures Section 014100 - Quality Control Section 015100 - Temporary Traffic Control Section 023701 - Sediment And Erosion Control Measures Section 024100 - Waste Material Disposal Section 024102 - Removal And Disposal Of Structures And Obstructions Section 033020 - Concrete From Packaged Dry Mix For Minor Structures Section 133402 - Utility Boxes Section 221103 - Plumbing Appurtenances Section 221300 - Onsite Wastewater Treatment Systems Section 221310 - Packaged Sewer Lift Station Section 260500 - Common Work Results For Electrical Section 260519 - Low-Voltage Electrical Power Conductors And Cables Section 260526 - Grounding And Bonding For Electrical Systems Section 260533 - Raceways And Boxes For Electrical Systems Section 260553 - Identification For Electrical Systems Section 262726 - Wiring Devices Section 311000 - Clearing And Grubbing Section 312000 - Earthwork Section 321202 - Cold-Mix Asphalt For Repairs Section 329206 - Seeding

REVISION HISTORY:

C.2 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72)(FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Sections C and J.

C.3 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-73)(FEB 1988)

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

C.4 BIOBASED PRODUCTS

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

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

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

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.usda.gov/procurement /biobased/APP.pdf.

Biobased products that are designated for preferred procurement under USDA’s Bio Preferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio Preferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, if applicable, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Within ten (10) days of contract award, the Contractor shall submit an Operations and Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually (if applicable) and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased custodial products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

END OF SECTION C

SECTION D - Packaging and Marking

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

SECTION E – INSEPCTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within seven (7) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is TBD (one year from date of award). Completion time is 45 days after receipt of Notice to Proceed.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICE

The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number. Communications shall be directed to:

Utah Acquisition Support Center Shawn Atkinson, Contracting Officer 2222 West 2300 South, 2nd Floor Salt Lake City, UT 84119

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

This contract will have a Contracting Officer’s Representative (COR) designated by appointment letter.

G.3 SUBCONTRACTS

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the Contracting Officer and submit information required by the Contracting Officer.

G.4 INVOICES

Submission of Invoices

1. Invoice Processing Platform (IPP) The Contractor shall utilize the Invoice Processing Platform (IPP) for the electronic submission and tracking of purchase orders, invoices, and payment information. IPP is a secure Governmentwide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers.

A one-time enrollment in IPP will generate a series of emails that will be sent to the point of contact established in your SAM.gov account. The first email will be from “IPP User Administration” and will contain the IPP login ID and link to the IPP Website. A second email from “Treasure UPS User Administration” containing the password will be sent within 24 hours. Once both emails are received, the Contractor will login to the IPP application and complete the registration process. After login, you will be able to access IPP training information.

IPP System benefits include the ability to create invoices directly from a contract award and submit them electronically, as well as:

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For additional information, please visit the www.ipp.gov website to learn more. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973.3131 or they can be reached at IPPCustomerSupport@fms.treas.gov.

2. Proper Invoice When accessing the IPP system, Contractors will be required to provide information necessary for the creation of a proper invoice. A proper invoice shall contain, at a minimum, the following information:

· Name and address of the contractor

· Invoice date and invoice number

· Contract number or other authorization for supplies delivered or services performed

· Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed

· Shipping and payment terms

· Name and address of contractor office to whom payment is to be sent

· Name, title, phone number, and mailing address of person to notify in the event of a defective invoice

· Taxpayer Identification Number if required by agency

· Electronic funds transfer banking information (only if required by agency)

G.5 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror(s) is required. It will be scheduled within seven (7) days after the date of contract award. The conference will be held at a location to be determined.

G.6 BID GUARENTEE, PERFORMANCE AND PAYMENT BONDS

52.228-1 Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 15% percent of the bid price or $75,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

In accordance with FAR 52.228-15, Performance and Payment Bonds- Construction, performance and/or payment bonds are also required for this contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

The Contractor shall assign to this contract a: Project Manager and Site Superintendent or Contractor Representative.

In addition, the key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H.2 WAGE DETERMINATION

The wage determination applicable to this contract resulting from this solicitation is determined by the location of the Contractor’s establishment. See Section J, Attachment 04, Wage Determination.

H.3 FIRE PRECAUTIONS

This plan outlines the channels of responsibility for fire prevention and suppression activities and sets up an attack procedure in the event of fire within the Project Area. The Project Area is defined as that area which is in and adjacent to the project rights-of-way and work areas and all roads used in connection with the work.

I. RESPONSIBILITIES

A. Contractor

Fire Suppression

1. It is understood and agreed that the Contractor will do all in his power to prevent and suppress fires on or adjacent to the Project Area, as stipulated in the contract.

2. Is responsible for and will direct all fires activities on the project until relieved by a Forest Officer and will insure that prevention and suppression action are in accordance with contract requirements, including this fire plan. He will delegate the next higher in authority on the job to be responsible for the above activities when he is not on the project.

3. In line with this agreement, men will be supplied from the Contractor's crew to fight fires on the project area up to the total number of men employed by the Contractor as they are needed by the Fire Boss. The Forest Service will make every effort to avoid calling on the Contractor for action on fires outside the Contract project area except in emergencies and will call out all needed available help to control fires in the general area.

4. The Contractor issures that this Fire Plan will be complied with by him and his employees for the duration of the contract.

B. Forest Service District Ranger

1. Is responsible for all fire activities on the Ranger District on which the contract project is located. He or his representative will discuss the fire plan with the Contractor and will discuss with him the equipment and manpower action to be taken when a fire occurs. He will notify the Contractor through the Contracting Officer's Representative (COR) to take correction measures when fire requirements are not complied with.

II. CONTRACTOR'S RESPONSIBILITY WHEN A FIRE OCCURS WITHIN THE CONTRACT PROJECT AREA

A. He will immediately send the entire contract crew with tools and equipment to the fire and take initial-attack suppression action.

B. Immediately notify the nearest Forest Service Fire Control Officer or other Forest Service employee of fire location and action taken.

C. Designate a man to act as dispatcher who will handle messages and initiate action upon request until relieved.

III. CONTRACTOR FURNISHED MANPOWER, TOOLS, AND EQUIPMENT REQUIRED ON ALL

CONTRACTS (PROJECTS) DURING FIRE SEASON

A. The Contractor shall furnish to the COR a list of manpower and equipment used on the contract on forms furnished by the Forest Service. Changes in Contractor's personnel shall be reflected in amendment to the list.

Fire Prevention

Smoking. Will be prohibited in the woods during the fire season, May 10 through October 20, except in areas agreed upon by the Contractor and Contracting Officer's Representative. No smoking is permitted while walking or working in the woods.

Refueling Chainsaw/Soil Auger. Refueling will be confined to a six-foot diameter cleared to mineral earth. Chainsaws/soil auger sparks arrester shall be U.S. Forest Service approved, and will be cleaned daily. A size "0" or larger round-pointed shovel with a minimum of a 38-1/2" handle and a fire extinguisher shall be within 10 feet of actual point of chainsaw/soil auger operation.

Burning, Blasting, or Welding. Permit will be required and will contain special stipulations pertinent to the particular job.

Spark Arresters. All internal combustion power equipment used by the Contractor on the project shall be equipped with an approved spark arrester as set forth in the publication of the USDA Forest Service, entitled "Standard 5100-1a for Spark Arresters for Internal Combustion Engines" as amended under date of July 1970, and be listed in the most recent "Spark Arrester Guide" as having been approved as meeting above standard. They shall be cleaned regularly and maintained in satisfactory working condition. The following are exempt from the requirements of the rule:

(a) Turbo-charged internal combustion engines in which 100 percent of the exhaust gasses pass through a turbo-charged;

(b) Engines of passenger carrying vehicles and light trucks equipped with a muffler with baffles that are kept in good repair (glass packs are not an approved muffler for wildland work);

(c) Water pumping equipment used in firefighting.

Spark arresters must comply with all State and Federal fire requirements.

Lunch and Warming Fires. Cooking and warming fires will not normally be permitted and then only by written permit by the COR which contain stipulations regulating use of such fires.

Hand Tools. The Contractor shall furnish one size "0" shovel (38-1/2" handle minimum) or larger, one axe, or pulaski with 26" handle or larger, and one 5 BC or larger rated pressurized fire extinguisher for each truck, each personal vehicle, each tractor, and each grader. For each welder he shall furnish one size "0" shovel and one backpump pump. For each gasoline power tools (power saw, soil auger, etc.), one shovel (38-1/2" handle minimum) and one 8-ounce or larger BC rated chemical-pressurized fire extinguisher.

Contractor shall also furnish any other equipment called for elsewhere in the contract. The shovel and fire extinguisher will be located within 10 feet of the operating chainsaw/power auger.

Storage and Parking Areas. Equipment service area, parking area, and gas and oil drum storage areas will be cleared of all flammable material for a radius of at least fifty feet. These areas must be approved in writing by the Contracting Officer's Representative in advance of use. Small stationary engine sites shall be cleared of flammable material for a radius of at least fifteen feet from such engine.

Fire Tool Box. A red fire tool box will be required to be on each work site while work is being performed. This fire tool box will contain sufficient tools to equip all persons engaged in Contractor's operation. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by the Contractor and readily available to employees. Each tool box shall be marked, "Tools for Fire Only." The COR will inspect the fire tool box and then seal the box.

SECTION I – CONTRACT CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I.1 OPTION TO EXTEND SERVICES (FAR 52.217-8)(NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within sixty (60) calendar days.

(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

I.3 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

OPPORUTNITY FOR CONSTRUCTION (FAR 52.222-23)(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered are, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

___________5.1%___________________ __________6.9%_________________

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Dixie National Forest, Southern Utah.

I.4 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FAR 52.225-10) (SEP 2010)

(a) Definitions. As used in this clause -

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

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

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

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None.

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination…