RFP_AG-9A23-S-13-0039_LI_Boarding_Floats.pdf

.OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP #AG-9A23-S-13-0039

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

Sept 11, 2013

PAGE OF PAGES

1 44

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

655263

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOUTHERN CALIFORNIA ACQUISITION SERVICE AREA

1839 S. NEWCOMB STREET

PORTERVILLE, CA 93257

SOUTHERN CALIFORNIA ACQUISITION SERVICE AREA

NANCY RUGGERI, CONTRACTING OFFICER

1839 S. NEWCOMB STREET

PORTERVILLE, CA 93257

E-mail: nlruggeri@fs.fed.us

9. FOR INFORMATION

CALL:

A. NAME

NANCY RUGGERI

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

559-784-1500, Ext. 1240

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):

SEQUOIA NATIONAL FOREST

LAKE ISABELLA REPLACEMENT BOARDING FLOATS PROJECT

Price Range:

Price range is between $250,000 and $500,000.

DUNS #________________________

TIN #__________________________

POINT OF CONTACT FOR SOLICATATION AND CONTRACT: _________________________________________

PHONE NUMBER: ________________________________ FAX NUMBER: ____________________________

E-MAIL ADDRESS: ______________________________________

NOTE: ANY REFERENCE TO “BID” MEANS “OFFER”NOTE: ANY REFERENCE TO “BID” MEANS “OFFER”

11. The Contractor shall begin performance within 5 calendar days after issuance of the Notice to proceed and complete the work not later than 60 calendar days after issuance of the Notice to Proceed. This performance period is mandatory, negotiable.

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

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 2:00 local time October 15, 2013 (date). 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% of the offered total 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 60 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)

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 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

BY

31C. AWARD DATE

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

Solicitation #RFP #AG-9A23-S-13-0039 Project: Lake Isabella Replacement Boarding Floats Project

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

**SCHEDULE OF ITEMS**

LAKE ISABELLA REPLACEMENT BOARDING FLOATS PROJECT

SEQUOIA NATIONAL FOREST

OFFERORS PLEASE NOTE: BEFORE PREPARING PROPOSAL, CAREFULLY READ THE CONTENTS OF

THIS SOLICITATION COMPLETELY. OFFERORS ARE FURTHER CAUTIONED TO INSPECT THE

CONSTRUCTION SITE AND INVESTIGATE TRANSPORTATION, WEATHER, AND LOCAL LABOR

CONDITIONS.

ITEM DESCRIPTION METHOD PAY EST. UNIT AMOUNT

NO. OF MEA. UNIT QTY. PRICE BID

BASE ITEMS

01301(01) Mobilization LSQ 1 LS $___________ $______________

02100(01) Demolition LSQ 1 LS $___________ $______________

02500(01A) Boarding Float: 8 feet wide by 80 feet long AQ 3 EA $___________ $______________

02500(01B) Boarding Float: 8 feet wide by 60 feet long AQ 2 EA $___________ $______________

02500(01C) Boarding Float: 8 feet wide by 20 feet long AQ 1 EA $___________ $______________

02500(02) Tapered Aluminum Gangplank AQ 6 EA $___________ $______________

02500(03) Concrete Cable Vault AQ 7 EA $___________ $______________

02500(04) Wire Rope and Hardware LSQ 1 LS $___________ $______________

02500(05) Concrete Anchor – 4100 pounds AQ 14 EA $___________ $______________

TOTAL $___________ $______________

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1. DESCRIPTION OF WORK

Furnish all labor, equipment, and material to accomplish the work under this contract. The project consists of replacement of boat launch facilities at one (1) developed campground (Camp 9); and four (4) recreation areas (Launch 19, Old Isabella, South Fork Recreation, and Tillie Creek Day Use) adjacent to Isabella Lake. All five recreation sites are located on the Kern River Ranger District of the Sequoia National Forest.

The project includes the following activities:

Launch 19/Main Dam Recreation Area:

1. Provide final drawings and design calculations for the boarding float with gangplank as specified.

Drawings and calculations shall be stamped by a California Registered Professional Engineer.

2. Demolish and remove the existing boarding float with gangplank. Remove wire rope, concrete vault and anchors, and associated hardware connections.

3. Install new wire rope, new concrete vault and anchors, and associated hardware connections.

4. Install a new heavy-duty steel framed boarding float (80’ X 8’) with concrete panel decking, a tapered aluminum gangplank (17’ long), galvanized steel grab rails, and plastic lumber fender boards.

Old Isabella Recreation Area:

1. Provide final drawings and design calculations for the boarding float with gangplank as specified.

Drawings and calculations shall be stamped by a California Registered Professional Engineer.

2. Demolish and remove the existing two boarding floats with gangplanks. Remove wire rope, concrete vaults and anchors, and associated hardware connections.

3. Install new wire rope, new concrete vaults and anchors, and associated hardware connections.

4. Install two new heavy-duty steel framed boarding floats (one 80’ X 8’ and one 60’ X 8’) with concrete panel decking, two tapered aluminum gangplanks (17’ long), galvanized steel grab rails, and plastic lumber fender boards.

South Fork Recreation Area:

1. Provide final drawings and design calculations for the boarding float with gangplank as specified.

Drawings and calculations shall be stamped by a California Registered Professional Engineer.

2. Demolish and remove the existing boarding float with gangplank. Remove wire rope, concrete vault and anchors, and associated hardware connections.

3. Install new wire rope, new concrete vault and anchors, and associated hardware connections.

4. Install a new heavy-duty steel framed boarding float (60’ X 8’) with concrete panel decking, a tapered aluminum gangplank (17’ long), galvanized steel grab rails, and plastic lumber fender boards.

Camp 9 Campground:

1. Provide final drawings and design calculations for the boarding float with gangplank as specified.

Drawings and calculations shall be stamped by a California Registered Professional Engineer.

2. Demolish and remove the existing aluminum boarding float with gangplank. Remove wire rope, concrete vault and anchors, and associated hardware connections.

3. Install new wire rope, new concrete vault and anchors, and associated hardware connections.

4. Install a new heavy-duty steel framed boarding float (80’ X 8’) with concrete panel decking, a tapered aluminum gangplank (17’ long), galvanized steel grab rails, and plastic lumber fender boards.

Tillie Creek Day Recreation Area:

1. Provide final drawings and design calculations for the boarding float with gangplank as specified.

Drawings and calculations shall be stamped by a California Registered Professional Engineer.

2. Demolish and remove the existing aluminum boarding float with gangplank and two cable anchor systems. Remove wire rope, concrete vaults and anchors, and associated hardware connections.

3. Install two new cable anchor systems, including new wire rope, new concrete vaults and anchors, and associated hardware connections.

4. Install one new heavy-duty steel framed boarding float (20’ X 8’) with concrete panel decking, a tapered aluminum gangplank (17’ long), galvanized steel grab rails, and plastic lumber fender boards.

The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making estimates of quantities of work.

The Contractor is advised to submit technical proposals and pricing in accordance with Section M, Evaluation Factors for Award.

C.2. PROJECT LOCATION

The project sites are located around Lake Isabella on the Kern River Ranger District of the Sequoia National Forest and are listed below:

1. Launch 19/Main Dam Recreation Area is located approximately one mile northwest of the community of Lake Isabella. Take Hwy 155 northwest, turn right on Ponderosa Drive and follow the signs to the boat launch facility.

2. Old Isabella Recreation Area is located approximately one mile northeast of the community of Lake Isabella. Take HWY 178 east and turn left at the Old Isabella RA sign.

3. South Fork Recreation Area is located approximately three miles northeast of the community of Lake Isabella. Take Hwy 178 east and turn left at the South Fork RA sign.

4. Camp 9 Campground is located on the east side of Lake Isabella approximately five miles southeast of the community of Kernville. Take County Road 521 Sierra Way southeast and turn right at the Camp 9 Campground sign.

5. Tillie Creek Recreation Area is located just south of the community of Wofford Heights. Take Hwy 155 south approximately one half mile, turn left at the Tillie Creek Campground and Recreation Area sign, follow the main road to the right at the campground entrance, and pass the four group campsites on the left to the boat launch facility and parking area on the left.

C.3. CONTRACT TIME

Estimated start work date is November 4, 2013, subject to suitable water levels at the project sites around Lake Isabella. The contract time will be 60 days. Contract time includes delays for weather; transporting supplies and materials; and final site cleanups. Contract time may exclude submittal approval and fabrication time.

C.4. PROJECT SITE CLEAN UP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, and residue off of National Forest Land. All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal. If needed, during the Work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

C.5. PRICE RANGE

The price range of this project is between $250,000 and $500,000.

C.6. SPECIAL CONDITIONS AFFECTING THE WORK

a. Weather. Low temperatures at the project sites range from temperatures of less than 20 ºF in December and January to lows of 65 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. Icy conditions on local roads and highways can occur during the fall, winter and spring. Highway curves in shaded areas will remain covered with ice or frost for weeks.

b. Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry Worker’s Compensation Insurance.

c. Camping: Camping is not permitted at the project site under any condition. Camping in US Forest Service campgrounds require prior written permission from the Contracting Officer.

d. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

e. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. No work on weekends or holidays without the prior approval of Contract C.O.R. Weekend equipment work is not allowed at any time during the Work. Dogs, pets and/or children are not allowed on the project site at any time.

f. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

g. Temporary Site Utilities. Contractor may install temporary site utilities to support work on the project.

The installation of temporary utilities is the responsibility of the Contractor and shall be paid for by the Contractor. The Contractor shall provide the Contracting Officer with written certification that all temporary site utilities have been properly disconnected and final utility bills are paid in full.

h. Toilets. Contractor may use toilets at the recreation areas, if available. No shower facilities are available. Contractor shall provide toilet facilities for its employees if the toilet buildings are not available.

i. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site.

j. Security. Contractor is responsible for the Contractor’s equipment and project materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

k. Burning Permits. Contractor is subject to all rules and regulations governing the on-site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

l. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. (Also see C.9., Equipment Cleaning, below for additional information regarding required equipment cleaning). Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws.

Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

m. Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Cut-off date for any explanation, interpretation or RFI’s will be 1 week prior to the closing date of this solicitation. Oral explanations or instructions given before the award of a contract will not be binding.

n. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, FAR 52.236-27, SITE VISIT.)

C.7. PRE-BID TOUR

A Pre-Bid Tour will not be conducted. Offerors are highly encouraged to inspect the project work sites on their own.

Please complete the following:

[ ] I have made a site visit.

Name of individual that visited the site and date visited

[ ] I have not made a site visit.

C.8. CONDITIONS AFFECTING THE AWARD OF CONTRACT

Contractors are directed to Section K, L and M of the contract. These sections have questions that must be answered fully and completely to be considered for award. The contractor is to pay particular attention to the requirements for submittal of a technical proposal and the requirements contained within the evaluation criteria in Section M. Failure to submit a technical proposal may cause your proposal to not be considered for award.

C.9. EQUIPMENT CLEANING

The contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain or hold noxious weeds. Contractor shall certify in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to other project areas.

Measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all equipment operating off of paved roadways. A current list of noxious weeds of concern to Forest Service is available at the Forest Supervisor’s Office. Contractor shall clean off-road equipment prior to moving between project areas having known infestations with noxious weeds and other project areas, if any, which are free of such weeds. Project Area maps show areas known by Forest Service that contain specific noxious weed species of concern. Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Contractor shall notify Forest Service at least 24 hours prior to beginning of work in area designated as a noxious weed area, unless otherwise agreed. Notification shall include the location of the equipment’s most recent operations. If the prior location of the off-road equipment cannot be identified, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, Contractor must arrange for Forest Service to inspect each piece of off-road equipment prior to it being placed into service. If contractor desires to clean off-road equipment on National Forest land, such as at the end of a project or prior to moving to a new unit that is free from noxious weeds, Contractor and Forest service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any. New infestations of noxious weeds, of concern to Forest Service and identified by either Contractor or Forest Service, within the project area or on the haul route, shall be promptly reported to the other party.

C.10. 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 this solicitation.

C.11. Drawings and Specifications Specifications are attached as Attachments 1, 2, & 3.

Project Drawings are attached as Attachment 4.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.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): www.acquisition.gov

E.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) http://www.acquisition.gov/

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): www.acquisition.gov

F.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.211-13 Time Extensions (SEPT 2000) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.3. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within 60 calendar days after issuance of the Notice to Proceed.

The time stated for completion shall include final cleanup of the premises. The estimated start work date is November 4, 2013.

F.4. AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is Monday through Friday 7:00 am to 5:00 pm.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1. GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

NONE

G.2. INVOICES

All invoices must be submitted via email to: nlruggeri@fs.fed.us and srray@fs.fed.us

In accordance with the Federal Acquisition Requisitions (FAR) clause 52.232-25(a)(3)(i) through (x) Prompt Payment, a proper invoice must include the following for supplies or services:

i. Name and address of the contractor.

ii. Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

iii. Contract number or other authorization for supplies delivered or services performed. For example: AG-9A23-C-11-9876.

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

v. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

vi. Name (where practicable), title phone number, and mailing address of person to notify in the event of a defective invoice.

vii. Any other information or documentation required by the contract.

If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt.

mailto:nlruggeri@fs.fed.us mailto:srray@fs.fed.us

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions: The area is normally accessible year-round but is not guaranteed.

(c) Transportation facilities are by county, state, and forest roads (paved and unpaved).

H.2. UTILITY SERVICES

There may be limited utilities available, but not guaranteed.

H.3. THREATENED OR ENDANGERED SPECIES

Location of known threatened or endangered species protected under the Threatened or Endangered Species Act (1973), will be identified for the Contractor before work commences. Upon discovery by either party (Government or Contractor) of additional threatened or endangered species, activity in the area shall cease and the find shall promptly be reported to the other party. Newly discovered or listed threatened or endangered species identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the threatened or endangered species’ significance can be made and provision for their protection and conservation implemented.

H.4. AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.5. SSP.1 PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, the Contractor shall be required to furnish his/her tentative progress schedule in writing. The contractor's foreman is encouraged to attend this meeting.

H.6. SSP.2 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

H.7. SSP.3 LANDSCAPE PRESERVATION

(a) The Contractor shall 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. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as required by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments, or into natural or manmade channels leading thereto. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on/or in the vicinity of the project which are caused by the Contractors employees directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractors employees or resulting from construction operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.8. SSP.4 CONTRACTOR'S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

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 the Contractor's employees, whether set directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

H.9. SSP.5 AVAILABILITY OF CONTRACTOR'S EMPLOYEES AND EQUIPMENT

When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency work whether or not caused by the Contractor. Payment will be made at not less than the current area rate established by the Forest Service. Employees and equipment will be released when other labor and equipment adequate for the protection of the area is obtained.

H.10. SSP.7 SUPERVISION

The contractor shall directly superintend all work performed or assign an on-site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language.

H.11. SSP.5 WINTER SHUTDOWN

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 such winter weather has passed and work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.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):

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

I.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011) 52.209-6 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) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-8 Utilization of Small Business Concern (JUL 2013) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2010) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) http://www.usda.gov/procurement/policy/agar.html

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991), Alt 1 (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering -- Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I

(SEP 1996)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of

Improvements) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

I.3 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452-232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452-236-72 Use of Premises (NOV 1996) 452-236-73 Archeological or Historic Sites (FEB 1988) 452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452-236-76 Samples and Certificates (FEB 1988) 452-236-77 Emergency Response (NOV 1996)

I.4. FAR 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— https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964

(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) Trade style, 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 registration at https://www.acquisition.gov .

Alternate I (Jul 2013). As prescribed in 4.1105(a)(2), substitute the following paragraph (b)(1) for paragraph

(b)(1) of the basic provision:

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management 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. If registration prior to award is not possible, the awardee shall be registered in the System for Award Management within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

https://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 http://fedgov.dnb.com/webform https://www.acquisition.gov/ https://acquisition.gov/far/current/html/Subpart%204_11.html#wp1073610

I.5. FAR 52.223-1 BIO-BASED PRODUCT CERTFICATION (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 bio-based products (within categories of projects 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 bio-based products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirement.

I.6. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONSTRUCTS (JUL 2012)

(a) In the performance of this contract, the contractor shall make maximum use of bio-based products that are

United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

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

(i) Spacecraft system and launch support equipment.

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

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

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

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the

Contracting Officer, on the product types and dollar value of any USDA-designated bio-based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

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

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: _RON BUCKHALT_ [ Ron Buckhalt / Vernell

Thompson, 202-720-4145, Vernell.Thompson@dm.usda.gov.]

I.7. FAR 52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS (SEP 2010)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material http://www.biopreferred.gov/ https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

(c)…