Sol_AG-9AB5-S-17-0016.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

837778

SIERRA NATIONAL FOREST

1600 TOLLHOUSE RD

CLOVIS CA 93611-0532

9A40

USDA Forest Service

Attn: Mary Cantrell or mecantrell@fs.fed.us 1600 Tollhouse Road Clovis, CA 93611

MARY CANTRELL 559-297-0706 ext: 4890

101/23/2017

AG-9AB5-S-17-0016

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

Soberanes Fire - Road 20S05 Road Rehabilitation project

This project is a total small business set-aside.

Complete and return the documents listed in Section M to the address listed in Block 8 or email to mecantrell@fs.fed.us. ALL documents must be received by the closing date and time.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 22 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

02/24/2017

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

SIERRA NATIONAL FOREST

1600 TOLLHOUSE RD

CLOVIS CA 93611-0532

9A40

MARY CANTRELL

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AB5-S-17-0016

Delivery: 22 Days After Notice to Proceed

Delivery Location Code: 91Z1

USDA FOREST SERVICE

LOS PADRES NATIONAL FOREST

MONTEREY RANGER DISTRICT

406 SOUTH MILDRED AVE

KING CITY CA 93930 US

FOB: Destination

Period of Performance: 03/06/2017 to 04/06/2017

001 Soberanes Fire - Road 20S05 Rehabilitation Project

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG-9AB5-S-17-0016

Soberanes BAER

B - Prices/Costs Schedule of Items

Soberanes Fire - Road 20S05 Rehabilitation Project

LOS PADRES NATIONAL FOREST

MONTEREY COUNTY

Specification Description Pay Unit Qty. Unit Cost Total

151 (01) Mobilization LS 1

156 (01) Temporary Traffic Control LS 1

303 (01) Road Reconditioning Mile 13.5

606 (01)

Furnish and install 12" Corrugated Metal Spillway.

Including Inlet, Starter and 10' flume. Remove and dispose existing

Each 26

606 (01) Furnish and install 12" Corrugated Metal Inlet.

Remove and dispose existing Each 19

Total

Signature Date

Company Name DUNS # (Required)

NOTE: SEE SECTION M.3 FOR A LIST OF REQUIRED DOCUMENTS. ONLY ONE AWARD

WILL BE MADE.

C - Description/Specifications/Statement of Work

C.1 PROJECT DESCRIPTION

Project consists of furnishing all labor, materials, equipment, tools, transportation, incidentals and supplies necessary to rehabilitate the NFSR 20S05 including reconditioning ditches, shoulders, roadbeds and aggregate surfaces, removing and installing corrugated metal spillways. All work shall be in accordance with the contract requirements, FP-03 specifications and as shown on the drawings.

Contractor shall, without additional expense to the government, be responsible for obtaining any necessary licenses, permits, which comply with any federal, State and municipal laws, codes and regulations applicable to the performance of the work.

C.2 APPLICABLE SPECIFICATIONS AND DRAWINGS

In addition to the specifications which are part of the base contract, the following specifications and drawings apply:

a. Drawings/Plans

Soberanes Fire - Road 20S05 Rehabilitation Project

Description Sheet No.

Title Sheet 1

Drivable Drain Dip 2

Corrugated Metal Spillway – Detail 1of 2 3

Corrugated Metal Spillway – Detail 2of 2 4

b. Fire plan for construction and service contracts 03/06/2013 (Soberanes Fire - Road 20S05

Rehabilitation)

c. "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects"

(FP‐03,

U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made part of this solicitation and any resultant contract.Electronic versions of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects" FP‐03, U.S. Customary Unit, are available on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at https://flh.fhwa.dot.gov/resources/specs/fp-03/

d. The Supplemental Project Specifications listed in the Supplemental Specification List are applicable to this contract and are physically included in this Section (C).

Note that the specification list includes the major specifications applicable to this project. Other specifications referred to within these specifications (even though not specifically listed herein) are also fully applicable to this request for proposals and any resultant contract.

Forest Service Supplemental Specifications (FSSS)

Spec. No. Specification Title

101 - Terms, Format, and Definitions 102 - Bid, Award, and Execution of Contract

103 - Scope of Work 104 - Control of Work

105 - Control of Material 106 - Acceptance of Work

107 - Legal Relations and Responsibility To the Public

108 - Prosecution and Progress 109 - Measurement and Payment

151 - Mobilization

154 - Contractor Sampling and Testing 155 - Schedules for Construction Contracts

156 - Public Traffic

170 - Develop Water Supply and Watering 171 - Weed and Disease Prevention

201 - Clearing and Grubbing

203 - Removal of Structures and Obstructions 204 - Excavation and Embankment

209 - Structure Excavation and Backfill 251 - Riprap

301 - Untreated Aggregate Courses

303 - Road Reconditioning 602 - Culverts and Drains

607 - Cleaning, Reconditioning, and Repairing Existing Drainage

635 - Temporary Traffic Control 650 - Road Closure Devices 703 – Aggregate

704 - Soil

705 - Rock

713 - Roadside Improvement Material

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

C.3 PROJECT LOCATION

The project site may be reached from Big Sur by traveling South on Highway 1 for approximately 2 miles and take left on Coast Ridge Road (NFSR 20S05).

C.4 CONTRACT TIME

This project is part of emergency repairs and the estimated start working date is ASAP. The contract time is 22 days, including delays for weather, locating and transporting supplies & materials; and final site cleanup.

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 is between $25,000 and $100,000

C.7 PRE-BID CONFERENCE OR TOURS

No project site will be scheduled, however Contractor are encouraged to visit the site before bidding and do not hesitate to contact Pablo Gonzalez if you have any questions regards the project at (559) 392-0423 pablogonzalez@fs.fed.us between the hours of 8 AM and 4 PM, Monday through Friday. Except federal holidays.

C.8 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. Average temperatures on North Coast Ridge Road typically range from 40 F to 65 F in the fall and winter. The precipitation can be as much as 10 inches in a rain storm. Snow is rare and may occur but not stick on the ground for long. When is it raining, North Coast Ridge Road can be very slick as a native material road.

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 unless approved in writing by the CO.

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. Contractor shall provide toilet facilities for its employees.

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 onsite 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.9 EQUIPMENT CLEANING

The contractor shall ensure that prior to moving on to another part of the project area all off-road equipment, 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 weeds of concern to Forest Service is available at the Forest Supervisor’s office. Contractor shall clean off-road equipment prior to moving between project areas 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 weed area, unless otherwise agreed.

Notification shall include the location of the equipment’s most recent operations. If the prior location of the off-road equipment cannot be identified, forest service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, Contractor must arrange for forest Service to inspect each piece of off-road equipment prior to it being placed into service. If Contractor desires to clean off-road equipment on national forest land, such as at the end of a project or prior to moving to a new unit that is free from noxious weeds, Contractor and Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any. New infestations of noxious weeds, of concern to Forest Service and identified by either Contractor or Forest Service, within the project area or on the haul route, shall be promptly reported to the other party.

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

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

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

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 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 22 days from the effective date on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 Work Timing

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

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.

G.5 Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

H - SECTION H - Special Contract Requirements

H.1 Superintendence By Contractor

In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order will be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.2 Subcontracting

The Contractor shall submit to the Contracting Officer, in writing, plans to subcontract any portions of the work. The submittal shall include evidence that the subcontractor is experienced and equipped for such work. Written approval to subcontract any portion of the work is required prior to start of work by a subcontractor. Such approval will not be construed to relieve the Contractor of any responsibility under the contract.

The minimum proportion of work to be done by Contractors own forces is stated in Clause 52.219-14 (Nov.

2011). In general, this amounts to 15% for general construction, and 25% for Special Trades Contractors.

H.3 Wage Determination

Wage Determination Number CA170029 is applicable to this contract and is included as an attachment listed in Section J.

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;

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

52.204-7 System for Award Management. (OCT 2016) 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) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 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) 52.222-13 Compliance With Construction Wage Rate Requirements and Related

Regulations. (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) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 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) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 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) 52.232-5 Payments Under Fixed-Price Construction Contracts. (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) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.236-2 Differing Site Conditions. (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) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.245-1 Government Property. (APR 2012) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR

1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV

1996) 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) 452.236-77 Emergency Response. (NOV 1996)

I.2 FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

I.3 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.4 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.5 FAR 52.228-13 Alternative Payment Protections. (JUL 2000)

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

Payment Bond; or Irrevocable Letter of Credit

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

(c) The submission of the payment protection is required within 5 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.

I.6 FAR 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground;

and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

I.7 FAR 52.236-26 Preconstruction Conference. (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

I.8 FAR 52.244-6 Subcontracts for Commercial Items. (JAN 2017)

(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.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C.

637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities.

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C.

4212(a));

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-55, Minimum Wages under Executive Order 13658 (DEC 2015), if flowdown is required in accordance with paragraph (k) of FAR clause 52.222- 55.

(xiii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016), if the estimated subcontract value exceeds $500,000, and is for other than commercially available off-the-shelf items.

Note to paragraph (c)(1)(xiii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xiv)52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016), if the estimated subcontract value exceeds $500,000, and is for other than commercially available off-the-shelf items.

(xv) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flowdown is required in accordance with paragraph (m) of FAR clause 52.222-62.

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

(xvii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.9 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

J - List of Documents, Exhibits, and Other Attachments

List of Documents, Exhibits, and Other Attachments

Attachment Number

Title Pages

1 Specifications 64 2 Map & Drawings 4 3 Fire Plan 9 4 Wage Determination 48

K - Representations, Certifications, and Other Statementsof Offerors or Respondents

K.1 FAR 52.204-8 Annual Representations and Certifications. (DEC 2016)

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

(2) The small business size standard is $36.5 million.

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

(b)(1) If the 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…