AG-9AC7-S-16-0092_Solicitation.pdf

AG-9AC7-S-16-0092

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

05/10/2016 794331

1 27

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

USDA FOREST SERVICE

30 Days After Notice to Proceed

USDA FOREST SERVICE

LASSEN NATL FOREST ALMANOR RD

PO BOX 767

CHESTER

CA 96020-0767

530 226-2445PAUL WOOD

06/06/2016 1500 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Aspen Protection Fence Lassen National Forest

NAICS: 238990

Size Standard; $15.0 Million Set Aside: 100% Total Small Business

Government Estimate: $25,000 - $100,000

DUNS: ________________________________

Email: _______________________________

001 Aspen Protection Fence, 12,326 Feet See Schedule of Items to submit Cost 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-16-0092

Delivery: 30 Days After Notice to Proceed

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

CONSTRUCTION RFQ

Last Aspen Fence AG-9AC7-S-16-0092 Lassen National Forest Page 3 of 27

Table of Contents

PART I: THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Work

Location of Project

Contract Time and Estimated Start Work Date

Statement of Work/Specifications, AGAR 452.211-72 (Feb 1988)

Attachments to Statement of Work/Specifications, AGAR 452.211-73 (Feb 1988)

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

Post-Award Conference

Invoice Submission Procedures

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Worker’s Compensation Insurance

Emergency Response, AGAR 452.236-77 (Nov 1996)

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

Notice of Requirement For Affirmative Action to Ensure Equal Employment Opportunity for Construction FAR 52.222-23 (Feb 1999)

Affirmative Procurement of Biobased Products Under Service And Construction Contracts FAR 52.223-2 (Sep 2013)

Affirmative Procurement of EPA-Designated Items In Service and Construction Contracts, FAR 52.223-17 (May 2008)

Buy American - Construction Materials, FAR 52.225-9 (May 2014)

Alternate Payment Protections, FAR 52.228-13 (Jul 2000) Applicable if Contract Exceeds $35,000.00

ORDER OF PRECEDENCE—CONSTRUCTION

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

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SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

Annual Representations and Certifications FAR 52.204-8 (Apr 2016)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, AGAR 452.209-70 (Feb 2012) -- Alternate I (Feb 2012) (Deviation)

Size Standard and NAICS Code Information, AGAR 452.219-70 (Sep 2001)

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS

Type of Contract, FAR 52.216-1 (APR 1984)

Site Visit (Construction), FAR 52.236-27 (Feb 1995)

Notice of Buy American Act Requirement--Construction Materials, FAR 52.225-10 (May 2014) 22

Inquiries, AGAR 452.204-70 (Feb 1988)

Instructions to Quoters

Electronic Submissions

Facsimile Submissions

SECTION M--EVALUATION FACTORS FOR AWARD

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PART I: THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS

ASPEN FENCE PROJECT

Lassen National Forest

Item # Description Pay

Unit Estimated Quantity Unit Cost Total Cost

1 West Dusty Stand 24 (WD24) 945 feet

West Dusty Stand 17 (WD17) 877 feet

West Dusty Stand 07 (WD07)1,260 feet

North Fork Stand 02 (NF02) 3,557 feet

North Fork Stand 04 (NF04) 1,064 feet

North Fork Stand 05 (NF05) 939 feet

North Fork Stand 06 (NF06) 989 feet

North Fork Stand 07 (NF07) 582 feet

North Fork Stand 03 (NF03) 2,113 feet

Feet 12,326 $_________ $_________

TOTAL COST:$____________

NOTE: See maps for stand locations. The perimeter footage is an estimate.

Lassen National Forest Page 6 of 27

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Work This project includes installing deer proof fencing around nine difference stands of Aspen Trees.

The identified aspen stands need deer proof fence constructed around them to prevent deer from browsing the new growth. The fence should be constructed between 25 and 50 ft. away from the aspen stems and should surround the stand completely. The fence can incorporate natural physical barriers such as rivers, cliffs or boulders as long as the fence is constructed such that deer cannot enter the stand. Rocks or logs should be used to block gaps in the bottom of the fence where deer might be able to get under.

The fence will be constructed of 8 ft. t -posts spaced 20 feet apart and inserted into the ground approximately 1-2 feet. The fence is a let-down fence so that it can withstand heavy snow loads in the winter. The deer mesh and wire should be easily laid down in the winter months and easily put up in the spring. The deer mesh will be attached around smooth wire that spans the top and bottom of the fence.

The deer mesh will be attached at the top of the t-post to maximize the height of the fence. Where the mesh is attached on the bottom wire the mesh will overlap the bottom wire to close any gaps created by topography. Where topography creates large gaps (greater than 6 inches) that cannot be closed by the mesh overhanging, then rocks or log barriers will be placed in such a way to prevent deer from entering the exclosure through the gap. The wire will be secured to the t-posts with let-down fence clips and a nail. The mesh should not be attached to the t-posts. Zip-ties or hog rings will secure the deer mesh around the wire. Corners can be constructed using existing live trees (6 in dbh and larger), rock cribs or h-braces. Corner trees are preferred where they exist. Corner trees should be protected with wood braces so that the wire does not cut into and damage the tree. (See attached project specifications and pictures for details).

Location of Project The Last Aspen Fence project is located North of Chester CA from Hwy 36, Northwest on Feather River Drive or Plumas County Route 312 approximatley 7 miles. Then left onto PL county route 311 another 1.5 miles. The fences are located in Township 29N, Range 6E, sections 19 and 29; Township 29E, Range 5E, sections 22 and 23.

Contract Time and Estimated Start Work Date Contract time is 30 days with an estimated start work date of July 1, 2016

Statement of Work/Specifications, AGAR 452.211-72 (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.

Attachments to Statement of Work/Specifications, AGAR 452.211-73 (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.

http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#21172 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#21173

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SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

Clauses Incorporated By Reference, FAR 52.252-2 (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):

FAR: https://www.acquisition.gov/far AGAR: http://www.dm.usda.gov/procurement/policy/agar.html

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated By Reference

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

SECTION F--DELIVERIES OR PERFORMANCE

Incorporated by Reference

FAR 52.242-14 Suspension of Work (APR 1984)

Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The anticipated start work date is July 1, 2016. Note: Submittals and ordering may begin before construction starts.

Maximum Workweek – Construction Schedule FAR 52.236-15 (Apr 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html http://acquisition.gov/far/current/html/52_246.html#wp1118709 https://acquisition.gov/far/current/html/52_246.html#wp1118901 https://acquisition.gov/far/current/html/52_241_244.html#wp1128875 https://acquisition.gov/far/current/html/52_207_211.html#wp1141217

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Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G--CONTRACT ADMINISTRATION DATA

Post-Award Conference A post award conference with the successful offeror may be scheduled within 10 calendar days after the date of contract award and held at a location mutually agreed upon between the Contracting Officer and the awarded contractor prior to start of work.

Invoice Submission Procedures The "Submit Invoice-to" address for invoices on USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for work performed under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.

Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

After award of a contract, please make sure your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account, there is no pre-award registration. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is current in the System for Award Management (SAM) account for your company (www.sam.gov). Recent update(s) to a SAM registration need time to process from a “Pending” to in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the POC identified in the SAM account. For assistance with questions on the IPP enrollment process, creating invoices, or uploading attachments to IPP please contact the IPP help desk phone number is 1-866-973-3131.

Invoices in IPP are the official request for payment. Supporting information is required for all construction progress payments and shall be attached to the IPP invoice.

• The payment certification required in FAR 52.232-5 Payments under Fixed-Price Construction Contracts must be signed and submitted for each progress payment requested,

• A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.

Additionally, the government will verify the contractor’s compliance with the submission of certified payrolls for the invoiced timeframe as required in FAR Clause 52.222-8 Payrolls and Basic Records.

The Contractor shall submit payrolls weekly for each week in which any contract work is performed by the prime or any subcontractors. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information required in the contract clause (form WH-347 is an optional form compliant with the requirement and is available for download at www.dol.gov). State or https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/ http://www.dol.gov/

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County government forms lack the specific certification requirement and are not acceptable without supplementation of the certification statement.

Invoices not complying with contract requirements will be rejected.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Worker’s Compensation Insurance The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone as an owner/operator is not required to carry the insurance.

Emergency Response, AGAR 452.236-77 (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.

http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23677

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

Clauses Incorporated by Reference, FAR 52.252-2 (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):

FAR: www.acquisition.gov/far AGAR: www.dm.usda.gov/procurement/policy/agar.html

52.204-7 System for Award Management (JUL 2013) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222-6 Construction Wage 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 Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY

2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 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) 52.233-4 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) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1150718 https://acquisition.gov/far/current/html/52_222.html#wp1147505 https://acquisition.gov/far/current/html/52_222.html#wp1147521 https://acquisition.gov/far/current/html/52_222.html#wp1147526 https://acquisition.gov/far/current/html/52_222.html#wp1147541 https://acquisition.gov/far/current/html/52_222.html#wp1147548 https://acquisition.gov/far/current/html/52_222.html#wp1147560 https://acquisition.gov/far/current/html/52_222.html#wp1147565 https://acquisition.gov/far/current/html/52_222.html#wp1147570 https://acquisition.gov/far/current/html/52_222.html#wp1147575 https://acquisition.gov/far/current/html/52_222.html#wp1147649 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1147739 https://acquisition.gov/far/current/html/52_222.html#wp1162802 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://acquisition.gov/far/current/html/52_222.html#wp1163045 https://acquisition.gov/far/current/html/52_223_226.html#wp1168850 https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_227.html#wp1139101 https://acquisition.gov/far/current/html/52_232.html#wp1152507 https://acquisition.gov/far/current/html/52_232.html#wp1152984 https://acquisition.gov/far/current/html/52_232.html#wp1153110 https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_233_240.html#wp1113365 https://acquisition.gov/far/current/html/52_233_240.html#wp1113375 https://acquisition.gov/far/current/html/52_233_240.html#wp1113390 https://acquisition.gov/far/current/html/52_233_240.html#wp1113402 https://acquisition.gov/far/current/html/52_233_240.html#wp1113412 https://acquisition.gov/far/current/html/52_233_240.html#wp1113418

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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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

Agriculture Acquisition Regulation (48 CFR Chapter 4) Clauses

452.209-71 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction (Deviation 2012-01) (FEB 2012) (Alternate 1 Feb 2012) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988)

Notice of Requirement For Affirmative Action to Ensure Equal Employment Opportunity for Construction FAR 52.222-23 (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 are, 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 actions 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 https://acquisition.gov/far/current/html/52_233_240.html#wp1113425 https://acquisition.gov/far/current/html/52_233_240.html#wp1113431 https://acquisition.gov/far/current/html/52_233_240.html#wp1113436 https://acquisition.gov/far/current/html/52_233_240.html#wp1113461 https://acquisition.gov/far/current/html/52_233_240.html#wp1113477 https://acquisition.gov/far/current/html/52_233_240.html#wp1113494 https://acquisition.gov/far/current/html/52_233_240.html#wp1113534 https://acquisition.gov/far/current/html/52_241_244.html#wp1129035 https://acquisition.gov/far/current/html/52_241_244.html#wp1129139 https://acquisition.gov/far/current/html/52_246.html#wp1119079 https://acquisition.gov/far/current/html/52_248_253.html#wp1119604 https://acquisition.gov/far/current/html/52_248_253.html#wp1119885 https://acquisition.gov/far/current/html/52_248_253.html#wp1120078 http://www.dm.usda.gov/procurement/policy/docs/USDAFARDeviation03-22-2012Solicitation.pdf http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23672 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23673 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23676 https://acquisition.gov/far/current/html/52_222.html#wp1147671

Lassen National Forest Page 12 of 27 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;

(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 Plumas County, California.

Affirmative Procurement of Biobased Products Under Service And Construction Contracts FAR 52.223-2 (Sep 2013)

(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 http://www.sam.gov, 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; and

(2) Submit this report no later than—

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

(ii) At the end of contract performance.

Affirmative Procurement of EPA-Designated Items In Service and Construction Contracts, FAR 52.223-17 (May 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

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Buy American - Construction Materials, FAR 52.225-9 (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.

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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

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

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

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

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(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.

(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).]

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Alternate Payment Protections, FAR 52.228-13 (Jul 2000) Applicable if Contract Exceeds $35,000.00

(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.

(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.

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

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.

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

SECTION J--LIST OF ATTACHMENTS

Item No. Attachment Page Count 1 Maps 4

2 Pictorial Specs 10

3 Fire Plan 9

4 Davis Bacon WD, CA9, mod 5, 03/04/2016 47

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

Annual Representations and Certifications FAR 52.204-8 (Apr 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

238990.

(2) The small business size standard is $15.0 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 technical proposals under two-step sealed bidding procedures; or

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

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(viii) 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.

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

(x) 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.

(xi) 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.

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

(xiii) 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.

(xiv) 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.

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

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

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

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

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

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

Alternate I applies.

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

Alternate II applies.

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

Alternate III applies.

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

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xxi) 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.

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

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

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of…