Sol_AG-9AB5-S-16-0064.pdf

AG-9AB5-S-16-0064

Sequoia Site Improvements

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

Pay Item No.

Item Description Method of Meas

Est Qty

Pay Unit

Unit Price

Amount

Black Gulch South Base Bid Work Items:

151 (01) Mobilization L.S.Q. 1 L.S.

152 (01) Construction Survey and Staking L.S.Q. 1 L.S.

201 (01) Clearing and Grubbing: Limb and Deck Logs at Designated Locations; Chip Tops and Limbs on to Fill Slopes;

Dispose Stumps at Designated Locations.

A.Q. 0.55 Mile

(01A)

Site 1 ‐ Excavation and Embankment for 4 Vehicle Roadside Parking

L.S.Q. 1 L.S.

(01B)

Site 2 ‐ Excavation and Embankment for 7 Vehicle Roadside Parking

L.S.Q. 1 L.S.

(01C)

Site 3 ‐ Excavation and Embankment for 5 Vehicle Roadside Parking Plus Toilet and Dumpster Pads

L.S.Q. 1 L.S.

(01D)

Site 4 ‐ Excavation and Embankment for Realigned Horizontal Curve

L.S.Q. 1 L.S.

(01E)

Site 5 ‐ Excavation and Embankment for 12 Vehicle Roadside Parking Plus Toilet and Dumpster Pads

L.S.Q. 1 L.S.

(01F)

Site 6 ‐ Excavation and Embankment for 4 Vehicle Roadside Parking

L.S.Q. 1 L.S.

(01G)

Site 7‐ Excavation and Embankment for Realigned Horizontal Curves

L.S.Q. 1 L.S.

(01H)

Site 8‐ Excavation and Embankment for Grade Change and Realigned Horizontal Curve

L.S.Q. 1 L.S.

204 (01I) Site 9 ‐ Excavation and Embankment for Toilet Pad with Accessible Parking Space, and Dumpster Pad

L.S.Q. 1 L.S.

204 (01J) Site 10 ‐ Excavation and Embankment for Realigned Horizontal Curve, Vehicle Turn Arounds, Toilet Pad with Accessible Parking Space, and Dumpster Pad

L.S.Q. 1 L.S.

204 (02) Drainage Excavation, Type Roadside Ditch (Construct New)

A.Q. 1360 L.F.

204 (03) Drainage Excavation, Type Runoff Ditch (Construct New)

A.Q. 5 Each

Pay Item No.

Item Description Method of Meas

Est Qty

Pay Unit

Unit Price

Amount

204 (04) Drainage Excavation, Type Rolling Drainage Dip for High Clearance (HC) (Construct New)

A.Q. 13 Each

(01A)

Structural Excavation and Backfill and Install Double Vault Toilet

L.S.Q. 2 L.S.

(01A)

Placed Riprap, Class 1 (for armored ditch)

A.Q. 20 C.Y.

(01B)

Placed Riprap, Class 2 (for armored ditch and drainage outlets)

A.Q. 65 C.Y.

(01C)

Placed Riprap, Class 3 (for drainage outlets)

A.Q. 20 C.Y.

251 (02) Placed Riprap for Underdrain, Class 1, including geotextile fabric.

A.Q. 430 L.F.

251 (03) Install Barrier Rock A.Q. 17 Each

(01A)

Crushed Aggregate, Type CalTrans Class II Base, Grading 3/4 Inch Max, Compaction Method C.

A.Q. 1600 Ton

303 (01) Reconditioning of Roadbed, Compaction Method B, Single Lane

A.Q. 0.73 Mile

(01A)

Concrete, Method A, for Dumpster Pads, complete (three pads total).

A.Q. 6 C.Y.

602 (01) Furnish and Install 18‐Inch Corrugated Steel Pipe, 0.079‐Inch Thickness, Method B

A.Q. 74 L.F.

602 (02) Rock Headwall for Culvert Inlet L.S.Q. 2 L.S.

(01A)

Furnish and Install 12" Type 2 Spillway Inlet Assembly with Corrugated Rectangular 12" Inch Flume (length as required) and Anchor Stakes, Complete

A.Q. 3 Each

(01B)

Salvage and Reinstall 12" Type 2 Spillway Inlet Assembly with Flume and Anchor Stakes

A.Q. 3 Each

(01A)

Concrete, Method A, for Sidewalks Around Vault Toilets (two locations total)

A.Q. 6 C.Y.

(01A)

Furnish and Install 4‐Inch Diameter Steel Pipe Barrier to Prevent Motor Vehicle Entry

A.Q. 87 L.F.

(01B)

Repair and Repaint Existing Road Closure Gate

L.S.Q. 1 L.S.

633(01A) Furnish and Install 9"X9" Designated Parking Sign with Post and Hardware

A.Q. 18 Each

No.

Item Description Method of Meas

Est Qty

Pay Unit

Unit Price

Amount

633(01B) Furnish and Install 9"X9" Designated 15 Minute Parking Sign with Post and Hardware

A.Q. 2 Each

633(01C) Furnish and Install 9"X9" No Parking Sign with Post and Hardware

A.Q. 6 Each

633(02) Furnish and Install Route Marker Sign with Post and Hardware

A.Q. 1 Each

633(03) Furnish and Install No Parking and Designated Area Signs on a Single Post with Hardware

A.Q. 1 Each

(04A)

Furnish and Install 12" x 18" "ADA Parking Only" Sign with Post and Hardware

A.Q. 2 Each

Sub‐Total Black Gulch South Base Bid Items:

Sandy Flat Campground Base Bid Work Items:

(01A)

Furnish and Install 12' x 12' Steel Shade Shelter, complete.

L.S.Q 5 L.S.

Sub‐Total Sandy Flat CG Base Bid Items:

Eshom OHV Staging Area Base Bid Work Items:

151 (02) Mobilization to Eshom OHV Staging Area

L.S.Q. 1 L.S.

(01B)

Structural Excavation and Backfill and Install Double Vault Toilet and Accessible Parking Space

L.S.Q. 1 L.S.

(01B)

Concrete, Method A, for Sidewalks Around Vault Toilet

A.Q. 3 C.Y.

(04B)

Furnish and Install 12" x 18" "ADA Parking Only" Sign with Post and

A.Q. 1 Each

Sub‐Total Eshom OHV Staging Area Base Bid Items:

Total Base Bid Items:

Black Gulch South Optional Bid Work Items:

157 (01) Seeding and Mulching with Fertilizer L.S.Q. 1 L.S.

No.

Item Description Method of Meas

Est Qty

Pay Unit

Unit Price

Amount

(01C)

Structural Excavation and Backfill and Install Government Furnished Double Vault Toilet

L.S.Q. 1 L.S.

(01B)

Concrete, Method A, for Dumpster Pads, complete.

A.Q. 2 C.Y.

615 (01) Concrete, Method A, for Sidewalks Around Vault Toilet

A.Q. 3 C.Y.

(04C)

Furnish and Install 12" x 18" "ADA Parking Only" Sign with Post and

A.Q. 1 Each

Sub‐Total Black Gulch South Optional Bid Items:

Sandy Flat Campground Optional Bid Work Items:

(01B)

Furnish and Install 12' x 12' Steel Shade Shelter, complete.

L.S.Q 2 L.S.

Sub‐Total Sandy Flat CG Optional Bid Items:

Eshom OHV Staging Area Optional Bid Work Items:

(01A)

Crushed Aggregate, Type CalTrans Class II Base, Grading 3/4 Inch Max, Compaction Method C.

A.Q. 10 Ton

Sub‐Total Eshom OHV Optional Bid Items:

GRAND TOTAL ALL ITEMS:

Signature Date

Company Name DUNS # (Required)

NOTE: SEE SECTION L.9 FOR A LIST OF REQUIRED PROPOSAL SUBMISSION

DOCUMENTS

C - SECTION C - Description/specifications/Statement of Work

C.1 DESCRIPTION OF WORK

Furnish all labor, equipment and material to accomplish the Work specified under this contract. Work includes but is not limited to the following major items at three project locations:

a. Black Gulch South (Elevation 2200’)

1. Recondition approximately 0.73 miles of single lane native surfaced road with drainage improvements and place aggregate surface.

2. Construct seven (7) small parking areas along the roadway for parking and other specified improvements.

3. Install two (2) precast concrete double vault toilet building including excavation, backfill, minor site work, and concrete sidewalks around the building.

4. Construct three concrete dumpster pads as specified.

5. Install rock barriers or pipe barriers along road and parking shoulders to prevent motor vehicles from driving cross country.

6. Install one (1) Optional additional concrete double vault toilet building.

7. Construct one (1) Optional additional concrete dumpster pad.

b. Sandy Flat Campground (Elevation 2200’)

1. Furnish and install five (5) 12’ x12’ steel shade shelters at campsites as specified.

2. Furnish and install two (2) Optional additional 12’ x12’ steel shade shelters at campsites as specified.

c. Eshom Off Highway Vehicle (OHV) Staging Area (Elevation 4800’)

1. Install one (1) precast concrete double vault toilet building including excavation, backfill, minor site work, and concrete sidewalks around the building.

C.2 APPLICABLE SPECIFICATIONS AND DRAWINGS

The following specifications and drawings apply to this contract:

a. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-

b. FS Supplemental Specifications

c. Project Plans for Borel-Black Gulch South, Sandy Flat, and Eshom Site Improvements, Drawing sheets 1-36

d. NF Fire Plan dated August 2, 2012.

A detailed “Work Schedule Plan” and “Traffic Plan” will be required prior to start of work.

C.3 PROJECT LOCATION

Project location is in the State of California, Kern and Tulare Counties, Sequoia National Forest as described below.

The Black Gulch South project site (Township 27 South, Range 32 East, Section 10) is located approximately 3 miles southwest of Lake Isabella, CA off State Highway 178 in the lower Kern River canyon, off FS Road 27S05. From State Highway 99 in Bakersfield, CA, take State Highway 178 approximately 46 miles to junction with FS Road 27S05.

The Sandy Flat Campground project site (Township 27 South, Range 32 East, Section 15) is located approximately 4 miles southwest of Lake Isabella, CA off State Highway 178 in the lower Kern River canyon, off Kern County Road 214 Kern Canyon Road. From State Highway 99 in Bakersfield, CA, take State Highway 178 approximately 46 miles to Borel Road. Turn right on Borel Road; then right on County Road 214 Kern Canyon Road for approximately one mile to Sandy Flat Campground.

The Eshom OHV Staging Area project site (Township 15 South, Range 28 East, Section 4) is located approximately 69 miles east of Fresno, CA near the community of Badger. From the junction of State Highways 99 and 180 in Fresno, CA, take State Highway 180 approximately 44 miles to Dunlap. Turn right on Dunlap Road for 13 miles; then right on State Highway 245 for 6 miles. Turn left on County Road J-21 Dry Creek Drive for 1 mile; then left on County Road M-453 Old Stage Road for 2.4 miles; then right on County Road 469 Eshom Valley Drive 5.3 miles; then right on County Road 466 Pierce Valley Drive for 1.3 miles to the OHV Staging Area.

C.4 CONTRACT TIME

Estimated start work date is November, 2016. The contract time will be 120 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup. The toilet installation and site work at Eshom OVH Staging Area should be completed by December 1, 2016 to comply with stipulations associated with the funding of the work.

C.5 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.6 PRICE RANGE

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

C.7 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 sites range from temperatures of less than 20 ºF in December and January to lows of 65 ºF in July and August. High temperatures range from 45 ºF in December and January to over 100 ºF in July and August. The annual precipitation at the project sites varies from less than 12 inches per year including snow fall in the valley to several feet of snow in the mountains. Winter snow storms and freezing temperatures will occur during the winter months that may result in a winter project shutdown at higher elevations. 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. 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.

f. Toilets. No toilet or shower facilities are available on site at Black Gulch South or Eshom OHV Staging Area. Contractor shall provide toilet facilities for its employees. Contractor may use vault toilets at Sandy Flat Campground when available.

g. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on National Forest System lands near the project sites subject to the approval of the Contracting Officer. All waste material must be transported off-site to a station equipped to handle such waste.

h. 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.

i. 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.

j. 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.

C. 8 PRE-BID CONFERENCE OR TOURS

A Pre-Bid Tour will be conducted for the Black Gulch South and Sandy Flat Campground project locations on October 12, 2016. Meet at the Black Gulch South entrance gate at 10 AM. Contractors should notify the Contracting Officer of their intent to attend the pre-bid tour. The Eshom OHV Staging Area project location will not be included on the pre-bid tour. Contractors are encouraged to visit the Eshom site on their own to evaluate the work and site conditions.

C.9 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.

C.10 AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)

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

C.11 AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

D - SECTION D - Packaging and Marking

For this contract, there are no clauses in Section D.

E - SECTION E - Inspection and Acceptance

E.1 FAR 52.246-12 Inspection of Construction. (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

F - SECTION F - Deliveries or Performance

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/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 7 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 120 days from the effective date on the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 AGAR 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

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

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

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

The maximum workweek that will be approved is to be determined at pre-work meeting.

F.4 Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

F.5 Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

G - SECTION G - Contract Administration Data

G.1 Government-Furnished Property

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

NONE

G.2 Payment for Materials Off Site

In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site.

Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

G.3 Incidental Items

The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.

G.4 Preconstruction Conference

This required conference will be scheduled after contract award.

H - SECTION H - Special Contract Requirements

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

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

http://www.dm.usda.gov/procurement/policy/agar.html

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

H.2 AGAR 452.236-77 Emergency Response. (NOV 1996)

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

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

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

I - SECTION I - Contract Clauses

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

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

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY

2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-9 Small business subcontracting plan. (OCT 2015) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY

2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL

2013) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV

1996) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.245-1 Government Property. (APR 2012) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

I.2 FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 120 days from the date of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.3 FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

(a) Definition. "Small business concern," as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

I.4 FAR 52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.5 FAR 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.6 FAR 52.225-9 Buy American - Construction Materials. (MAY 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.

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-

(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.

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:

(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;

(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 or Balance of Payments Program.

(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

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

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

Include other applicable supporting information.

I.7 FAR 52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $1 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.8 AGAR 452.228-70 Alternative Forms of Security. (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to USDA Forest Service.

I.9 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

I.10 FAR 52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least [insert the appropriate number in words followed by numerals in parentheses] percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.11 FAR 52.243-4 Changes. (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes -

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating -

(1) The date, circumstances, and source of the order; and

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

I.12 FAR 52.244-6 Subcontracts for Commercial Items. (JUN 2016)

(a) Definitions. As used in this clause-

Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(…