AG-9AC7-S-13-0030.pdf

AG-9AC7-S-13-0030

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/10/2013 634208

1 2

N CALIFORNIA ACQ SERVICE AREA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

USDA FOREST SERVICE

34 Days After Notice to Proceed

USDA FOREST SERVICE

KLAMATH NATIONAL FOREST

1711 S MAIN STREET

YREKA

CA 96097

530 226-2451MARILYN LADD

05/08/2013 1630 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

MARTIN'S DAIRY CAMPGROUND RECONSTRUCTION, KLAMATH

NATIONAL FOREST

NAICS CODE: 236220

SMALL BUSINESS SIZE STANDARD: $33.5 million

001 Martin's Dairy Campground Reconstruction. See attached for schedule for itemized pricing.

Delivery: 34 Days After Notice to Proceed

DUNS NO.____________________________

Email:_______________________________

TAX ID NO._________________________

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-9AC7-S-13-0030

PRICE RANGE: Between $25,000 and $150,000

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

AG-9AC7-S-11-0030 Page 3 Martin’s Dairy Campground Reconstruction

TABLE OF CONTENTS

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

52.246-12 Inspection of Construction. (APR 1996)

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

452.215-73 Postaward Conference. (NOV 1996)

52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL

2012)

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

SECTION J - List of Documents, Exhibits, and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (DEC 2012)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

Instructions to Quoters

Facsimile Submissions

52.216-1 Type of Contract. (APR 1984)

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

SECTION M - Evaluation Factors for Award

Evaluation of Quotes

AG-9AC7-S-11-0030 Page 4 Martin’s Dairy Campground Reconstruction

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

ITEM NO. DESCRIPTION PAY

UNIT

EST

QUANT

UNIT COST TOTAL COST

CAMPSITES/FAUCETS/SIGN AREAS ONLY

151(01)A Mobilization Base Package only LS ALL $__________ $__________ 157(14) Erosion Control Prevention Plan LS ALL $__________ $__________

201(04) Clear & Grub, Disposal of Tops 7 Limbs K, Logs K, Stumps K ACRE 1 $__________ $__________

10300(01) Picnic Table, Install Table & Table anchoring system EA 6 $__________ $__________

10300(02) Lantern Hanger, Government Furnished EA 2 $__________ $__________

10300(04) Lantern Hanger - Remove, paint, re-install EA 4 $__________ $__________

11000(01) Fee Board Sign - Reset EA 1 $__________ $__________

10510(01) Pedestal Grill, Government Furnished EA 6 $__________ $__________

10510(03) Universal access fire ring, Government Furnished EA 3 $__________ $__________

10510(04) Fire Ring, Government Furnished EA 3 $__________ $__________

203(05) Klamath Stove - Remove & Dispose J EA 4 $__________ $__________

10600(01) Waste Receptacle HB1, Government Furnished EA 1 $__________ $__________

10600(02) Waste Receptacle HB2, Government Furnished EA 3 $__________ $__________

11000(02) Information Sign - Relocate EA 1 $__________ $__________

204(01)A Excavation - Campsites/Faucets/Sign Areas only Compaction E, Finishing A

CY 428

204(04)A

Unclassified Borrow, Government Furnished

- Campsites/Faucets/Sign Areas only Compaction E, Finishing A

CY 99

304(10)A

3/4" Minus Aggregate, Government Furnished - Campsites/Faucets/Sign Areas only Grading D Compaction A

CY 118

251(01)A Riprap, Government Furnished - Campsites/Faucets/Sign Areas only

CY 136

11200 Tent-Pad Bark Mulch CY 21 $__________ $__________

AG-9AC7-S-11-0030 Page 5 Martin’s Dairy Campground Reconstruction

ITEM NO. DESCRIPTION PAY

UNIT

EST

QUANT

UNIT COST TOTAL COST

251(61)A

Boulders, New, Government Furnished - Campsites/Faucets/Sign Areas only

EA 56

251(60) Boulders, Relocate Campsites/Faucets/Sign Areas only

EA 5

651(02)A Pit & Quarry Development LS ALL $__________ $__________

Subtotal $__________

CAMPSITE SPURS

204(01)B Excavation Spurs Compaction E, Finishing A CY 158 $__________ $__________

204(04)B Unclassified Borrow, Government Furnished Compaction E, Finishing A

CY 102

304(10)B

3/4" Minus Aggregate, Government Furnished Grading D Compaction A

CY 146

11100 Precast Concrete Wheel stop EA 6 $__________ $__________

Subtotal $__________

SOUTHWEST CAMPGROUND ROAD

204(01) C

Roadway Excavation, Compaction E Finishing A CY 58 $__________

204(04) C

Unclassified Borrow, Government Furnished Compaction E Finishing A CY 17 $__________

304(10) C

3/4" Minus Aggregate, Government Furnished Grading D Compaction A CY 160 $__________

251(61) B

Boulders, Government Furnished, New - SW Turnaround only EA 71 $__________

Subtotal

NORTHEAST CAMPGROUND ROAD

204(01)D Roadway Excavation, Compaction E Finishing A CY 146 $__________

204(04)D Unclassified CY 54 $__________

AG-9AC7-S-11-0030 Page 6 Martin’s Dairy Campground Reconstruction

Borrow, Government Furnished Compaction E Finishing A

304(10)D

3/4" Minus Aggregate, Government Furnished Grading D Compaction A CY 185 $__________

251(61)C

Boulders, Government Furnished, New - NE Turnaround only EA 29 $__________

251(01)B Class 2 Riprap, Government Furnished CY 3 $__________

207(01) Geotextile Type II-B SY 6 $__________

603(01)

18-inch Diameter Corugated Metal Pipe, 0.064-inch Thickness for Steel or 0.060-inch Thickness for Aluminum Method A LF 26 $__________

Subtotal

Base Package Total =

OPTION 1 - REPLACE ALL WOOD POST BARRIERS W/ BOULDERS

251(61)D

Roadside Boulders Replacing Wood Posts, Government Furnished EA 155 $__________

151(01)B Mobilization LS ALL $__________

651(02)B Pit & Quarry Development LS ALL $__________

Option 1 Total =

OPTIONAL WORK

The government expects to award Option 1 at time of award if sufficient funds are available; however the government reserves the right to exercise the option within 30 days after work has commenced if funding becomes available.

AG-9AC7-S-11-0030 Page 7 Martin’s Dairy Campground Reconstruction

SECTION C - Description/Specifications/Statement of Work

C.1 SCOPE OF WORK

Contract work includes improving the campsites, water faucets, site information/fee board station, spur roads and turnarounds.

C.2 LOCATION OF PROJECT

Martins Dairy Campground: From I-5 in Weed, CA travel northwest on US Hwy 97 approximately 28 miles to Forest Service Road 70 (1 mile south of Mount Hebron summit), turn west approximately 11 miles to Forest Service Road 46N12. Turn left on 46N12 for 2 miles to the campground.

From the North, traveling south on Hwy. 97, turn west (right) approximately 3.8 miles south of the town of Macdoel on the Ball Mtn. Road, continue on the Ball Mtn road for 6.4 miles to the intersection of Forest Route 70, turn north (right) on Forest Route 70 for 4.1 miles to Forest Service Road 46N12. Turn left on 46N12 for 2 miles to the campground and to the beginning of project. From the west travel 6.9 miles northeast on Airport Road from Montague, CA before turning right (east) onto Willow Creek Road.

After 5.8 miles turn right (east) onto York Road for 5 miles which turns into Forest Route 47N03.

Continue on the 47N03 road for 6.8 miles before turning south (right) on Forest Route 70 which after

4.1 miles leads Forest Service Road 46N12. Turn left on 46N12 for 2 miles to the campground and the beginning of project

C.3 STANDARD SPECIFICATIONS

C-2.1 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units) is included in this solicitation by reference. These specifications may be viewed at http://www.wfl.fha.dot.gov/design/specs/fp03.htm. The requirements contained in these Standard Specifications are hereby made part of this solicitation and any resultant contract.

C.4 ERRATA SHEET

The words ". . . or equal", ". . .or approved equal" and ". . .equivalent to" when referring to brand name items are hereby deleted in their entirety from this solicitation.

C.5 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.6 SPECIAL PROJECT SPECIFICATION LIST

The special project specifications applicable to this solicitation and any resultant contract are included as separate attachments, see Section J.

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

AG-9AC7-S-11-0030 Page 8 Martin’s Dairy Campground Reconstruction

SECTION D - Packaging and Marking

(This section contains no clauses)

SECTION E - Inspection and Acceptance

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):

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

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.

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

AG-9AC7-S-11-0030 Page 9 Martin’s Dairy Campground Reconstruction

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.

SECTION F - Deliveries or Performance

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

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

52.242-14 Suspension of Work. (APR 1984)

AG-9AC7-S-11-0030 Page 10 Martin’s Dairy Campground Reconstruction

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 34 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at: Mutually agreeable location.

GOVERNMENT-FURNISHED MATERIAL AND PROPERTY

The Government will provide the following item(s) of Government owned material 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.

Government-Furnished Materials referred to in Section B - Schedule of Items

Material to Be Furnished Location

All 3/4”-Minus Aggregate Ball Mountain Pit shown on the locality map All Class 2 Riprap Ball Mountain Pit shown on the locality map All Borrow Material Ball Mountain Pit shown on the locality map All New Boulders Ball Mountain Pit shown on the locality map All New Lantern Hangers Mount Hebron Work Center All New Picnic Tables Mount Hebron Work Center All Single Pedestal Grills Mount Hebron Work Center All Universal Access Fire Rings Mount Hebron Work Center All Fire Rings Mount Hebron Work Center All H1 Waste Receptacles Mount Hebron Work Center All H2 Waste Receptacles Mount Hebron Work Center

AG-9AC7-S-11-0030 Page 11 Martin’s Dairy Campground Reconstruction

SECTION H - Special Contract Requirements

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 equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AG-9AC7-S-11-0030 Page 12 Martin’s Dairy Campground Reconstruction

SECTION I - Contract Clauses

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

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

52.204-7 Central Contractor Registration. (DEC 2012)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.219-6 Noticed of Total Small Business Set-Aside (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (JUN 2010)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) http://www.acquisition.gov/

AG-9AC7-S-11-0030 Page 13 Martin’s Dairy Campground Reconstruction

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-4 Patent Indemnity--Construction Contracts. (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. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-17 Interest. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

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

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 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)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

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)

AG-9AC7-S-11-0030 Page 14 Martin’s Dairy Campground Reconstruction

52.253-1 Computer Generated Forms. (JAN 1991)

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)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade 6.8%

Goals for Female Participation for Each Trade 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

AG-9AC7-S-11-0030 Page 15 Martin’s Dairy Campground Reconstruction

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is MacDoel, CA in Siskiyou County.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL

2012)

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

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

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

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

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

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

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

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

(ii) At the end of contract performance; and

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

(d) The environmental point of contact for this contract is:

Marilyn Ladd, Contracting Officer (530) 226-2451or mladd@fs.fed.us Reporting Website: http://www.biopreferred.gov/FARReporting/FARReporting.xhtml http://www.biopreferred.gov/ mailto:mladd@fs.fed.us http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

AG-9AC7-S-11-0030 Page 16 Martin’s Dairy Campground Reconstruction

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material 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.

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"Foreign construction material" means a construction material other than a domestic construction material.

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

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

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

NONE

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(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

AG-9AC7-S-11-0030 Page 18 Martin’s Dairy Campground Reconstruction may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Include other applicable supporting information.

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

52.228-13 Alternative Payment Protections. (JUL 2000)

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

(1) A payment bond; or

(2) An irrevocable letter of credit (ILC)

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

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

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(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.

52.232-99, Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

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

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

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service

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SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment No. Title No. of Pages

1 Forest Service Supplement Specifications to FP-03 41

2 Supplement to CSI 13

3 Maps/Drawings 27

4 Fire Plan 9

5 Davis Bacon Wage Determination, mod 6, dated 04/05/13 13

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SECTION K - Representations, Certifications, and Other Statements of Offerors

52.223-1 Biobased Product Certification. (MAY 2012)

52.204-8 Annual Representations and Certifications. (DEC 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33.5 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (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 ORCA are applicable to this solicitation as indicated:

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

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

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated

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

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

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

[ ](i) 52.219-22, Small Disadvantaged Business Status.

[ ](A) Basic.

[ ](B) Alternate I.

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

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

[ ](iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

[ ](vi) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

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

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

FAR Clause Title Date Change

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

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52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012)

(a) Definitions. As used in this clause -

"Long-term contract" means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts -

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

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

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by…