AG-8508-S-15-0006.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

732400

MEDICINE BOW NATIONAL FOREST

2468 JACKSON ST

LARAMIE WY 82070

USDA Forest Service

ATTN: Star M Yeo

740 SIMMS STREET

GOLDEN, CO 80401

STAR YEO (303)275-5274

103/18/2015

AG-8508-S-15-0006

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

Solicitation AG-8508-S-15-0006

Esterbrook Work Center Plan located on Medicine Bow Routt National Forest

Description: See Section B -Schedule of Items and Section C - Statement of

Work/Description

Location: Esterbrook Work Center, 2710 Esterbrook Road, Douglas, WY 82633 is located about 30 miles south of the city of Douglas, Wyoming

Price Range: The estimate is between $25,000 to $100,000

Performance Bond shall be required at this time.

This is a TOTAL SMALL BUSINESS SET ASIDE

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

15 30 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10 in Section F

04/20/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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. DATE

BY

2PAGE OF

MEDICINE BOW NATIONAL FOREST

2468 JACKSON ST

LARAMIE WY 82070

STAR M. YEO

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 87

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-8508-S-15-0006

Remove and replace the roofs at the Esterbrook

Work Center of the USDA Forest Service Medicine

Bowe Routt National Forest and Thunder Basin

Grasslands, in the Douglas Ranger District located in Douglas, Wyoming.

Delivery: 07/31/2015

Delivery Location Code: 8508

MEDICINE BOW NATIONAL FOREST

2468 JACKSON ST

LARAMIE WY 82070 US

FOB: Destination

001 DGLS-Esterbrook WC Re-roofing

Product/Service Code: Z1FB

Product/Service Description: MAINTENANCE OF

RECREATIONAL BUILDINGS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-8508-S-15-0006

Esterbrook Work Center Re-Roof

Contents

PART I

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item. (Mar 1989)

SECTION C – DESCRIPTION & SPECIFICATIONS

C.1. PURPOSE

C.2 SITE DESCRIPTION AND LOCATION

C.3 SCOPE OF WORK

C.4 SUBMITTALS

C.5 USE OF PREMISES

C.6 CONSTRUCTIN SEQUENCE

C.7 QUANTITY DETERMINATION

C.8 PRE-BID MEETING

C.9 AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING

D.2. MARKING

SECTION E – INSPECTION AND ACCEPTANCE

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

E.2 FAR 52.246-12 Inspection of Construction. (APR 1996)

E.3 FAR 52.246-20 Warranty of Services. (MAY 2001)

E.4 FAR 52.246-21 Warranty of Construction. (MAR 1994)

E.5 INSPECTION LOCATION

E.6 ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

F.2. FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

F.3 FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

F.4 AGAR Clause 452.236-75 Maximum Workweek--Construction Schedule. (NOV 1996) Error! Bookmark not defined.

F.5 AGAR 452.211-74 Period of Performance (FEB 1988)

SECTION G – CONTRACT ADMINISTRATION

G.1 INVOICE

G.2. PAYMENT:

G.3 FOREST SERVICE REPRSENTATIVES:

SECTION H – SPECIALS CONTRACT REQUIREMENTS

H.1 4G52.222-704 Personal Protective Equipment

H.2 FIRE CONTROL

H.3 SAFETY PLAN

H.4 AGAR ADVISORY NUMBER (NO.) 88c- CONTRACTOR PERFORMANCE

INFORMATION AND CONTRACTOR PERFORMANCE SYSTEM (CPS) EVALUATIONS

H.5 AGAR 452.228-71 Insurance Coverage. (NOV 1996)

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

H.7 AGAR 452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988)

H.8 AGAR 452.237-74 Key Personnel. (FEB 1988)

H.9 452.236-78 Fire Suppression and Liability. (MAY 2014)

H.10 Barricades, Warning Signs, and Other Devices

H.11 Pre-work Conference

PART II

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

I.2 FAR 52.211-12 Liquidated Damages - Construction. (SEP 2000)

I.3 FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

I.4 FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 34

I.5 FAR 52.225-9 Buy American–Construction Materials (May 2014)

I.6 FAR 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

I.7 FAR Alternative Payment Protections (Jul 2000)

I.8 FAR 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

I.9 FAR 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

I.10 FAR 52.236-2 Differing Site Conditions. (APR 1984)

I.11 FAR 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

I.12 FAR 52.236-6 Superintendence by the Contractor. (APR 1984)

I.13 FAR 52.242-14 Suspension of Work. (APR 1984)

I.14 FAR 52.243-7 Notification of Changes. (APR 1984)

I.15 AGAR 452.228-70 Alternative Forms of Security. (NOV 1996)

I.16 AGAR 452.228-71 Insurance Coverage. (NOV 1996)

I.17 AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

(NOV 1996)

PART III

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMTNS OF

BIDDERS

K. 1 FAR 52.204-8 Annual Representations and Certifications. (DEC 2014)

K.2 FAR 52.219-1 Small Business Program Representations. (OCT 2014)

K.3 FAR 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

K.4 FAR 52.225-9 Buy American - Construction Materials. (MAY 2014)

K.5 FAR 52.225-11 Buy American - Construction Materials under Trade Agreements. (MAY 2014) 60

K.6 FAR 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials. (MAY 2014)

K.7 FAR 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements. (MAY 2014)

K.8 AGAR 452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

K.9 FAR 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts.(SEP2013)

K.10 AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN

UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION, ALT I (DEVIATION

2012-01) (FEB 2012)

SECTION L - Instructions, Conditions, and Notices to Bidders

L. 1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

L.2 FAR 52.216-1 Type of Contract. (APR 1984)

L.3 FAR 52.233-2 Service of Protest. (SEP 2006)

L.4 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

L.5 FAR 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

L.7 FAR 52.225-12 Notice of Buy American Requirement - Construction Materials under Trade Agreements. (MAY 2014)

L.8 FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods- Buy American Statute-Construction Materials. (MAY 2014)

L.9 FAR 52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods- Buy American Statute-Construction Materials under Trade Agreements. (MAY 2014)

L.10 AGAR 452.204-70 Inquiries. (FEB 1988)

L.11 AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals.

(SEP 1999)

L.12 AGAR 452.215-72 Amendments to Proposals. (FEB 1988)

SECTION M – EVALUATION FACTORS FOR AWARD

M. 1 Award Determination

M. 2 Offer Compliance

Offerors shall submit their proposal(s) in the format and quantities specified in Section L

M. 3 Evaluation Criteria and Information

M.4. Evaluation Ratings

M.6 FAR 52.217-5 Evaluation of Options. (JUL 1990)

PART I

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Douglas Ranger District, Esterbrook Work Center Roofing Project - Price should be - total cost to the Government, including; salary, travel, per diem, equipment, supplies, reporting, computer use, publishing, photographs, telephone, fax, office services, and all other related expenses.

Item No. Description Est.

Qty.

Unit of

Measure Unit Price

Total Price

1a Shop Building Remove and Replace Existing Roof Coverings 2200 SF $ $ 1b Flammable Storage Shed Remove and Replace Existing Roof

Coverings 400 SF $ $

TOTAL BASE ITEMS

OPTIONAL ITEM

2 Remove and replace existing ½” plywood sheathing on old Shop 2200 SF $ $

TOTAL OPTIONAL ITEMS $

TOTAL BASE AND OPTIONAL ITEMS $

B.2 FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item. (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within fifteen (15) calendar days from the date of award.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

Payment will be made on actual work performed. OFFERORS MUST BE REGISTERED WITH THE

SYSTEM FOR AWARD MANAGEMENT (SAM) IN ACCORDANCE TO FAR 52.204-7.

(www.sam.gov)

DUNS:_________________ Email:_________________________

END OF SECTION B

SECTION C – DESCRIPTION & SPECIFICATIONS

C.1. PURPOSE

Remove and replace the roofs at the Esterbrook Work Center of the USDA Forest Service Medicine Bowe Routt National Forest and Thunder Basin Grasslands, in the Douglas Ranger District located in Douglas, Wyoming.

All contract activities will occur in compliance with all applicable laws, regulations, and USDA Forest Service policies and procedures and in close coordination with the USDA Forest Service Contracting Officer’s Technical Representatives and Inspectors.

C.2 SITE DESCRIPTION AND LOCATION

Esterbrook Work Center, 2710 Esterbrook Road, Douglas, WY 82633

C.3 SCOPE OF WORK

C.3.1 PROJECT DESCRIPTION

This project consists of re-roofing two existing buildings at the Esterbrook Work Center located on the Douglas Ranger District. These buildings consist of the:

1) Old Shop which has 2,200 square feet (SF) of asphalt roof shingles on top of a built-up gravel roof covering.

2) Flammable Storage Shed which has 400 square feet (SF) of asphalt roof shingles.

This work includes but is not limited to the complete demolition of existing roof coverings and underlayment and replacing with new underlayment and 26 gauge standing seam metal roofing panels.

The 2,200 SF roof covering on the Old Shop consists of asphalt shingles fastened on top of an existing built-up gravel roof covering which shall also be removed down to existing sheathing prior to installing metal roof panels. The 400 SF Flammable Storage Shed consists of asphalt shingles only.

This work shall also include removing and disposing of all waste materials associated with this work, and cleanup of the site. Any damage to the building or site as a result of this work shall be the Contractor’s responsibility. All work shall adhere to industry standards, local building code requirements, and manufacturer installation recommendations.

The project shall include all labor, materials, mobilization, equipment, and incidentals necessary to perform the work. This project will be completed under a single construction contract and shall be performed in accordance with all applicable OSHA and U.S. Forest Service safety regulations. The contractor shall be responsible for obtaining all Local, State and Federal permits, as necessary. There will be no Government furnished material for this contract.

Both buildings shall be protected from the weather during construction operations to prevent damage to the structure, items, and equipment inside. The buildings will be in use during construction therefore, the Contractor shall take necessary safety measures to protect employees and the public during construction.

C.3.2 MEASUREMENT and PAYMENTS

C.3.2.1 MATERIALS/MEASUREMENT/PAYMENT

A. Material standards for the roofing work shall be as follows:

1. Metal roof panels and accessories shall be 26 gauge standing seam. Color: Brown

2. Fasteners and underlayment shall be per manufacturer recommendations.

3. Ice and water shield ( 24” minimum width along roof eaves )

4. ½” plywood sheathing

B. Measurement and Payment

1. This Contract including all work on both buildings as described in this Specification shall be measured as one (1) Lump Sum Quantity (LSQ) as listed in the Schedule of Items.

2. Payment for contract work shall be made only for and under Bid Item No. 1 “Remove and Replace Existing Roof Coverings” as listed in the Schedule of Items. All other work including but not limited to mobilization, labor, materials, equipment, and travel shall be considered incidental to Bid Item No. 1 “Remove and Replace Existing Roof Coverings”.

3. Bid Item No. “Remove and Replace Existing ½” Plywood Sheathing on Old Shop” shall be measured and paid for only as directed in writing by the Contracting Officer prior to work. Measurement and Payment shall be as one (1) Lump Sum Quantity (LSQ) as listed in the Schedule of Items.

C.3.2.2 DETERMINATION OF QUANTITIES

Old Shop = 2,200 SF roof area; Flammable Storage Shed = 400 SF. The contractor shall measure all quantities of materials incorporated into the work processes that are to be performed under this contract.

All Contractor measurements are subject to verification.

C.3.2.3 UNITS OF MEASUREMENT

Payment shall be by units defined and determined according to U.S. Standard measure and by the following:

i. Lump Sum Quantity: One complete unit of work, which may consist of one or more work items necessary to complete the task.

C.3.2.4 DESCRIPTION OF BID ITEM

A. Description of Bid Item No. 1, “Remove and Replace Existing Roof Coverings”:

This work includes re-roofing two existing buildings including the Old Shop which has 2,200 SF of asphalt roof shingles on top of a built-up gravel roof covering; and the Flammable Storage Shed which has 400 SF of asphalt roof shingles. This work includes the complete demolition of all the existing roof coverings and underlayment down to existing wood sheathing and replacing with new underlayment and 26 guage standing seam metal roofing panels on both buildings. Ice and Water Shield shall be installed along the eaves of both buildings at a minimum width of 24” up the roof slope prior to placement of metal roofing panels. This item shall also include all clean-up operations and disposing of waste materials to an approved off-site location. All work shall be done in accordance with manufacturer recommendations.

B. Description of Optional Bid Item No. 2, “Remove and Replace Existing ½” Plywood Sheathing on Old Shop”:

This work includes removing and disposing of 2,200 SF of existing ½” plywood roof sheathing and replacing with new ½” plywood roof sheathing prior to installing new metal roof covering. This item shall also include all clean-up operations and disposing of waste materials to an approved off-site location. All work shall be done in accordance with manufacturer recommendations.

C.4 SUBMITTALS

Product Data: Provide submittals for the following building materials:

1. Metal Roofing Panels and Accessories including color submittal

2. Roofing Underlayment, Ice and Water Shield

3. Metal Panel Fasteners and Clips

C.5 USE OF PREMISES

A. Storage of materials and supplies will be confined to areas as approved by the Contracting Officer.

All construction waste shall be properly disposed of in accordance with County and Wyoming State Laws.

B. Lodging and meals are available in Douglas, WY. Public restrooms are not available on-site.

C.6 CONSTRUCTIN SEQUENCE

There is no specified construction sequence for this project.

C.7 QUANTITY DETERMINATION

Quantities shall be confirmed by the Contractor prior to bid.

C.8 PRE-BID MEETING

A pre-bid/pre-proposal site visit will not be conducted for this solicitation. Bidders may choose to visit the site at no cost or obligation to the Government on their own schedule. Proposal due date and deadline will not be extended to accommodate bidder-initiated site visit(s). An onsite, pre-work meeting will be held with the successful bidder during the course of contract implementation.

C.9 AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)

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

(End of Clause)

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING

Preservation, packaging, and packing for shipment or mailing of all work delivered hereunder, by other than electronic means, shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rate(s). The Contractor shall not utilize certified or registered mail or private parcel delivery service for the distribution of reports under this contract without the advanced approval of the Contracting Officer. CD-ROMs (or other electronic media) shall be packed in labeled cartons in accordance with the best commercial practices that meet the packing requirements of the carrier and ensure safe delivery at the destination.

D.2. MARKING

Each package, report or other deliverable shall be accompanied by a letter or other document which:

D.2.1. Identifies the contract by number under which the item is being delivered.

D.2.2. Identifies the contract by project name (Esterbrook Work Center Re-Roofing).

D.2.3. Identifies the deliverable Item Number or Report Requirement which requires the delivered item(s).

D.2.4. Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

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

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

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

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 FAR 52.246-12 Inspection of Construction. (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E.3 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.

(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 within 30 days from the date of acceptance by the Government.. 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.

E.4 FAR 52.246-21 Warranty of Construction. (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect.

In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of -

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

E.5 INSPECTION LOCATION

Inspections shall be conducted by physical inspection. Inspections will be performed at the Laramie Ranger District project location at which work/reports can be inspected. Inspection of services provided hereunder will be accomplished by the Contracting Officer or his/her designee(s).

E.6 ACCEPTANCE

Formal acceptance or rejection of all services provided under the terms and conditions of this contract will be accomplished by the Contracting Officer or Contracting Officer Representative at the end of this project on a certified USDA Forest Service Form FS-6300-15 CERTIFICATE OF FINAL INSPECTION. After final payment has been received by the Contractor – the Contractor will certify by signing the USDA Forest Service Form FS-6300-16 CONTRACT RELEASE, and provide the original to the Contracting Officer.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. 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): http://farsite.hill.af.mil/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.242-13 Bankruptcy. (JUL 1995)

FAR 52.242-17 Government Delay of Work. (APR 1984)

F.2. FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the Contractor receives the Notice to Proceed (FS-6300-8), (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than September 30, 2015. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 15, 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

NOTE concerning FAR Clause 52.211-10:

(1) It is the Contractor’s due diligence to ensure this clause is in the contract when reviewing the Request for Quotation (RFQ) or Proposal (RFP) or Invitation for Bid (IFB), to ensure that a set start time and completion time are established in the contract.

(2) Should the clause not be written in the contract, then this note becomes effective and the Contractor shall commence work within 10 calendar days after the notice to proceed is issued, which shall not occur until the Government accepts in writing the bonds if they are required, and complete it by the delivery date listed on the SF 33, the form used for the contract.

(3) This note is not applicable to contracts that have FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) in them.

http://farsite.hill.af.mil/ http://www.usda.gov/procurement/policy/agar.html

*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 50 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.

F.3 FAR 52.236-1 Performance of Work by the Contractor (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of Clause)

F.4 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from Notice to Proceed through September 01, 2015.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION

G.1 INVOICE

G.1.1 The Department of Agriculture (USDA) mandated the transition of all Integrated Acquisition System (IAS) payments to the US Treasury Invoice Processing Platform (IPP). This allows electronic routing and approval of IAS related invoices. The Forest Service's (FS) completed transition to the new process is scheduled for February 24, 2014.

Treasury's IPP enables vendors to electronically enter, submit, as well as track invoice status. The invoice information entered by the Vendors in IPP is used to route the invoice through the appropriate approval process, based on the contract. The following is a small list of benefits:

• Reduces the number of improper invoices and agency data entry errors

• Reduces the amount of interest paid and will assist with compliance of the Prompt Payment Act

• Enables the FS to identify the amount of IAS invoices and its particular point in the approval process

• Provides remittance data (payment notifications) to vendors to include Treasury offset information

It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

G.1.2. INVOICE FORMAT

The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attached their companies version of the paper invoice to the IPP invoice.

G.1.3 INVOICE SHALL BE SUBMITTED TO

Contractor shall submit invoices to the IPP platform.

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

G.2. PAYMENT:

(1) Contractor and government personnel will decide on the method of payment, whether it be partial payments, based on some measure, or as one deliverable at the end of the project.

(2) Partial payments shall occur when the project will take longer than 60 calendar days.

(3) Bonds may be paid as noted in paragraph I.12.1 even if the project duration is less than 60 calendar days

G.2.1 PAYMENT WILL BE MADE BY:

Payments are made by the US Department of Treasury through information from System for Award Management (SAM).

https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/

G.3 FOREST SERVICE REPRSENTATIVES:

G.3.1 The Procuring Contracting Officer (PCO) is responsible for the administration of this contract and is solely authorized to take action on behalf of the Government. Unless specified otherwise within this contract, the PCO referred to as the Contracting Officer. The Contracting Officer for this contract is:

STAR M. YEO, CONTRACT SPECIALIST

PHONE: 303-275-5311

FAX: 303-275-5453

EMAIL: starmyeo@fs.fed.us US Department of Agriculture Forest Service, Rocky Mountain Region 740 Simms Street Golden, Colorado 80401

G.3.2 The Contracting Officer Representative is responsible for the on-site administration of this contract.

The delegated authority and responsibilities will be defined on a delegation letter issued after contract award. The Contracting Officer Representative for this contract is:

TRENTON MURPHY, FOREST FACILITIES ENGINEER

PHONE: 307-745-2319

FAX: 307-745-2398

EMAIL: tmmurphy@fs.fed.us US Department of Agriculture Medicine Bowe National Forest Laramie Ranger District 2468 Jackson St.

Laramie, Wyoming 82070-6535

Trenton Murphy and/or Star Yeo may designate up to four Inspectors on this contract. Dana Bardsly will be designated as an Inspector. Delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain contact information.

G.3.3 AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within ten (10) days after the date of contract award. The conference will be held at:

Douglas Ranger District Office 2250 E. Richards Street Douglas, WY 82633

END OF SECTION G

mailto:starmyeo@fs.fed.us mailto:tmmurphy@fs.fed.us

SECTION H – SPECIALS CONTRACT REQUIREMENTS

H.1 4G52.222-704 Personal Protective Equipment The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.2 FIRE CONTROL

H.1.1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.1.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.1.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4. An equitable adjustment in contract time may be made for this period.

H.1.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.5.2. and H.2.5.4. below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.1.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

H.1.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service.

Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards;

(b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.1.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

H.2.5.4.1. Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

H.1.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the

COR with special precautions stated.

H.1.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.1.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.1.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.1.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.1.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H.1.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared.

The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan.