RFP-S-05-SS-13-09-302 South Creek.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP-S-05-SS-13-09-302

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

Dec 9, 2008

PAGE OF PAGES

1 42

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

239303

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOUTHERN SIERRA PROVINCE

1600 TOLLHOUSE ROAD

CLOVIS, CA 93611

SOUTHERN SIERRA PROVINCE

1839 S. NEWCOMB STREET

PORTERVILLE, CA 93257

9. FOR INFORMATION

CALL:

A. NAME

NANCY RUGGERI

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 559-784-1500, Ext. 1240

SOLICITATION

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

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

SEQUOIA NATIONAL FOREST

SOUTH CREEK ROAD LEGACY PROJECT

Price Range:

The Government's estimate is between $250,000 and $500,000.

DUNS #________________________

TIN #__________________________

NOTE: ANY REFERENCE TO “BID” MEANS “OFFER”

11. The Contractor shall begin performance within 10 calendar days after issuance of the Notice to proceed and complete the work not later than 200 calendar days after issuance of the Notice to Proceed. This performance period is mandatory, negotiable.

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 local time JANUARY 16. 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required, in the amount of 20% of the offered total price.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Solicitation #RFP-S-05-SS-13-09-302 Project: South Creek Road Legacy Project

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

**SCHEDULE OF ITEMS**

SOUTH CREEK ROAD LEGACY PROJECT

SEQUOIA NATIONAL FOREST

TULARE COUNTY, CALIFORNIA

OFFERORS PLEASE NOTE: BEFORE PREPARING PROPOSAL, CAREFULLY READ THE CONTENTS OF THIS

SOLICITATION.

OFFERORS ARE FURTHER CAUTIONED TO INSPECT THE CONSTRUCTION SITE AND INVESTIGATE

TRANSPORTING, WEATHER, AND LOCAL LABOR CONDITIONS

ITEM DESCRIPTION METHOD PAY EST. UNIT AMOUNT

NO. OF MEA. UNIT QTY. PRICE BID

BASE ITEM

1 Mobilization LSQ JOB $________ $________

South Creek Road Rehabilitation and Stabilization LSQ JOB $________ $________

TOTAL $________

OFFERORS MUST SUBMIT THE FOLLOWING SCHEDULE OF VALUES IN ORDER TO BE

CONSIDERED FOR AWARD UNDER THIS SOLICITATION

SCHEDULE OF VALUES

Payment will be made under Item 1 and 2 above and based on the

Following Schedule of Values Offerors shall submit a price on all items.

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization Lump Sum 1 $________ $________ 20301 Removal, Cleaning & Stockpiling of Drainage

Structures Each 6 $________ $________

20419 Drainage Excavation, Type Relief Overflow Ditch Foot 255 $________ $________ 20420 Drainage Excavation, Type Rolling Drain Dip Each 21 $________ $________ 25101 Machine Placed Riprap, Class 2 Cubic Yard 5 $________ $________ 25320 Revetment System, Articulating Concrete Block

AT 45 – 53 LBS./SQ. FT..

Square

Foot 1600 $________ $________

30322 Road Reconditioning, Compaction Method B Mile 4.15 $________ $________ 32115 Aggregate Surface Course, Type Crushed, Compaction Method C Ton 6122 $________ $________

60201 18-Inch Pipe Culvert (Government Furnished) Foot 120 $________ $________ 60202 44-Inch Span, 29-Inch Rise, Pipe Arch Extension

(Government Furnished) Foot 4 $________ $________

60207 Metal End Section for 44-Inch Span, 29-Inch Rise, Pipe Arch Culvert (Government Furnished)

Each 1 $________ $________

60407 Capping Inlets and Manholes (Government Furnished)

Each 1 $________ $________

60601 Spillway Assembly, Removing, Cleaning & Reinstallation

Each 1 $________ $________

60605A 18-Inch Pipe Metal End Section (Government Furnished)

Each 7 $________ $________

60605B 24-Inch Pipe Metal End Section (Government Furnished)

Each 6 $________ $________

60605C 36-Inch Pipe Metal End Section (Government Furnished)

Each 1 $________ $________

60607 Starter Section, Type Big Mac (Government Furnished)

Each 7 $________ $________

60708 Cleaning Culverts in Place Each 2 $________ $________ 60712 Cleaning Drainage Structures in Place Each 7 $________ $________

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 DESCRIPTION OF WORK

Furnish all labor, equipment and material to accomplish the Work under this contract. This project proposes to rehabilitate and upgrade all roadway drainage and drainage structures, and place aggregate surfacing on the full 4.2 mile length of FS Road 22S10 South Creek Road. Work includes but is not limited to the following major items:

o Clean and recondition roadway drainage structures (ditches, ditch relief culverts, overside drains, and rolling dips), and install riprap at outlets, when specified.

o Install metal end sections on the inlets of existing culverts and reduce drainage diversion potential, by installation of overflow structures at culverts and other specified areas; install relief pipes for increased flow capacity; extend the inlet on one culvert; remove sediment and debris from culvert inlet channels to reduce sediment movement to the nearby stream and reduce the potential of the culvert(s) becoming blocked during storm events.

o Remove berm as specified, also outslope roadway to minimize water concentration, erosion, and sediment production.

o Recondition roadway and place aggregate surfacing on the travel way.

The Contractor should refer to the SCHEDULE OF ITEMS, Schedule of Values, project plans and specifications when making estimates of quantities or work.

The Contractor is advised to submit technical proposals and pricing in accordance with Section M, Evaluation Factors for Award.

C.2 PROJECT LOCATION

State of California, County of Tulare, Section 32, Township 22 South, Range 32 East; Section 5, 6, 7 and 8, Township 23 South, Range 33 East, The project, FS Road 22S10 South Creek Road, is located on the Western Divide Ranger District of the Sequoia National Forest/Giant Sequoia National Monument. The lower end of the project terminates at Johnsondale, CA, located 26 miles north of Kernville, CA via county road M-99 at an elevation of 4700

ft. The upper end of the project terminates at the junction with FS Road 23S16 Sugarloaf Road at an elevation of 6080 ft. The Johnsondale Work Center is adjacent to the lower end of the project.

Directions below are to the lower end of the project.

From Kernville: Take County Road 99 north approximately 26 miles to Johnsondale, R-Ranch. Turn south onto FR 22S10, project starts approximately 0.6 miles from County Road 99.

From Porterville: Take County Road M56 to Hot Springs Ranger Station, turn north onto M50 and continue approximately 17 miles to Johnsondale, R-Ranch. Turn south onto FR 22S10, project starts approximately 0.6 miles from County Road 99.

C.3 CONTRACT TIME

Estimated start work date is May 18, 2009. The contract time will be 200 calendar days.

C.4 PROJECT SITE CLEAN UP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, and residue off of National Forest Land. All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal. During the Work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

C.5 PRICE RANGE

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

C.6 SPECIAL CONDITIONS AFFECTING THE WORK

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

b. Weather. Low temperatures at the project site range from temperatures of less than 20 ºF in December and January to lows of 65 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. The annual precipitation at the project site is less than 12 inches per year including snow fall. Winter snow storms and freezing temperatures will occur during the winter months that result in a winter project shutdown. Icy conditions on local roads and highways can occur during the fall, winter and spring. Highway curves in shaded areas will remain covered with ice or frost for weeks.

c. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend equipment work is not allowed at any time during the Work. Dogs and pets are not allowed on the project site at any time.

d. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

e. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site.

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

g. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on the premises. All waste material must be transported off-site to a station equipped to handle such waste.

A full hookup trailer pad may be available at the Work Center for the Contractor’s use during the contract. This is subject to availability and must be coordinated through the Contracting Officer.

h. Security. Contractor is responsible for the Contractor’s equipment and materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

i. Burning Permits. Contractor is subject to all rules and regulations governing the on site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

j. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

C.7 PRE-BID TOUR

A pre-bid tour will be conducted on December 12, 2008 at 10 a.m. starting at the Johnsondale Work Center. Contractors should notify the Contracting Officer Representative (Richard Mora at 559-784-

1500, ext. 1320) of their intent to attend the pre-bid tour. Offerors unable to attend the Pre-Bid Tour are highly encouraged to inspect the project work sites on their own.

Please complete the following:

[ ] I have made a site visit.

Name of individual that visited the site and date visited

[ ] I have not made a site visit.

C.8 CONDITIONS AFFECTING THE AWARD OF CONTRACT

Contractors are directed to Section K, L and M of the contract. These sections have questions that must be answered fully and completely to be considered for award.

C.9 EQUIPMENT CLEANING

The contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain or hold noxious weeds. Contractor shall certify in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to other project areas. Measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all equipment operating off of paved roadways.

A current list of noxious weeds of concern to Forest Service is available at the Forest Supervisor’s Office. Contractor shall clean off-road equipment prior to moving between project areas having known infestations with noxious weeds and other project areas, if any, which are free of such weeds. Project Area maps show areas known by Forest Service that contain specific noxious weed species of concern.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Contractor shall notify Forest Service at least 24 hours prior to beginning of work in area designated as a noxious weed area, unless otherwise agreed.

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

C.10 AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.11 AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.12 Drawings and Specifications

a. Project Drawings and Specifications are attached as Attachment 1 and 2.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

E.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION F--DELIVERIES OR PERFORMANCE

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

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

F.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.211-13 Time Extensions (SEPT 2000) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.3. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within 200 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. The estimated start work date is May 18, 2009.

F.4. AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

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

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

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

The maximum workweek that will be approved is Monday through Friday 7:00 am to 5:00 pm.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1. GOVERNMENT-FURNISHED PROPERTY

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

NONE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions: The area is normally accessible May through November but is not guaranteed.

(c) Transportation facilities are by county, state, and forest roads (paved and unpaved).

H.2. UTILITY SERVICES

There are no utilities available.

H.3. THREATENED OR ENDANGERED SPECIES

Location of known threatened or endangered species protected under the Threatened or Endangered Species Act (1973), will be identified for the Contractor before work commences. Upon discovery by either party (Government or Contractor) of additional threatened or endangered species, activity in the area shall cease and the find shall promptly be reported to the other party. Newly discovered or listed threatened or endangered species identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the threatened or endangered species’ significance can be made and provision for their protection and conservation implemented.

H.4. AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.5. SSP.1 PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, the Contractor shall be required to furnish his/her tentative progress schedule in writing. The contractor's foreman is encouraged to attend this meeting.

H.6. SSP.2 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

H.7. SSP.3 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments, or into natural or manmade channels leading thereto. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on/or in the vicinity of the project which are caused by the Contractors employees directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractors employees or resulting from construction operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.8. SSP.4 CONTRACTOR'S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

The contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

H.9. SSP.5 AVAILABILITY OF CONTRACTOR'S EMPLOYEES AND EQUIPMENT

When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency work whether or not caused by the Contractor. Payment will be made at not less than the current area rate established by the Forest Service. Employees and equipment will be released when other labor and equipment adequate for the protection of the area is obtained.

H.10. SSP.7 SUPERVISION

The contractor shall directly superintend all work performed or assign an on-site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language.

H.11. SSP.5 WINTER SHUTDOWN

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

I.2. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2003) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2005) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) (See Section M – Cascading Set-Aside) 52.219-6 Total Small Business Set-Aside (JUN 2003) (See Section M – Cascading Set-Aside) 52.219-8 Utilization of Small Business Concern (MAY 2004) 52.219-14 Limitations on Subcontracting (OCT 2004) 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(See Section M – Cascading Set-Aside) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (SEP 2005) 52.222-6 Davis-Bacon Act (SEP 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 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 Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (NOV 2006) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (JUL 2000) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (JUN 1996) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (SEP 2005) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 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), Alt 1 (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 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) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.245-1 Property Records (APR 1984) 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering -- Construction (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

I.3 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452-232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452-236-72 Use of Premises (NOV 1996)

452-236-73 Archeological or Historic Sites (FEB 1988) 452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452-236-76 Samples and Certificates (FEB 1988) 452-236-77 Emergency Response (NOV 1996)

I.4. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to

(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.5. FAR 222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION

DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.

However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order;

or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.6. FAR 52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause— “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; or

(2) A construction material manufactured in the United States, if 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 non-availability determinations have been made are treated as domestic.

“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. 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 the construction material 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…