12010920Q0012 Sandy Beach Road Alignment.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

986617

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

USDA , Forest Service R10, AQM

P.O. Box 21628 Juneau, AK 99802-1682

MICHAEL MCCARTHY 907-586-7903

102/19/2020

12010920Q0012

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

12010920Q0012-- Sandy Beach Road Realignment:

Construction of 200 linear feet of new 16 feet wide roadbed, along existing road.

Project will consist of roadway excavation and embankment, clearing & grubbing, rock haul and placement, rock excavation, seeding & fertilizing, culvert installation, plan development and implementation of erosion control features.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 56 calendar days and complete it within ________________ ________________ calendar days after receiving

03/04/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

12010920Q0012 Sandy Beach Road Alignment

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

DELLA KOELLING

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920Q0012

Sandy Beach Road Realignment; POW; Emergency Repair

Delivery: 05/04/2020

Delivery Location Code: 0116

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901 US

Period of Performance: 03/09/2020 to 05/04/2020

Sandy Beach Road Realignment; POW

Bonds are not required if quote is under $35,000.

This is a firm fixed price contract award

Davis Bacon Act (DBA) applies to this solicitation.

Quotes are due by: March 4, 2020 at 1:00 p.m.

Alaska Time

Email quotes to: michael.t.mccarthy@usda.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

PART I - SCHEDULE OF ITEM

SECTION B – SERVICES AND PRICES

SANDY BEACH ROAD REALIGNMENT

Thorne Bay Ranger District

Tongass National Forest

B- 1 - SCHEDULE OF ITEMS

Base Items:

ITEM

NO.

DESCRIPTION

Base Items – Road 3000000 MP 18.2 UNIT QTY

UNIT

PRICE

TOTAL

PRICE

1 15101 Mobilization Lump Sum 1 $______ $_________

2 20101* Clearing and Grubbing Acre 0.25 $_______ $_________

3 20401C* Roadway excavation, placement method 4, finishing method A

Cubic Yard 250 $_______ $_______

4 20404* Unclassified borrow, placement method 4, finishing method A

Cubic Yard 150 $_______ $_______

5 20424* Haul Cubic Yard- Mile

1,320 $_______ $_______

6 20429* End Haul Cubic Yard 80 $_______ $_______

7 25101 Placed riprap, class 5, method A Cubic yard 110 $_______ $_______

8 30201* Haul and place stockpiled crushed aggregate, compaction method B

Cubic Yard 70 $_______ $_______

9 60201 18” corrugated plastic pipe Lineal Foot 80 $_______ $_______

10 62501 Seeding, dry method Acre .1 $_______ $_______

Base Items Total $_________

Option Item(s)

ITEM

NO.

DESCRIPTION

Option Item – Road 3000000 MP 18.2

UNIT

QTY

UNIT

PRICE

TOTAL

PRICE

1 20401R* Rock Excavation Cubic Yard 80 $_______ $_______

Option Item Total $_________

Total of Base and Option items

*Denotes Contract Quantities

1) Quoters must submit prices for all Items in the Schedule of Items above.

2) Disclosure of the Magnitude of Construction Projects: Between $25,000. - $100,000

3) Mobilization does not include on-site construction activities including the movement of personnel, materials, or equipment within the project site.

4) Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Line Item 1, Mobilization. Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

5) Bonds are not required if quote is under $35,000

VENDOR INFORMATION FOR CONTRACT ADMINISTRATION PURPOSES

NAME: PHONE:

EMAIL: DUNS:

SAM EXPIRATION DATE:

SECTION C – DESCRIPTION AND SPECIFICATIONS

SANDY BEACH ROAD REALIGNMENT

C.1 Project Scope: This project involves the new construction of approximately 200 lineal feet of 16’ wide roadbed along an existing road alignment. The 30 Road (Sandy Beach) is located north of the city of Thorne Bay that has a fill slope failure at MP 18.2. This section of road is immediately adjacent to Deer Creek. The intent is to shift the road away from the creek approximately 10 feet, into an existing rockpit, and lay back the slope down to the creek at a 1:1 1 ¼ slope and armor with rip rap. It is anticipated that excavated material from the fill slope and existing prism will be used in the construction of the new road segment. Option item for rock excavation is intended to be exercised in the event there is solid, un-rippable rock uncovered during roadway excavation. It is recommended potential quoters make a site visit to review project conditions.

The project includes Mobilization of Equipment and the following summary of work.

• Clearing and grubbing

• Excavation and embankment

• Haul and placement of aggregate and rip rap

• Installation of culverts

• Ditching

• Seeding and fertilizing

End haul waste material site locations to be identified and staked by engineer, generally within 2 miles of project site. Side-casting will not be allowed in areas where material would be placed adjacent to live streams within 100 feet.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.2 Description and Location: The project is located on the Thorne Bay Ranger District of the Tongass National Forest. It is approximately 1 mile north of Thorne Bay, Alaska on Prince of Wales Island.

Potential quoters are encouraged to examine the work sites prior to quoting on this project.

C.3 Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-14.

The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-14, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

ISBN 0-16-051430-4

The FP-14 U.S. Customary version is only available through the Federal Lands Highway Headquarters office:

Headquarters Washington DC David K. Green Construction Standards Engineer Internet: David.Green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington D.C. 20590

Or available on line at https://flh.fhwa.dot.gov/resources/specs/

C.4 Safety and Public Notification

Warning signs will be placed at the proper locations to warn the public of road work. All signs shall meet the minimum requirements as established by the Manual of Uniform Traffic Control Devices (MUTCD), 2003 edition. Contractor shall post notices of where and when the public might expect delays due to project work will be at several publicly located bulletin boards in Thorne Bay, Coffman Cove, Klawock, and Craig.

C.5 Damage to Structures

The Contractor shall be held liable for any damage caused by his/her personnel or equipment to any existing bridges, ditches, culverts, signs, or riprap at culvert inverts. Repair of structures damaged by the Contractor's operations, shall be the Contractor's responsibility at no cost to the Government.

C.6 Special Project Specification and Forest Service Supplementation

101 - Terms, Format, and Definitions (as supplemented herein) 102 - Bid, Award, and Execution of Contract (as supplemented herein) 103 - Scope of Work (as supplemented herein) 104 - Control of Work (as supplemented herein) 105 - Control of Material (as supplemented herein) 106 - Acceptance of Work (as supplemented herein) 107 - Legal Relations and Responsibility to the Public (as supplemented herein) 108 - Prosecution and Progress (as supplemented herein) 109 - Measurement and Payment (as supplemented herein) 155 - Schedules for Construction Contracts (as supplemented herein) 157 – Soil Erosion Control 203 – Removal of Structures 204 - Excavation and Embankment (as supplemented herein) 212 – Riprap 302 – Minor Crushed Aggregate

12010920Q0012 Sandy Beach Road Alignment https://flh.fhwa.dot.gov/resources/specs/

602 – Culverts 705 - Rock 718 - Traffic Signing and Marking Material (as supplemented herein)

SPECIAL NOTE: The above is a list of major specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

NOTE: The solicitation number will have a “Q” for the solicitation indicator in the number.

Contracts will have a similar number format but will have a “C” in place of the “Q”.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 INSPECTION

Inspection will include measurement of individual ITEM NO# in accordance to FP-14 and

FSSS.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than: May 4, 2020

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

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award or pre-work conference with the successful offeror is required. It will be scheduled within a reasonable time after award and prior to the issuing of a Notice to Proceed.

G.2 MEASUREMENT AND PAYMENT

Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

Payment will be made only for those items listed on Bid Schedules. All other work is incidental to these pay items.

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(a)Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G.4 DESIGNATION OF CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVE

12010920Q0012 Sandy Beach Road Alignment https://www.ipp.gov/

The Contracting Officer designates the Contracting Officer's Technical Representative(s) (COTR). The COTR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COTR provided they do not affect the delivery schedule or performance period stated in the contract.) On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COTR requests effort outside the scope of the contract, the Contractor should so advise the COTR. If the COTR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.6 CONTRACTOR’S DESIGNATED REPRESENTATIVE

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

If a previously unidentified archaeological or historic site(s) are encountered, the contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H. 2 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS,

DRAWINGS

See section I for order of precedence.

H. 3 LANDSCAPE PRESERVATION

(a) 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. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Do not allow wash water or waste water from concrete or aggregate operations 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.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: No stream crossings are authorized under this contract.

Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal Agencies:

1. ADNR – Alaska Department of Natural Resources.

2. ADEC – Alaska Department of Environmental Conservation.

3. ADGC – Alaska Department of Governmental Coordination.

4. EPA – US Environmental Protection Agency.

5. DA, COE – US Army Corps of Engineers.

6. USCG – US Coast Guard.

H. 4 USE OF PREMISES

(a) Obtain written approval from the Contracting Officer before opening or operating on

National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

1. Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

2. Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

3. Ensure that the design, operation, and maintenance of all solid waste systems under

Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

4. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage.

Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following information in this plan:

1. Location and size of the proposed camp development, including a map.

2. Wastewater system.

3. Number of people who will use the site and proposed dates of occupancy.

4. Power supply system.

5. Water supply system.

6. Building layout, shop area, living quarters.

7. Road and trail layout.

8. Clearing limits and slash disposal locations.

9. Borrow areas.

10. Dock and access location.

11. Equipment and fuel storage area and Spill Prevention Control and Countermeasure

(SPCC) plan.

12. Incinerator location and ash disposal plan.

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H. 5 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

(a) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

(b) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4 inches of snow unless the road has been snowplowed.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H. 6 ROAD MAINTENANCE REQUIREMENTS

Perform road maintenance work on the required roads in accordance with the following:

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders. Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace material eroded from fill slopes and clean out drainage ditches and culverts subject to the above equipment limitations.

Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H. 7 EMERGENCY CONTROL

(a) 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, with or without direction by the Forest Service. 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.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 16-20

Axe, d.b chopping, 32-inch min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32-inch min. handle 2 3 7 10 File, 10-inch mill bastard 1 1 1 2 Pumps, backpack cans, 5-gal filled with water

1 2 2 3

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4 pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8 ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H. 8 CONSTRUCTION STAKES, LINES, AND GRADES

Contractor will perform all construction staking necessary for completion of contract:

The Government will provide initial location staking for all proposed work.

H. 9 LOCAL MATERIAL SOURCES

Rock Sources:

Road # 3015000 MP 0.05

Designated waste material sites will be staked on the ground by engineer.

H. 10 ACCESS TO THE PROJECT

The project is located on the Thorne Bay Ranger District Tongass National Forest Road System.

It is approximately 1 mile north of Thorne Bay, Alaska on Prince of Wales Island

H. 11 GOVERNMENT FURNISHED MATERIALS

The contractor is to provide all labor, transportation, and facilities for work on this project. The government is not furnishing any materials, labor, transportation, or facilities under this contract.

H.12 OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contact. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 – FAR Clause(s) 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 it they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far (FAR clauses); https://www.acquisition.gov/agar (AGAR clauses)

52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (Aug 2019) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Aug 2018) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination – Debarment (May 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.225-9 Buy American Act – Construction Materials (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material. “Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non availability 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 the 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: ______ [Contracting Officer to list applicable excepted materials or indicate “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.

(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).]

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering – Construction (Oct 2015)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulations (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(Deviation)” after the date of the clause.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an unauthorized deviation indicated by the addition of “(Deviation)” after the date of the regulation.

52.253-1 Computer Generated Forms (JAN 1991)

I.2 Agriculture Acquisition Regulation (AGAR) (48 CFR CHAPTER 4) Clauses

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.

452.236-72 Use of Premises (Nov 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

452.236-74 Control of Erosion, Sedimentation, and Pollution (Nov 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams or impoundments; or into natural or man-made channels. 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.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.236-76 Samples and Certificates (Feb 1988)

12010920Q0012 Sandy Beach Road Alignment http://www.usda.gov/procurement/policy/agar.html

When required by the specifications of the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

452.236-77 Emergency Response (Nov 1996) (See specifications paragraph C.9. for addendum)

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

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

Part III – List of Documents, Exhibits and Other Attachments

Section J – List of Attachments

The following attachment(s) are hereby made a part of the solicitation and any resultant contract(s):

Title Pages Forest Service Supplemental Specifications (FSSS) 32 Sandy Beach Road Realignment Plans 7 Construction Wage Rates, General Decision Number: AK20200007, 02/07/2020 8

NOTE: In compliance with the Paperwork Reduction Act, Sections K, L, and M, which apply only to the Solicitation, are not duplicated after contract award. However, Section K will be incorporated by reference into any resulting contract(s). “The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.

(Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TCC). To file a complaint of discrimination, write to:

USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD).

USDA is an equal opportunity provider and employer.”

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 – FAR Provision(s) 52.204-8 Annual Representations and Certifications (Oct 2018)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310, Highway, Street, and Bridge Construction.

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

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal…