AG-9A28-S-08-71.pdf

REQUEST FOR QUOTATION EMERGING SMALL BUSINESS SET-ASIDE PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 30

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

AG-9A28-S-08-0071 August 14, 2008 181894 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA Forest Service, Northern Province Operations Redding Office 3644 Avtech Parkway Redding, CA 96002

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Pamela J. Vilhauer, Contracting Officer Ken Stagg, Technical

226-2454 841-4536

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

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

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a.

This request does not commit the Government to pay any costs incurred in the preparation of the

September 5, 2008 4:30 p.m. PDT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Happy Camp Helibase Paving

DUNS NUMBER ___________________________

TAX ID NUMBER __________________________

Quoters must register in the Central Contractor’s Registration (CCR) database (see Section I, FAR Clause 52.204-7) and Online Representations and Certifications Application (ORCA). See Section K, FAR Clause 52.204-8, webpage http://orca.bpn.gov/.

See Schedule of Items

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

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

SOL NO. AG-9A28-S-08-0071

UNIT: Klamath National Forest PROJ NAME: Happy Camp Helibase Paving

SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS

Item No. Description Unit Amount

1 Asphalt saw cutting & milling; LS $ R & R concrete bumpers as specified

2 R & R grindings/base; remove & LS $ prepare subgrade as specified

3 Hot mix asphalt concrete in place LS $ as specified

4 Compaction testing as specified LS $

AG-9A28-S-08-0071 Happy Camp Helibase Paving Klamath National Forest PAGE 3 of 30

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

Furnish all labor, equipment and materials to replace the existing asphalt concrete pavement as shown on the drawings and described herein.

C.2 LOCATION OF PROJECT

The project site is located at the Happy Camp Airport in Happy Camp, California. See drawing cover sheet and map referenced in Section J and included as a separate attachment.

C.3 PRICE RANGE

The Government's estimate is between $25,000 and $100,000.

C.4 SUBMITTALS

Provide the following submittal for approval at least one week prior to commencement of work:

Asphalt concrete mix design

C.5 UTILITIES

Contractor shall be responsible for locating and protecting above and below ground utilities in the project area.

Contractor may use electric, water and sanitary facilities at the project area.

C.6 PROTECTION OF EXISTING IMPROVEMENTS

Adjacent pavement, concrete helipads, buildings, landscaping and other improvements shall be protected by the Contractor. The Contractor shall be responsible for repairing any damage to improvements.

C.7 REMOVAL AND DISPOSAL OF EXISTING MATERIAL

Waste subgrade excavation material shall be spread and wheel-compacted on site to a depth not to exceed 4 inches. The Contracting Officers Representative (COR) will provide the exact location. All other waste generated by the work will be disposed by the contractor off government land.

C.8 NEW ASPHALT CONCRETE PAVEMENT

New pavement section shall consist of compacted subgrade and milled asphalt/ reused aggregate base (95% max density for both) underlying 3” of CalTrans Type B ½” maximum, medium grading asphalt concrete (90% max density). Placement and

Klamath National Forest PAGE 4 of 30 testing shall be in accordance with FP-03 Section 204.11 (Subgrade), Section 301 (Aggregate Base) and Section 404 (Minor Hot Asphalt Concrete - Roadway Paving).

All optimum density determinations and compaction testing shall be performed by an independent State-certified firm. Three test locations on the compacted subgrade, three locations on the compacted base aggregate and three locations on the finished asphalt shall be selected by the COR for testing.

Existing asphalt shall be milled to a minimum 2” minus gradation and blended with the underlying aggregate base for reuse. Remove and store material off to the side being careful not to excessively contaminate with native subgrade material.

Remove all existing yellow concrete bumpers and store out of the way. Reinstall on the new asphalt.

Survey grade of compacted aggregate base to ensure proper drainage and report results to the COR prior to placing new asphalt concrete.

C.9 SPECIAL CONDITIONS

A Forest Service helicopter will be on site and temporarily relocated adjacent to the project site.

Care must be taken to not interfere with flight operations or leave loose materials that can be blown around by helicopter rotor wash.

C.10 CONTRACT COMPLETION

All work (including final clean-up) must be completed within 14 calendar days from the issuance of the Notice to Proceed. Following receipt of bonds and a pre-work meeting, the Notice to Proceed shall be issued, at the contractor’s request, on or before October1, 2008. The latest contract completion date will be October 15, 2008.

C.11 TECHNICAL INFORMATION

Technical questions concerning this project may be directed to Ken Stagg, Klamath National Forest Supervisor’s Office, telephone (530) 841-4536.

C.12 STANDARD SPECIFICATIONS

All work shall be done in accordance with the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) and the contract documents.

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SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 14 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at a place and time mutually agreeable to the contractor and the Government.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

Klamath National Forest PAGE 6 of 30

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

(Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 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) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.227-4 Patent Indemnity -- Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000)

Klamath National Forest PAGE 7 of 30

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (SEP 2005) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 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 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 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) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.246-21 Warranty of Construction (MAR 1994) Alternate I (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $30,000) 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)

52.204-7 Central Contractor Registration (JUL 2006)

(a) Definitions. As used in this clause— in.Central Contractor Registration (CCR) database in. means the primary Government repository for Contractor information required for the conduct of business with the Government.

Klamath National Forest PAGE 8 of 30 in.Data Universal Numbering System (DUNS) number in. means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

in.Data Universal Numbering System+4 (DUNS+4) number in. means the DUNS number means the 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

in.Registered in the CCR database in. means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record in.Active in.. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR 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 in.DUNS in. or in.DUNS+4 in. 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 CCR 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) If located within the United States, by calling Dun and Bradstreet at 1-866- 705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

Klamath National Forest PAGE 9 of 30

(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 CCR 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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, in.doing business as in.

name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the in. Suspension of Payment in. paragraph of the electronic funds transfer (EFT) clause of this contract.

Klamath National Forest PAGE 10 of 30

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.225-9 Buy American Act-Construction Materials (JAN 2005)

(a) Definitions. As used in this clause— in.Component in. means an article, material, or supply incorporated directly into a construction material.

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

in.Cost of components in. means—

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

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

in.Domestic construction material in. means—

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

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

Klamath National Forest PAGE 11 of 30 in.Foreign construction material in. means a construction material other than a domestic construction material.

in.United States in. 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. 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 the construction material or components listed by the Government as follows: ``none'']

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

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

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

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

(a) Request for determination of inapplicability of the Buy American Act.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

Klamath National Forest PAGE 12 of 30

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $100,000)

(a) The Contractor shall submit one of the following payment protections Payment bond

Klamath National Forest PAGE 13 of 30

Irrevocable letter of credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

Klamath National Forest PAGE 14 of 30

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

SECTION J--LIST OF ATTACHMENTS

Title Pages

Fire Plan 6 Map (separate attachment) 1

Plans (separate attachment) 3 Wage Decision (separate attachment)

Klamath National Forest PAGE 15 of 30

FIRE PLAN FOR KNF ROAD & FACILITY CONSTRUCTION OR SERVICE CONTRACTS

WEST ZONE

6-25-2007 (Ref: FSH 6309.32 and 6309.11)

1. SCOPE:

The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down.

2. RESPONSIBILITIES:

A. Contractor

(1) Shall abide by the requirements of this Fire Plan.

(2) Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape.

(3) Shall complete the Contractor's Plan Regarding Personnel and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the CO.

B. Forest Service

The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above.

3. TOOLS AND EQUIPMENT:

A. The Contractor shall comply with the following requirements during the fire precautionary period as defined by unit administering contracts unless waived in writing:

The Fire Precautionary Period is May 1 to November 1 .

Shall equip all diesel and/or gasoline-operated engines, both stationary and mobile, and all flues used in any contract and camp operations with spark arresters that meet Forest Service standards set forth in the National Wildfire Coordinating Group publication for Multiposition Small Engines, #430-1, or General Purpose and Locomotive, #430-2. Spark arresters are not required on equipment powered by exhaust-driven turbo-charged engines or motor vehicles equipped with a maintained muffler as defined in California Public Resources Code (CPRC), Section 4442 and 4443.

Shall furnish and have available for emergency use on each piece of equipment used in conjunction with performance of the work as listed below, hand tools and/or equipment as follows (CPRC 4427, 4428 and 4431):

(1) One shovel, one axe (or pulaski) and a fully charged fire extinguisher U.L. rated at 2-A:10-B:C, or larger, on each truck, personnel vehicle, tractor, grader and other heavy equipment. Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, stroke delimber, etc), except tractors and skidders, with at least two 4A:80-B:C fire extinguishers, or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily.

(2) One shovel and one backpack 5 gallon water-filled tank with pump with each welder.

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(3) One shovel and one pressurized chemical fire extinguisher for each gasoline-powered tool, including but not restricted to chain saws, soil augers, rock drills, etc. Fire extinguishers shall be of the type and size set forth in the California Public Resources Code Section 4431. Shovel must be kept within 100 feet from each chain saw when used off cleared landing areas.

(4) The Contractor is ( ) is not ( X ) required to furnish a sealed box of fire fighting tools, to be located in the operating area, at a point accessible in the event of fire. This box shall contain:

o ______ 5-gallon, backpack pump-type fire extinguisher filled with water;

o ______ axes;

o ______ McCleod fire tools;

o ______ serviceable chain saw of three and one-half or more horsepower with a cutting bar 20 inches in length or longer;

o ______ shovels so that each employee at the operation can be equipped to fight fire.

The box shall remain unlocked, but be sealed with a Forest Service seal to be broken for emergency use only.

All tools and equipment required above shall be in good workable condition and shall meet the following Forest Service requirements for fire tools:

(a) Shovels shall be size "O" or larger and be not less than 46 inches in overall length.

(b) Axes (or pulaskis) shall have 2-1/2 pound or larger heads and be not less than 28 inches in overall length.

The Contractor is ( ) is not ( X ) required to furnish a water tank truck or trailer on or in proximity to the contract area during the Fire Precautionary Period and meet the following minimum specifications: contain at least 300 gallons of water; a combination straight stream-fog nozzle with 300 feet of one-inch fire hose, with no segment longer than 50 feet; fire hose with nozzle closed shall be capable of withstanding 200 psi pump pressure without leaking, slipping of couplings, distortions, or other failures; nozzle discharge rating of six to 20 gallons per minute; a pump capable of delivering 23 gallons per minute at 175 pounds psi at sea level;

power unit for pump shall have fuel for at least two hours operation, with ample transport available for immediate and safe movement of tank over roads serving the contract area; and shall be in good working order;

pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread.

Shall furnish two tractor headlights for each tractor dozer, tractor headlights shall be attachable to each tractor and served by an adequate power source

B Any additional fire plan requirements:

4. GENERAL

A. State Law. The Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes.

B. Permits Required. The Contractor must secure a special written permit from the District Ranger or designated representative before engaging in any of the activities listed below. The terms and conditions of any of the permits required for this contract are as shown on copies attached to the Fire Plan.

(1) Blasting and Storage of Explosives and Detonators. (Explosives Permit required by California Health &

Safety Code, Section 12101.)

Klamath National Forest PAGE 17 of 30

(2) Burning.

(3) Air Pollution. (Issued by local State or County Air Pollution Control Districts, as applicable.)

(4) Camp, Lunch and Warming Fires.

(5) Welding and Cutting.

C. Regulations for Burning. Before setting any fires whatsoever, the Contractor shall notify the CO of his/her intentions. Special care shall be taken to prevent scorching or causing any damage to adjacent structures, trees, and shrubbery. Piles of material to be burned shall be of such size and so placed that during burning no damage shall result to adjacent objects.

D. Smoking and Fire Rules. Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter (CPRC 4423.4). In areas closed to smoking, the CO may approve special areas to be used for smoking. The Contractor shall sign designated smoking areas. Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands.

E. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all flammable material for a radius of at least 10 feet unless otherwise specified by local administrative unit. Small mobile or stationary internal combustion engine sites shall be cleared of flammable material for a slope distance of at least 10 feet from such engine. The COR shall approve such sites in writing.

F. Welding. Contractor shall confine welding activity to cleared areas having a minimum radius of ten feet measured from place of welding.

G. Blasting. Contractor shall use electric caps only. When blasting is necessary in slash areas, a watchperson equipped with shovel and a water-filled backpack can (5 gallon), with hand pump, shall remain in the immediate area for an hour after blasting has been completed.

H. Oil Filter and Glass Jugs. Contractor shall remove from National Forest land all oily rags and used oil filters.

Contractor shall prohibit use of glass bottles and jugs on contract operations.

I. Reporting Fires. As soon as feasible but no later than 15 minutes after initial discovery, Contractor shall notify

Forest Service of any fires on Contract Area or along roads used by Contractor.

J. Communications. Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with Contractor's headquarters. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service may accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between Contractor's headquarters (or agreed to alternative) and Forest Service via commercial or Forest Service telephone. The communications system shall be operable during Contractor's Operations in Fire Precautionary Period described in Section 3 and during the time fire patrolperson service is required. A radio-equipped fire patrolperson vehicle will satisfy this requirement if in operation during the time required except during PAL levels “D” and “Ev”. See Section 5 for other communication requirements when operating on “D” and “Ev” days with hot saw technology. A CB is not acceptable communication because FCC Regulations prohibit commercial use.

K. Fire Patrol Person. No patrolperson shall be required on road or facility maintenance or repair projects, nor on specified road construction projects except during clearing operations, unless otherwise specified.

L. Time of Snag Felling. Unless the felling of dead trees would interfere with the felling, skidding or yarding of green timber or be a safety hazard, or be prevented under Section 5, required felling of dead trees shall be concurrent with the felling of live timber. There shall be reasonably timely felling of dead trees to facilitate utilization and protection from fire.

Klamath National Forest PAGE 18 of 30

M. Clearing of Fuels. Contractor shall clear away, and keep clear, fuels and logging debris as follows:

5. EMERGENCY MEASURES

The table set forth below establishes work restrictions and fire precautions that the Contractor must observe at each activity level. The restrictions are cumulative at each level.

Contractor shall conform to the limitations or requirements of Project Activity Level (PAL) obtained from Forest Service before starting work each day. If practicable, Forest Service will determine the following day’s activity level by 4:00 PM each afternoon. The Contractor can obtain the PAL for the following day by calling, after 4:00 PM, the following phone number (530) 841-4588 . Activity level may be changed at any time if, in the judgment of the Forest Service, fire danger is higher or lower than predicted and such change is consistent with forest management objectives. The decision to change the activity level, and when, and how to take weather observations for that purpose, are within the discretion of Forest Service.

Predicted Project Activity Level (PAL)

This project is located in Fire Weather Zone West .

The expected number of days at each project activity level are given here for the period of June 1st- October 31st , based on analysis of weather for the years of 1973-2005.

PAL Level A B C D Ev E # of Days 12 19 49 38 34 0

Welding equipment and stationary log loaders, yarders and other equipment listed in California State Law:

10 feet slope radius

Tail or corner haulback blocks: 5 feet slope radius

Lines near, between or above blocks: Sufficient clearing to prevent line from rubbing on snags, down logs and other dead woody material

Klamath National Forest PAGE 19 of 30

PROJECT ACTIVITY LEVELS

Contractor & Forest Service may agree to a variance for operations at levels, B, C, D & Ev.

Level Project Activity Requirements Additional Project Activity Requirements Using Hotsaw

Technology (generally rotary heads operating at >1100 rpm)

A Minimum required by Section 3 Same as Project Activity Requirements B 1. Furnish fire patrolperson. A fire patrolperson is required for mechanical operations from cessation of operations until 2 hours after operations cease or sunset, which ever occurs first

2. Tank truck or trailer shall be on or adjacent to landing (Section 3).

Same as Project Activity Requirements.

C 1. Fire patrolperson is required until sunset local time.

2. The following operations are prohibited from 1:00 PM until 8:00 PM local time:

a. Blasting

Operations are prohibited between 1:00 PM and sunset local time. Operations may continue if they meet the following requirements:

1. A fire patrolperson is required for each piece of equipment until sunset local time.

2. Provide periodic (once per hour) inspection of areas treated that day.

3. Provide on-board self extinguishing fire suppression system on each piece of equipment capable of extinguishing any equipment related fire or provide a portable Class A fire suppression system capable of extinguishing a 20 foot by 20 foot wildland fire within five minutes of discovery. 1/

D All following activities may operate:

1. Rubber tired skidding

2. Chipping on roads or landings

3. Cable yarding

4. Loading of logs decked at landings

5. Welding or cutting of metal only by special permit

6. Road maintenance

7. Culvert installation

8. Dirt moving

9. Helicopter Yarding

10. Hand slash disposal

11. Chainsaw operations on landings and roadbeds

All other operations may continue after 1:00 PM local time, if they meet the following requirements:

A fire patrolperson is required to walk all areas treated that day once per hour, until sunset local time. This includes chainsaw felling, metal track skidding, machines with chainsaw cutting heads and mastication equipment.

Same requirements as listed in

PAL C:

Klamath National Forest PAGE 20 of 30

Ev All following activities may operate:

1. Hauling and loading of logs decked at landings

2. Equipment at approved sites may be serviced.

3. Roads: Dust abatement or rock aggregate installation (does not include pit development)

4. Chainsaw operation associated with loading

All other operations may continue until 1:00 PM local time when Contractor and Forest Service agree to variance.

Operations are prohibited, except variances are permitted for operations until 1:00 PM local time when Contractor and Forest Service agree to additional precautions.

Minimum requirements: At this level, the following types of equipment shall be immediately available within one quarter mile of the activity to quickly reach and effectively attack a fire start: tractors, skidders or other equipment with a blade capable of constructing fireline, plus PAL level D requirements.

E The following activities may operate:

1. Hauling and loading of logs decked at landings

2. Equipment at approved sites may be service.

3. Roads: dust abatement or rock aggregate installation (does not include pit development

4. Chainsaw operation associated with loading

Operations are prohibited

1/ Suppression system equipment minimum requirements: 100 feet of one inch hose, minimum discharge distance of 50 feet, minimum pressure 100 PSI at discharge orifice, and sustainable for a minimum of 5 minutes.

6. REPORTING ALL WILD FIRES

A. Contractor's employees shall report all fires to 911 and then the COR. Other contacts for Forest Service facilities and personnel are listed for use if the COR cannot be reached or other assistance is necessary:

Name

Office Address and/or telephone

Home address and/or telephone

Dispatch Center Yreka Dispatch 911 Nearest FS Facility Happy Camp RD 530-493-2243 Inspector Alt Inspector COR Ken Stagg 530-841-4536 District Ranger Ken Harris 530-493-1712 District Fire Mgmt Officer

When reporting a fire, provide the following information;

Your Name;

Call back telephone number;

Project name;

Location;

Legal description (Township, Range, Section); and Descriptive location (Reference point);

Fire Information;

Acres;

Rate of Spread; and Wind Conditions.

B. Contractor's Plan Regarding Personnel. The Contractor shall, prior to commencing work, furnish the following information relating to key personnel

Title Name Address and/or telephone Fire Patrolperson

Klamath National Forest PAGE 21 of 30

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All items --NAICS Code 237310 --Size Standard $31 million

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310 .

(2) The small business size standard is $31 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

Klamath National Forest PAGE 22 of 30

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (June 2007)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

Klamath National Forest PAGE 23 of 30

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size…