Solicitation_Erskine_Fire_BAER.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ x IS IS NOT A SMALL BUSINESS SET- ASIDE 1 37

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

AG-9A40-S-17-0009 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) Southern California Acquisition Service Center 1600 Tollhouse Road, Clovis, CA 93611

See Section F

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

AREA CODE NUMBER 9. DESTINATION

Patrick J. Gallegos 559 297-0706 EXT 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

May 23, 2017 by cob (4:30 pm) 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)

Erskine Fire BAER Rehabilitation Project

Tax Identification Number (TIN): _________

DUNS: _________

E-Mail Address: __________________

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

VXP# FAX NUMBER

DUNS #

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)

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

UNIT PRICE AMOUNT

LIST OF ATTACHMENTS

See Section J.

FURNISHING QUOTATION. Complete the short package of this Request for Quotations as your Quote. Return to the address shown in block 5A.

LABOR PROVISIONS – CONSTRUCTION. The Davis Bacon Act requires the Contractor to pay certain minimum wages to all employees working under this contract. These required minimum wages are stated in the attached Wage Decision.

SITE VISIT (FAR 52.237-1) (APR 1984). Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

The following is added:

1. Inspection of Worksite. Interested parties desiring to visit the site of the work areas on their own may obtain directional information by contacting

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. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

CONTRACTOR IDENTIFICATION NUMBER-DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER 52.204-6 (APR 1998)

(a) “The offer shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” followed by the DUNS number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services.

(b) If the offeror does not have SUMS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number, (4) Line of business, (5) Chief executive officer/key manager, (6) Date the company was started, (7) Number of people employed by the company, (8) Company affiliation.

(c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information services office from the Internet Home Page at http://www.dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfor@mail.dnb.com.

(End of provision) http://www.dnb.com/

RFQ AG-9A40-S-17-0009

Erskine Fire BAER Road Rehabilitation Project

PART I – THE SCHEDULE

SECTION – B SCHEDULE OF ITEMS

Erskine Fire BAER Roads Rehabilitation Project Kern River Ranger District

Sequoia National Forest/Giant Sequoia National Monument

Pay Item No.

Item Description Method of Measure

Est Quantity

Pay Unit Unit Price Amount

Road # 28S17 Piute Temporary Lookout:

17009 Water Supply and Watering A.Q. 2.7 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 2.7 Mile $________ $_________

Road # 28S24 Woolstaff Meadow:

15101 Mobilization L.S.Q. 1 L.S. $______ $________

17009 Water Supply and Watering A.Q. 3.1 Mile $______ $________

20301 Remove and Salvage Existing 18" CMP at Mile Post 5.923 & 6.132.

A.Q. 2 Each $______ $________

20419 Drainage Excavation, Type Runoff Ditch (Construct New)

A.Q. 90 L.F. $______ $________

20420

Drainage Excavation, Type Rolling Dip for High Clearance Vehicles (Construct New)

A.Q. 6 Each $______ $________

25101 Placed Riprap, Class 2 A.Q. 49 C.Y. $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 3.1 Mile $______ $________

60601A

Install 12" Type 2 Spillway Inlet Assembly with Corrugated Rectangular 12" Inch Flume and Anchor Stakes, Complete Installation at Mile Post

5.216 & 5.251.

A.Q. 2 Each $______ $________

Road # 28S24D Woolstaff Meadow Spur:

63535 Earthen Barrier Closure C.Q. 20 C.Y. $______ $________ Road # 28S27 French Meadow:

17009 Water Supply and Watering A.Q. 4.1 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 4.1 Mile $______ $________

Road # 29S05 Landers Work Center:

17009 Water Supply and Watering A.Q. 1.3 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 1.3 Mile $______ $________

Total Base Items:$__________

Road# 28S17A Piute Temporary Lookout A Spur, Optional Work Item #1:

17009 Water Supply and Watering A.Q. 0.5 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 0.5 Mile $______ $________

Road# 29S07 Waterhole Mine, Optional Work Item #1:

17009 Water Supply and Watering A.Q. 0.6 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 0.6 Mile $______ $________

Road# 28S17B Piute Temporary Lookout B Spur, Optional Work Item #2:

17009 Water Supply and Watering A.Q. 1.2 Mile $______ $________

30322

Reconditioning of ML 2 Roadbed without Watering (Compaction with Hauling & Spreading Equipment)

A.Q. 1.2 Mile $______ $________

Total Optional Items:$___________

SECTION C-DESCRIPTION / SPECIFICATIONS

STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

Furnish all labor, equipment, and material to accomplish the Work under this contract.

This project proposes to perform road reconditioning and drainage improvements on eight (8) roads for a total length of 13.5 miles. The project includes a base bid of five (5) roads totaling 11.2 miles plus three (3) optional roads totaling 2.3 miles. The roads are located within or adjacent to the Erskine Fire area which burned in July 2016. Contract work includes but is not limited to the following major items:

1. Unplug, clean, and recondition specified roadway drainage structures (rolling drainage dips, ditches, ditch relief and cross drainage culverts, and spillway inlets with flumes) to re-establish effective free flowing drainage of the areas, and reduce the potential of any culvert(s) becoming blocked during storm events; and install riprap at outlets, when specified.

2. Install Spillway Inlet Assembly (SIAs) with flume to reduce drainage diversion potential at culverts, and other specified areas.

3. Install rolling dips, armored rolling dips, and drainage armor (Class 2 riprap) as specified.

4. Recondition roadways with a 12’ wide minimum travel way with 1’ minimum shoulders each side unless noted on drawings; out-slope roadways where needed to minimize water concentration, erosion, and sediment production.

C.2 PROJECT LOCATION

The project is located in Kern County on the Kern River Ranger District of the Sequoia National Forest/Giant Sequoia National Monument south of Lake Isabella. Primary access to the project area is via State Highway 178 from Bakersfield heading east or State Highway 178 from Ridgecrest heading west.

Directions to get to Piute Mountain Road: From Bakersfield head east on State Highway 178 for 39.3 miles. Take exit 42 and turn right onto Elizabeth Norris Road for 0.3 miles.

Turn right onto Lake Isabella Blvd. Head south on Lake Isabella Blvd toward Joan Ave for 1.5 miles. Continue on to county road 483 Bodfish Caliente road for 2.8 miles. Turn left onto FS road 27S02 Saddle Springs and head southeast for 16.2 miles toward project area.

Directions to get to Piute Mountain Road: From Ridgecrest head west onto State Highway 178 for 28.9 miles. Turn left onto Kelso Creek road and continue onto county road 539 S Kelso Valley road for 9.6 miles. Turn right to stay on S Kelso Valley road for

2.2 miles. Turn right onto county road 501 Piute Mountain road and continue south for

11.6 miles toward project area.

C.3 CONTRACT TIME

Estimated start work date is June 15, 2017. The contract time will be 45 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup.

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.

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 $25,000 and $100,000.

C.6 SPECIAL CONDITIONS AFFECTING THE WORK

a. 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.

b. Weather. Low temperatures at the project site 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. The annual precipitation at the project site is less than 12 inches per year including snow fall. Winter snow storms and freezing temperatures will occur during the winter months that result in a winter project shutdown. 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.

c. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday.

Weekend equipment work is not allowed at any time during the Work. Dogs and pets are not allowed on the project site at any time.

d. 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.

e. Traffic Control and Signing. Contractor shall submit a traffic control and signing plan for the project for approval by the COR prior to starting work. The plan shall comply with the provisions of the current edition of the Manual of Uniform Traffic Control Devices (MUTCD) and the applicable provisions of the project specifications.

f. 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.

g. Toilets. No toilet or shower facilities are available on site. Contractor shall provide toilet facilities for its employees.

h. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on the premises. All waste material must be transported off-site to a station equipped to handle such waste. This is subject to availability and must be coordinated through the Contracting Officer.

i. Security. Contractor is responsible for the Contractor’s equipment and 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.

j. 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.

k. 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.

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, and keep a spill response kit on the job site at all times during the project.

C.7 PRE-BID CONFERENCE OR TOURS

A Pre-Bid tour will not be conducted for this project. Contractors are encouraged to visit the project area on their own.

C.8 EQUIPMENT CLEANING

Unless the entire project area is already infected with noxious weeks, the contractor shall ensure that prior to moving on to another part of the project area all off-road equipments, which last operated in areas known by Forest Service to be infected with noxious weeds, is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. 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 weeks 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 with 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 weeds 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 week 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.

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

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

FAR 52.242-14 Suspension of Work (Apr 1984)

F.2 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 45 calendar days after the date the contractor received the notice to proceed.

F. 3 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-01)

(Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under this contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Office determines that the reduction would be to the advantage of the Government http://www.arnet.gov/far/

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR 52.232-01 Payments (Apr 1984) FAR 52.232-05 Payments Under Fixed-Price Construction Contracts (May 2014) FAR 52.232-08 Discounts For Prompt Payment (Feb 2002) FAR 52.236-15 Schedules For Construction Contracts (Apr 1984)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.236-07 Permits and Responsibilities (Nov 91) FAR 52.246-21 Warranty of Construction (Mar 94) FAR 52.236-02 Differing Site Conditions (Apr 1984) FAR 52.236-03 Site Investigation and Conditions Affecting the Work (Apr 1984) FAR 52.236-05 Material and Workmanship (Apr 1984) FAR 52.236-06 Superintendence by the Contractor (Apr 1984) FAR 52.236-08 Other Contracts (Apr 1984) FAR 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) AGAR 452.228-71 Insurance Coverage (Nov 1996) AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (Nov 96) AGAR 452.236-72 Use of Premises (Nov 96) AGAR 452.236-73 Archaeological or Historic Sites (Feb 88) AGAR 452.236-74 Control of Erosion, Sedimentation and Pollution (Nov 96) AGAR 452.236-76 Samples and Certificates (Feb 88) AGAR 452.236-77 Emergency Response (Nov 96)

H.2 WAGE DETERMINATION

Wage Determination # CA170031 04/21/2017 is currently in effect for Kern County.

The Wage Determinations is included as an attachment.

PART 1 – THE SCHEDULE

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-02) (Feb 98)

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:

http:\\www.acquisition.gov

52.202-01 - Definitions (Nov 2013) 52.203-03 - Gratuities (Apr 84) 52.203-05 - Covenant Against Contingent Fees (May 2014) 52.203-07 - Anti-Kickback Procedures (May 2014) 52.204-07 - System for Award Management (Jul 2013) 52.209-06 - Protecting the Government's Interest When Subcontracting WithContractors Debarred, Suspended, or Proposed For Debarment (Oct 2015) 52.211-18 - Variation in Estimated Quantity (Apr 1984) 52.217-07 - Option for Increased Quantity—Separately Priced Line Item (MAR 1989) 52.219-08 - Utilization of Small Business Concerns (Oct 2014) 52.222-03 - Convict Labor (June 03) 52.222-04 - Contract Work Hours And Safety Standards Act--Overtime Compensation

(May 2014) 52.222-06 - Construction Wage Rate Requirements (May 2014) 52.222-07 - Withholding of Funds (May 2014) 52.222-08 - Payrolls and Basic Records (May 2014) 52.222-09 - Apprentices and Trainees (July 05) 52.222-10 - Compliance with Copeland Act Requirements (Feb 88) 52.222-11 - Subcontracts (Labor Standards) (May 2014) 52.222-12 - Contract Termination - Debarment (May 2014) 52.222-13 - Compliance with Davis-Bacon and Related Act Regulations (May 2014) 52.222-14 - Disputes Concerning Labor Standards (Feb 88) 52.222-15 - Certification of Eligibility (Feb 88) 52.222-26 - Equal Opportunity (May 2014) 52.222-27 - Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 - Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (July 2014) 52.222-37 - Employment Reports on Veterans (Oct 2015) 52.222-55 - Minimum Wages Under Executive Order 13658 (Dec 2014) 52.223-02 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013) 52.223-05 - Pollution Prevention and Right-to-Know Information (May 2011) 52.223-06 - Drug-Free Workplace (May 01) 52.227-02 - Notice and Assistance Regarding Patent and Copyright Infringement (Dec 07)

52.227-04 - Patent Indemnity -- Construction Contracts (Dec 07) 52.228-13 - Alternative Payment Protections (July 2007) 52.228-14 - Irrevocable Letter Of Credit (Nov 2014) 52.229-03 - Federal, State, and Local Taxes (Feb 2013) 52.232-05 - Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-17 - Interest (May 2014) 52.232-23 - Assignment Of Claims (May 2014) 52-232-27 - Prompt Payment for Construction Contracts (May 2014) 52.232-34 - Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) 52.233-01 - Disputes (May 2014) 52.233-02 - Service of Protest (Sept 06) 52.233-03 - Protest After Award (Aug 96) 52-236-26 - Preconstruction Conference (Feb 95) 52.243-04 - Changes (June 2007) 52.246-21 - Warranty Of Construction (Mar 1994) 52.249-01 - Termination for Convenience of the Government (Fixed-Price) (Short Form)

(Apr 84) 52.249-10 - Default (Fixed-Price Construction) (Apr 84) 52.253-01 - Computer Generated Forms (Jan 91)

I.2 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FAR 52.225-9)(SEP

2014)

(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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ 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 nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute to a particular construction material would be impracticable or inconsistent with the public interest; or

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

(c) Request for determination of inapplicability of the Buy American statute.

(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;

http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_5.html#wp1077123

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination 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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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).]

I.3 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION

MATERIALS (FAR 52.225-10)(May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American— Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding;

or

(ii) May be accepted if revised during negotiations.

I.4 ADDITIONAL BOND SECURITY (FAR 52.228-02) (Oct 97) https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169273 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169273 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169273 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169273 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard61.html#wp1177057 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard61.html#wp1177057

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if ---

(a) Any surety upon any bond or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used, as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the

ILC.

I.4 ALTERNATIVE PAYMENT PROTECTIONS (52.228-13) (July 2000).

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

Payment Bond Irrvocable 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.

(End of clause)

I.5 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR

TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS Alternate 1 (Feb 2012).

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

(End of Clause)

PART III - LIST OF DOCUMENTS, EXHIBITS/

AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENTS: PAGES:

Supplemental Specifications 38 Construction Drawings 7 Davis Bacon Wage Determination # CA170031 04/21/2017 29 Fire Plan 9

PART IV - REPRESENTATIONS, AND INSTRUCTIONS.

SECTION K - REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENT OF OFFERORS

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) (Jan 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33,500,000.00.

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) 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:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision 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 SAM.

K.2 SYSTEM FOR AWARD MANAGEMENT (52.204-7) (Jul 2013)

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

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

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity…