AG-84N8-S-15-0082.pdf

Solicitation: AG-84N8-S-15-0082

North Elk Ridge Aspen Fence Construction (Monticello RD – Manti LaSal NF)

REGION 4 UTAH ACQUISITION 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-15-0082

OFFERS ARE SOLICITED FOR: NORTH ELK RIDGE ASPEN FENCE CONSTRUCTION (MONTICELLO RD – MANTI LASAL NF) This project is set aside 100% for Small Business

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1. SF-1442 – SOLICITATION, OFFER AND AWARD (Complete, Date, and Sign)

2. Part I, Section B.1, SCHEDULE OF ITEMS

3. Part IV, Section K.1, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

4. Part IV, Section K.2, INFORMATION REGARDING RESPONSIBILITY MATTERS

5. Exhibit #2, EXPERIENCE AND EQUIPMENT QUESTIONNAIRE

6. Exhibit #3, AGAR 104A-REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

7. Exhibit #4, SUBCONTRACTOR REPORTING FORM (if applicable)

8. TECHNICAL RESPONSE AS IDENTIFIED IN SECTION M.1 (Reference Section L also)

Ensure the solicitation number is on the outside of your envelope and retain a copy of solicitation for your records.

Return to: USFS - Region 4 - Utah Acquisition Support Center

ATTN: Tamera Draper

2222 West 2300 South

Salt Lake City, UT 84119

Solicitation No: AG-84N8-S-15-0082

Please keep a copy of your quote for your records.

AN AWARD WILL BE MADE FROM THIS SOLICITATION AS SOON AS THE EVALUATION OF OFFERS HAS BEEN COMPLETED WHICH WILL

OCCUR SHORTLY AFTER THE CLOSING DATE OF THE SOLICITATION. IN ORDER TO BE CONSIDERED FOR ANY AWARD, IT IS REQUIRED

THAT CONTRACTORS BE REGISTERED, ACTIVE AND VALID IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE AT THE TIME

THAT AWARD WILL BE MADE. IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE RESPONDING TO THIS

SOLICITATION AND NOT CURRENTLY REGISTERED, ACTIVE AND VALID IN THE SAM DATABASE, THAT YOU IMMEDIATELY BEGIN THE

PROCESS. CONTRACTORS MUST ALSO BE REGISTERED IN THE SAM DATABASE UNDER THE NAIC’S CODE THAT THIS SOLICITATION IS

ISSUED UNDER. REFERENCE FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT.

THIS IS THE ONLY NOTICE THAT CONTRACTORS WILL GET INSTRUCTING THEM TO COMPLETE THE SAM REGISTRATION PROCESS IF THEY

HAVE NOT ALREADY DONE SO. THE WEBSITE IS WWW.ACQUISITION.GOV.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH THE FEDERAL BUSINESS OPPORTUNITIES (FBO) WEBSITE (HTTP://WWW.FBO.GOV). IT IS

THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED

ELECTRONICALLY THROUGH THE FBO WEBSITE.

http://www.acquisition.gov/ http://www.fbo.gov/

North Elk Ridge Aspen Fence Construction (Monticello RD – Manti LaSal NF)

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-84N8-S-15-0082

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 1, 2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

746370

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FS – Utah Acquisition Support Center (UASC) 2222 West 2300 South

USDA FS – Utah Acquisition Support Center (UASC) ATTN: Tamera Draper 2222 West 2300 South

9. FOR INFORMATION

CALL:

A. NAME

Tamera Draper

Jim Williams

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

801.975.3370

435.636.3372

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):

*****North Elk Ridge Aspen Fence Construction (Monticello RD – Manti LaSal NF) *****

In accordance with FAR 36.204, the estimated price range for this project is Between $25,000 and $100,000.

This is a Small Business set-aside project

Quotes are due by August 3, 2015 at 1:00 p.m. (Mountain Time) Local Time. Proposal may be mailed or hand delivered to:

Utah Acquisition Support Center – ATTN: Tamera Draper

2222 West 2300 South

Salt Lake City, UT 84119

Faxed or e-mail quotes will not be accepted.

An organized site visit has not been scheduled for this project. Please contact Jim Williams at 435.636.3372 for specific questions pertaining to this project.

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 (ninety) calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See 15.)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

10 Calendar Days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by August 3, 2015 at 1:00 p.m. local time. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required (in the amount of 20 percent of the bid price).

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

North Elk Ridge Aspen Fence Construction-Monticello RD (Manti LaSal NF)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 84N8 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I – THE SCHEDULE

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

North Elk Ridge Aspen Fence Construction Project

Monticello Ranger District Manti LaSal National Forest Service

San Juan County, Utah

B.1 Schedule of Items:

Item

Number

Description of Item

Unit Quantity

Unit Price Total Cost

1.0 Bonding Each 1 $ $

1.1

Aspen Fence Construction – consists of furnishing all labor, transportatin, equipment and tools

Foot 4,403 $ $

1.2

Aspen Fence Construction – consists of furnishing all labor, transportatin, equipment and tools

Foot 3,613 $ $

1.3

Aspen Fence Construction – consists of furnishing all labor, transportatin, equipment and tools

Foot 4,587 $ $

1.4

Aspen Fence Construction – consists of furnishing all labor, transportatin, equipment and tools

Foot 3,168 $ $

1.5

Aspen Fence Construction – consists of furnishing all labor, transportatin, equipment and tools

Foot 4,752 $ $

Total (foot) Quantity 20,523

Total $

The offeror shall insert a quote in the Bid Schedule opposite each pay name listed in the Schedule. A quote is not to be tendered for any item not listed. All other items not listed are incidental to one of the items listed above.

B.2 Quote on all Items. Only quotes to the nearest cent will be accepted.

B.3 Set Aside. This solicitation is set-aside 100% for Small Business.

B.4 Offeror’s Company Information:

Name of Company (please print): DUNs Number:

Printed Name of Company Agent: Phone Number:

Signature of Company Agent: E-Mail Address:

Date:

B.5 Payment for Bond Premiums: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-

Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 1.0 Bonding.

B.6 Pre-Bid Site Visit: A Pre-bid Site Visit is not scheduled for this project. Refer to Section C.2 Project Location for site information.

B.7 Start Date and Contract Time: Start date is estimated to be summer of 2015 with all activities completed 90 (ninety) calendar days after issuance of Notice to Proceed.

B.8 Disclosure of the Magnitude of Construction Projects (FAR 36.204)

The Government Estimate for this Construction Project is Between $25,000 and $100,000.

B.9 Written Acceptance

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

PART 1 – THE SCHEDULE

SECTION C - Description/Specifications/Statement of Work General Specifications

C.1 Description of Work: The North Elks Fence construction project consists of the contractor furnishing all labor, transportation, equipment, and tools to construct approximately 3.9 miles of Aspen Fencing, in 5 (five) separate fences. The

Forest Service will supply all materials. Materials are located in the Forest Service pole yard in the town of Monticello, Utah. Contractor will need to transport materials to the project work sites. Fencing will consist of a 7.5 foot high plastic mesh fence, using 10 feet metal “T” posts, metal “H” and angle braces. Purpose of the fence is to exclude deer, elk and cattle to allow for aspen regeneration.

C.2 Project Location: The North Elks Aspen Fence project is located on the Monticello Ranger District of the Manti-LaSal

National Forest in San Juan County, Utah. Location is approximately 35 miles from Blanding, Utah; take Highway 191 and go 3 miles South and take Highway 95 going West for approximately 6 miles, then take forest roads 092 and 088 to the project area. Legal description is: Township 34 South, Range 19 East, Section 12 and 24. This is in the Sego Flat, Gooseberry Guard Station and Duck lake areas on North Elk Ridge.

C.3 Pre-Bid Tour: No Pre-Bid Conference or tour is scheduled. For additional information contact Jim Williams at the

Moab/Monticello Ranger District Office located in Moab, UT. Phone: 435.636.3372.

C.4 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.

C.5 State Work Date: Work is expected to begin in the summer of 2015.

C.6 Period of Performance: The period of performance for this contract is 90 (ninety) calendar days for issuance of Notice to

Proceed.

C.7 Contractor Furnished Materials: The contractor is not required to furnish materials. If the contractor wants to materials other than the government supplied materials (such as tie wires, etc.,) costs will be the responsibility of the contractor. Any other materials used will need to be approved by the Forest Service.

C.8 Statement of Work/Specifications (52.211-72)(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 Section J.

(End of Clause)

C.9 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:

(a) Utilities are not available at the site for construction purposes.

(b) No fuel storage on site is permitted. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A written spill containment plan must be submitted and approved prior to construction.

(c) The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site.

(d) All construction equipment used on the site shall be pressure washed and inspected before entering

National Forest System lands. The equipment must be:

1) Free of all mud, seeds, plants, plant fragments and debris from treads, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brush guard assemblies (the purpose is to reduce or eliminate the transportation of noxious weeds),

2) Free of oil, fuel, or toxic leaks that would wash off into the water.

3) Notify the Contracting Officer 48 hours in advance of mobilizing equipment to the site to arrange an inspection and meet the requirements of FSSS 171.

(e) The Contractor will be able utilize the Forest Service Roads; however, the Contractor will be responsible for any damage to the roads due to construction activities. The contractor shall be responsible for obtaining permission to use all other roads and staging areas.

(f) Recycling and Disposal of Refuse – With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the

Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C.10 Workcamps, Staging and Storage Areas:

(a) STAGING AREA: The Contracting Officer Representative shall arrange the location for exterior stockpiling of materials.

The Government will provide adequate staging area as close to the project site as practicable. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The

Government assumes no responsibility for material or equipment left in the storage area.

(b) TRAILERS: The Contractor must request in writing for approval from the CO and District Ranger to stage trailers (work or housing) on site.

C.11 Biobased Product Certification (52.223-1) (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the

United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

C.12 Attachments to Statements of Work/Specifications (452.211-73) (FEB 1988)

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

C.13 Contractors Responsibility for Ensuring Employee Safety: The project area is located in the Monticello Ranger District on the Manti LaSal National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

SECTION D - Packaging and Marking

(For this Solicitation, there are no clauses for this Section)

SECTION E - Inspection and Acceptance

E.1 Clauses Incorporated by Reference. (52.252-2) (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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture

Acquisition Regulations: http://www.usda.gov/procurement/policy/agar.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (APR 1996)

E.2 Inspection and Acceptance

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated

Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the

Contractor.

SECTION F - Deliveries or Performance

F.1 Clauses Incorporated by Reference. (52.252-2) (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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

52.242-17 Government Delay (APR 1984)

F.2 Commencement, Prosecution, and Completion of Work. (52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready within the contract time stated below. The time stated for completion shall include final cleanup of the premises.

F.3 Contract Time

ESTIMATED START DATE CONTRACT TIME

Summer, 2015 90 Calendar Days

F.4 Contract Time and Winter Weather Shutdown

It is anticipated that an award will be made and project completed prior to inclement weather affecting the project site. Should inclement weather become an issue:

(a) The count of calendar days to be charged against contract time will begin on the calendar day established by the

Contracting Officer's written notice to the Contractor to proceed with the work, and will continue through the date of completion less time between Suspensions and Resume Work Orders. When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension, until winter weather has passed and work can proceed.

(b) During period of total suspension, emergency work or minor operations not affected by nor connected with the cause of suspension may be permitted by the Contracting Officer without charge against contract time.

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, ATTN: Tamera Draper, Contracting Officer

2222 West 2300 South, 2nd Floor

Phone: 801.975.3370 E-Mail: tdraper01@fs.fed.us

G.2 Contracting Officer’s Representative

The awarded 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, including a signed SF-1413 and report the percentage of subcontracting performed on this project (See Exhibit #4).

G.4 Measurement

Units of measurement shall be as indicated in the Schedule of Items.

G.5 Government Furnished Property

The Government will provide Government Furnished Material (GPM) (fencing supplies). The contractor shall follow the instructions of the Contracting Officer’s Representative (COR) regarding the disposition of all Government-furnished material and/or property not consumed in performance of the Award. The location (as well as the type, quantity, and description) of GFM will be identified in the Award.

Contractor Transporting: The contractor, with its own resources, and at no cost to the Government, shall transport all GFM, if any, described on the Award from the Government storage area to the work site indicated in the Award.

Risk and Responsibility: Once accepted, the Contractor assumes the risk and responsibility for the loss or damage to any

GFM.

G.6 Performance and payment Bonds

In accordance with FAR 52.228-15, Performance and Payment Bonds-Construction, will be required according to the amount of contract award.

G.7 Performance and Payment Bonds - Construction. (52.228-15) (OCT 2010)

(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 $150,000 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.

(2) Payment Bonds (Standard Form 25-A). 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 mailto:tdraper01@fs.fed.us 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.

G.8 Postaward Conference. (452.215-73) (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 a time and location to be determined.

G.9 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:

Email notification when invoice(s) are paid

Online payment history

Email notification when you are awarded a new contract

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 http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Taxpayer Identification Number if required by agency

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

PART I - THE SCHEDULE

SECTION H - Special Contract Requirements

H.1 Key Personnel

The Contractor shall assign to this contract the following key personnel: Site Superintendent

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 Order of Precedence - Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Bid Schedule

(2) Representations and other instructions

(3) Contract Clauses

(4) Other documents, exhibits, and attachments

(5) Forest Service Supplemental Specifications (FSSS)

(6) Standard Specifications (FP-03)

(7) (a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

(8) Shop Drawings

H.3 Wage Determination

The wage determination applicable to any contract resulting from this solicitation is determined by the county/state that the project is located in. See Section J, Exhibit 1, Wage Determination: UT150084 01/02/2015 UT84

H.4 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 fire 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 insures 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-charger;

(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.

Kind of Tool No. of People Working in Area

1-4 5-9 10-15 16-20

Axe, d.b chopping, 32-inch min. handle 1 1 2 3

Shovels, L.H. R.P., No. 0 or larger 1 3 6 7

Pulaski, 32-inch min. handle 2 3 7 10

File, 10-inch mill bastard 1 1 1 2

Pumps, backpack cans, 5-gal filled with water 1 2 2 3

H.5 Other Contracts. (52.236-8) (APR 1984) The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.6 Emergency Response. (452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

H.7 Landscape Preservation

(a)Confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Do not allow wash water or waste water from concrete or aggregate operations 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.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

H.8 Storage of Fuel and Other Toxicants within Riparian Conservation Areas (RCA – Within 300 Feet of Live Stream)

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited.

Refueling of equipment may be done within the RCA only at locations approved by the CO. Centrifugal pumps used for removing water from structure excavation shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank. A Spill Prevention & Containment Plan is required and shall be submitted to the CO for approval prior to beginning construction. A sample plan form is available and can be obtained at the Pre-Work Meeting.

A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H.9 Contractors Responsibility for Ensuring Employee Safety

A. The project area is located in the Monticello Ranger District on the Manti LaSal National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

I.1 Clauses Incorporated by Reference. (52.252-2) (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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture

FEDERAL ACQUISITION REGULATION (48 CFT CHAPTER 1) CLAUSES

I.2 Provisions and Clauses by Reference

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

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

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

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

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

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

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

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

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

(SEP 2013)

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

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

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

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (JAN 2012)

52.228-13 Alternative Payment Protections. (JUL 2000)

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

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

52.232-18 Availability of Funds. (APR 1984)

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)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

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

52.236-3 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)

52.236-8 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)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

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

52.237-1 Site Visit. (APR 1984)

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

52.244-6 Subcontracts for Commercial Items. (OCT 2014)

52.245-1 Government Property. (APR 2012)

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)

I.3 AGAR Provisions and Clauses by Reference

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

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

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

452.236-77 Emergency Response. (NOV 1996)

I.4 Provisions and Clauses in Full Text

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

(a) Definitions. As used in this provision-

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the

Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

"DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and

Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on…