12010920Q0091 RFQ.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)

1008778

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

jonathan.gellings@usda.gov

JONATHAN GELLINGS 907-586-7836

108/19/2020

12010920Q0091

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

Sections B. through J. of the following pages.

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F.

09/02/2020

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)

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

DENISE MURPHY

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 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920Q0091

Suntaheen Fish Pass CXT Installation and Parking

Area Expansion

Delivery: 08/15/2020

Delivery Location Code: 0114

USDA FOREST SERVICE

TONGASS NF SITKA OFFICE

2108 HALIBUT POINT

SITKA AK 99835 US

FOB: Destination

0001 Suntaheen Fish Pass CXT Installation and Parking

Area Expansion

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

Sponsored by GSA

FAR (48 CFR) 53.110

12010920Q0091 Suntaheen Outhouse and Parking Lot Construction

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Contract Line Items (CLINs):

Item # Schedule of Supplies/Services Quantity Pay Unit Unit Price Amount 0001 Suntaheen Outhouse and Parking Lot Construction

0001AA Mobilization 1 LS $ $ 0001AB Contractor-furnished outhouse delivery and installation

1 LS $ $

0001AC Parking Lot Expansion and All remaining work 1 LS $ $ Total Item(s) 0001: $

LS – Lump Sum

Additional Terms:

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 and $100,000.

3) Payment bonds are required if your total price (sum of all Items above) exceeds $35,000 but is less than or equal to

$150,000. The clause at FAR 52.228-13 applies.

4) Bid bonds, payment bonds, and performance bonds are required if your total price (sum of all Items above) exceeds

$150,000. The clauses at FAR 52.228-1, 52.228-2, 52.228-11, 52.228-12, 52.228-14, and 52.228-15 apply.

5) Any applicable costs/bond premiums for payment protections, bid bonds, payment bonds, or performance bonds applicable at those thresholds shall be included in your price for payment under Mobilization.

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

7) Payment for bond premiums in accordance with (IAW) Federal Acquisition Regulation ((FAR) 48 CFR Chapter 1)

Clause 52.232-5 Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

Include bond payments under Mobilization.

8) Payment will be made IAW Section G.2. only for those Items listed on the Schedule of Items above.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 – Scope of the Contract The Tongass National Forest requires construction work on the Hoonah Ranger District involving outhouse construction and parking lot expansion at the Suntaheen Fish Pass.

The work shall consist of what is shown on the plans, stated in the specifications, and summarized below:

• CXT Vault Toilet installation

• Construct trail from toilet pad to existing loop road

• Install a HDPE culvert to drain the area near the vault toilet site.

• Construct a parking lot expansion, including excavation, embankment, and aggregate surfacing

• Miscellaneous site development including tree removal, will occur under the parking lot expansion item

For specific work performance information, see the attached Statement of Work/Specifications and Plans.

The Contractor shall furnish all labor, materials, equipment, supervision and transportation to perform all work listed on the schedule of supplies/services as ordered. All work related to this project shall be completed in accordance with all applicable Occupational Safety and Health Administration (OSHA) regulations and State of Alaska statutes and regulations.

C.2 – Project Description and Location

1) Description: Suntaheen Fish Pass, NFSR 8530

2) Location and Facilities: The project site is located approximately 15 miles southeast of Hoonah, Alaska, in the Hoonah Ranger District on the Tongass National Forest. It is accessible by the road system from Road Number 8530.

Coordinates are: 58.045864 N; -135.148661 W.

3) Access to Construction Site: Hoonah Road System

4) Other Site Use: IAW Agriculture Acquisition Regulation (AGAR) Clause 452.236-72 Use of Premises, the Contractor may be allowed to use locations away from the project site for related purposes (e.g., camping, equipment and/or material storage, prefabrication constructs, etc.) upon written approval from the applicable Authorized Official (i.e., District Ranger, Forest Supervisor, or Regional Forester) IAW FAR 52.236-7 Permits and Responsibilities.

5) Government provided materials: The following materials will be provided for use by the contractor:

(a) Soil material to be taken from appropriate sites for use as topsoil for “soil and seed” areas shown on the plans.

Owner’s Representative to approve site access and exact material location.

(b) Boulders on site at project location or near road.

(c) Signs per the Sign Schedule.

C.3 – Technical Specifications

1) The technical specifications are included as attachment in Section J. The following are included in full text:

a) Section 003010 — Definition of Bid Items

b) Section 009030 – Intent of the Contract

c) Section 009050 – Control of Materials

d) Section 009060 – Measurement and Payment

e) Section 009070 – Quality Assurance

f) Section 011110 — Mobilization

g) Section 013300 — Submittals

h) Section 013310 — Construction Layout

i) Section 015710 — Temporary Controls

j) Section 017700 — Project Closeout

k) Section 133423 – Vault Toilet

l) Section 311000 — Clearing and Grubbing

m) Section 312213 – Grading

n) Section 312300 – Excavation and Embankment

o) Section 312500 — Sediment and Erosion Control Measures

p) Section 321500 – Trails, Pathways, and Pads

2) Forest Service Outdoor Recreation Accessibility Guidelines 2013.

3) Architectural Barrier Act Accessibility Standards.

4) Vault Toilet Specification: This requirement is a Brand Name or Equal specification for the toilet. See Section J for the Vault Toilet Brand Name Specification. The provision at FAR 52.211-6 Brand Name or Equal is included in Section L.

Salient Characteristics are:

• 1 single user

• 1 toilet riser (meets FSORAG requirements)

• FSORAG-compliant grab bars

• 750-1000 gallon waste vault

• Toilet paper holder holds at least 4 rolls

• Left hand building

• Cleanout port raised above concrete pad with a lightweight manhole cover, the finish height of the cleanout port is 8-10” above the concrete pad

• Door opener double pull with a slide lock

• Lockset shall have a lever handle on both inside and out, and an emergency slot on the exterior handle so that the door can be unlocked from the outside with a coin, flat screwdriver or similar tool. Sliding bolts will not be accepted.

• Utilization of Sweet Smelling Technology (SST) as outlined by Briar Cook

• Sloped vault bottom, sloped towards the cleanout port

• Interior floor of the bathroom area slopes towards the entry door with minimum 1% and maximum 2% slope.

• Roof pitched so door is not under a drip line

• Epoxy floor coating with slip resistant finish

• General colors of tan/light brown and gray as approved

• Roof textured similar to cedar shake pattern

• Room vent located on the windward side of the bathroom

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

C.4 – Biobased Products

1) The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the FAR to provide biobased products.

2) The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

3) The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

4) The Contractor shall utilize products and materials made from biobased materials (e.g., insulating foam, composite panels, concrete or asphalt release fluids, etc.) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

5) The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all-inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulating foam

Concrete and asphalt release fluids Fluid-filled transformers

Wood and concrete sealers Composite panels

Adhesive and mastic removers Carpets

Roof coating Hydraulic fluid

Diesel fuel additives Greases

Dust suppressant 2-cycle engine oil

Absorbents

6) Biobased products that are designated for preferred procurement under United States Department of Agriculture (USDA)’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

7) In addition to the biobased products designated by the USDA in the BioPreferred Program, the Contractor is encouraged to use other commercially-available biobased products.

C.5 – Landscape Preservation (addendum to AGAR 452.236-74)

1) No foot traffic or movement of materials or equipment is allowed over uncompleted and/or unprotected portions of the trail.

Workers shall walk away from the trail centerline, dispersing their travel route, to avoid walking on uncompleted portions of the trail. The Contractor shall rehabilitate and/or revegetate sites where damage has occurred to native vegetation.

2) Waste motor oil, fuels, lubricants, bitumen, and/or other similar hydrocarbons shall be collected and returned to either the supplier or a recycling service licensed to collect these fluids/materials. They shall not be wasted, deposited, flushed, or let on the ground or buried.

3) The Contractor shall confine operations to within the clearing limits or other areas designated in the Contract and/or attachments as approved, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Materials which fall outside of these limits shall be retrieved, disposed of, or incorporated into the work as directed by the CO.

4) Prevention of Oil Spills – If the Contractor maintains storage facilities for oil, oil products, or other hydrocarbon substances on or within the project area/site, appropriate preventative measures shall be taken to ensure that any spill of such oil, oil products, or other hydrocarbon substances does not enter any stream or other waters of the United States, or that of any of the individual States.

5) If the total oil, oil products, or other hydrocarbons storage exceeds 1320 gallons, or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and submit to the CO a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet the applicable Environmental Protection Agency requirements (40 CFR 112) including certification by a registered professional engineer.

http://www.biopreferred.gov/

C.6 – Use of Premises (addendum to AGAR 452.236-72)

1) This area contains black and/or brown bear habitat, and is therefore, subject to frequent or infrequent travel and/or presence by these wild animals. They might be habituated to humans, and/or food-conditioned, which may pose a threat to Contractor personnel; it is the responsibility of the Contractor to ensure any personnel are “bear aware” and able to minimize impacts to these animals by securing attractants out of reach or attainment by the animal(s).

2) Sanitary Facilities: Unless provided otherwise, the Contractor shall provide and maintain the following facilities (if applicable):

a) Potable water supplies for drinking, washing, and cooking that comply with State of Alaska drinking water regulations (18

AAC 80).

b) Wastewater systems for domestic sewage that comply with State of Alaska wastewater disposal regulations (18 AAC 72).

c) Design, operation, and maintenance of all solid waste systems on lands under Forest Service jurisdiction meet all Federal, State, and local requirements. This includes, but is not limited to:

i) Federal regulations 40 CFR 243, 40 CFR 245, 40 CFR 257, 40 CFR 258, and;

ii) State regulations 18 AAC 60.

iii) Removal of all solid wastes and/or residues, with proper disposal at/in approved commercial landfills.

d) Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage, and the requirements of 33 CFR 150 and 33 CFR 154 for facilities involved with transferring oil or hazardous materials in bulk.

3) Do not begin any camp development at the project site/area, either land-based or water-based (floating), until a plan for development, occupation, and cleanup is submitted and approved by the CO. The plan shall include the following information at a minimum:

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

b) Wastewater system.

c) Number site users, and dates of occupancy.

d) Power supply system.

e) Water supply system.

f) Sewage and waste disposal systems plan.

g) Building layout, shop area, and living quarters.

h) Camp road and trail layout.

i) Clearing limits and slash disposal locations.

j) Material borrow areas.

k) Dock and access location (if water-based).

l) Equipment and fuel storage area, and SPCC plan.

m) Incinerator location and ash disposal plan.

n) Solid waste control plan (to prevent food/attractant conditioning of wild animals).

o) Helicopter operations plan.

p) Site restoration plan.

q) Fire prevention and control plan.

4) Do not leave temporary bridges in place between September 15 and March 15, unless approved in writing in advance by the

CO.

5) The CO will review the plan as submitted for completeness and applicability. Any necessary modifications to the Contractor’s plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated into a revised set of plans.

6) There are no known eagle nest trees in the vicinity of the project area, but if such trees are discovered, no disturbance will be allowed within 330 feet of the trees, and additional mitigation measures may be applied.

C.7 – Construction Stakes, Lines, and Grades The Government will mark the clearing limits around rock borrow sources on National Forest Land.

Perform all construction staking and grade establishment, except for the following item(s):

Additional staking required by, and installed by, the Contractor will be incidental to the construction of the pay item.

C.8 – Disposal of Waste Material The Contractor shall remove all waste material from the project areas, and dispose offsite unless otherwise specified in the contract.

C.9 – Emergency Control (addendum to AGAR 452.236-77)

1) Immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project areas which are caused by the Contractor’s employees, equipment, or through prosecution of the work, 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.

2) Contractor’s Responsibility for Controlling Other Emergencies – When requested by the CO, 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 or adopted by the Forest Service through partnership with the National Wildfire Coordinating Group (NWCG).

3) Firefighting equipment will be required during the fire season from May 10 through August 31, and during any other period of heightened fire danger designated by the CO.

4) The Contractor shall furnish rust-free fire tools to equip all workers employed in the Contractor’s operations at each separate work site. These tools shall be maintained in serviceable condition, and kept in one or more weather-tight fire tools boxes.

These boxes shall be painted red, marked “Tools for Fire Only” with letters at least 3” high, and kept sealed. Post a list of the contents inside each fire tool box so as to be visible when opened. Minimum required quantities and types of tools are described here:

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 16-20 Axe, d.b. chopping, 32” min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32” min. handle 2 3 7 10 File, 10” mill bastard 1 1 1 2 Pumps, backpack cans, 5-gal filled with water 1 2 2 3

5) 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 chainsaw, which is equipped with a screen arrester, as described in the Forest Service

Spark Arrester Guide;

c) A spark arrester, which does not meet the requirements in the guide may be approved upon submission of acceptable proof that the arrester is at least 80% 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;

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

e) 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 above, including spark arresters and mufflers.

6) 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:

a) 2 ½ pound size or larger dry chemical type;

b) 4 pound size or larger carbon dioxide type.

Test or check each extinguisher for proper function prior to the beginning of fire precautionary periods, and provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8oz. capacity by weight. Maintain the extinguisher in good working order at all times.

7) 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 CO. Submit written requests for burning to the CO at least 48 hours in advance of intended burning.

The CO will approve of routine camp refuse disposal incineration in the camp development plan described in H.4 above.

C.10 – 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 material borrow sites, quarries, stockpile sites, waste areas, campsites, equipment loading/unloading ramps and/or other approved work areas. The roads authorized for use will be subject to the following general conditions:

1) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of the American Association of

State Highway and Transportation Officials (AASHTO) HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and/or 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 the Specifications deemed a part of this contract.

2) The Government will not snowplow roads for the Contractor’s use. The Contractor may snowplow any road designated for their 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 prism or structures caused by snowplowing and/or snow removal operations.

Vehicles, other than conventional over-the-snow vehicles (i.e. snowmobiles/snowmachines), will not be permitted to use roads when there is an average of more than 4” of snow, unless the road has been snowplowed.

3) The Contractor is responsible for, and will perform road maintenance on, Forest Service roads in the construction area commensurate with their use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the CO. Such road maintenance requirements for existing roads shall be performed IAW 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, all of 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 eroded materials from fill slopes, and clean out drainage ditches and culverts subject to the above equipment limitations.

c) Deposit the material removed from slides or other sources in locations approved by the CO.

C.11 – Disposal of Merchantable Timber

1) All dead and down timber encountered during prosecution of this work that meets the Forest Service merchantability standards, and is logged during prosecution of this contract, remains the property of the Government. If logged, the Contractor must deck logs in the immediate vicinity IAW Section 201 of the FP-14.

2) Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece must be 6” in diameter inside brk at the small end, 12’ in length, and have either a net scale of 33 1/3% of its gross scale for a sawlog or produce not less than 50% of its gross volume in firm usable pulp chips.

3) Trim allowance must be a maximum of 12” for log lengths up to 40’. An additional 2” of trim will be allowed for each 10’ section of log length over 40’.

4) The Contractor must use the Humboldt undercut felling technique when felling merchantable timber. Buck all limbs flush with merchantable logs.

5) All dead trees which are sufficiently tall enough to reach the roadbed are designated for cutting. Fell other fire-dangerous dead trees or unstable trees within a 200’ slope distance of the center line of the road, when marked by the Forest Service. Treat all timber described in this subsection by meeting utilization standards IAW Specification 201 of the FP-14, unless relieved by the CO in writing.

6) Cut and use timber designated by the CO for construction, without charge.

C.12 – Water Crossings The Contractor must schedule and conduct bridge and instream work to avoid and/or minimize disturbance to streams. Specifically:

1) Do not cross streams or other waterways without CO approval.

2) Submit a written crossing plan to the CO for approval at least 14 calendar days before the creek crossing is planned. Two machine crossings will be permitted during the timing window for all waterways designated on the work list(s) as fish streams.

Outside of this time period, no machine crossings will be permitted. Crossing streams with Off Highway Vehicles (OHVs) for access to work sites is permitted without restrictions.

3) Limit machine crossings to two times for all live streams not designated on the work list(s) as fish streams with pipes 48” and larger diameter installed.

C.13 – Contractor Responsibility to Notify the Government The Contractor must notify the COR when leaving the project area for 3 or more days, and within 24 hours before returning to the project area.

C.14 – Product Substitution Requests

1) When submitted within 30 days after contract award, the CO will consider formal requests for substitution of products, equipment, and/or methods, in place of those specified. Requests submitted after 30 days of award will be considered only in case of product unavailability, or other conditions beyond the control of the Contractor. Requests must provide the information required by, and in the format specified by, 2) below.

2) Submit separate requests for each substitution. Support each request with the following:

a) Complete data substantiating compliance of proposed substitution item(s) with the requirements stated in contract documents:

i) Product identification, including manufacturer’s name and address;

ii) Manufacturer’s literature, identifying:

(1) Product description;

(2) Reference standards, and;

(3) Performance and test data.

iii) Samples, as applicable (see AGAR 452.236-76);

iv) Name and address of similar projects on which the substitution product has been used, and date of the installation;

v) Comparative data of item(s) to be deleted through substitution. Include drawings to the same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated;

vi) Show the complete system/assembly as revised to accommodate the proposed alternative for difference in performance, size, configuration, connection(s) service, accessibility, or any other signification characteristics;

vii) Show the complete layout of the system except that which is identical to contract documents, unless unchanged portion must be shown to indicate clearances, etc.;

viii) Include complete detail drawings of supports for all substitute equipment, and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

(1) Itemized comparison of the proposed substitution with product specified; list significant variations.

(2) Data relating to changes in construction schedule.

(3) Any effect of substitution on separate contracts.

(4) List of changes required in other work or products.

(5) Accurate cost data comparing proposed substitution with product specified.

(6) Proposed amount of change to the contract value.

(7) Designation of required license fees or royalties.

(8) Designation of availability of maintenance services, and/or sources of replacement materials.

3) Substitutions will not be considered for acceptance when:

a) They are merely indicated or implied on shop drawings, or product data submittals without a formal request received from the Contractor;

b) They are requested directly by a subcontractor or supplier;

c) Acceptance will require substantial revision of contract documents, or;

d) Substitution has not been requested IAW this and related contract clauses.

4) Substitute products must not be ordered or installed without written acceptance by the CO.

5) The CO will determine acceptability of proposed substitutions in consultation with other Government employees with knowledge of the project and/or product(s).

6) Number of Substitution Submittals: only one proposed alternative will be considered for each substituted item. The Contractor must provide the originally-specified item(s) if the substitution proposal is rejected.

C.15 – Contractor Substitution Request Representation and Responsibilities

1) In making a formal request for substitution of item(s), the Contractor represents that they:

a) Have investigated the product proposed to substitute the originally-specified item, and have determined that it is either equal to, or superior to, the original item in all respects to that originally-specified item;

b) Will provide the same or better warranties and bond(s) for the substitute as for the originally-specified item;

c) Will coordinate the installation of any accepted substitution into the work, and will make such changes as may be required for the work to be completed in all respects;

d) Will waive any and all claims for additional costs caused by substitution, which may not be readily apparent, and may become apparent only subsequently, and;

e) Cost data is complete and includes related costs under the contract, other than:

i) Costs under separate contracts, and;

ii) CO costs for redesign or revision of contract documents.

2) The Contractor assumes full responsibility that the substitution and/or alternate item(s) or procedure(s) will meet the job requirement(s).

3) The Contractor is solely responsible for the cost of redesign and modification(s) to this and other parts of the work caused by the substitution(s) or alternate item(s) furnished.

SECTION D – PACKAGING AND MARKING

D.1. – AGAR Clause(s) <Reserved>

D.2 – 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 and/or identify and awarded contract or project. The Government-issued contract number must be referenced on all official communication, including but not limited to emails, starting upon written notice of contract award.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 – FAR Clause(s) 52.246-12 Inspection of Construction (Aug 1996)

E.2 – AGAR Clause(s) 452.246-70 Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the construction site.

E.3 – Contractor’s Quality Control Plan

1) The Contractor shall provide a quality control plan, which is mutually agreed upon with the Contracting Officer. This plan shall describe the Contractor’s method for ensuring all work meets the contract requirements. At minimum, the Quality Control Plan shall outline how the quality of work will be monitored, how the work crew will be supervised, and who will perform the quality control function. The Contractor shall provide the Contracting Officer with documentation of quality control inspections upon request.

2) The Contractor shall, within 5 days from receipt of a request from the Contracting Officer, submit a progress schedule to complete all work ordered within the time required by the Period of Performance. If the Contractor falls behind schedule, the Contractor shall take such action as necessary to recover. The Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time stated in the Period of Performance.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – FAR Clause(s) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Fill In: (a)-…within 10 calendar days of receiving the Notice to Proceed…; (c)-…not later than 180 days after award.

52.242-14 Suspension of Work (Apr 1984) 52.242-17 Government Delay of Work (Apr 1984)

F.2 – AGAR Clause(s) 452.211-74 Period of Performance (Feb 1988) The period of performance of this contract is from date of award through 180 calendar days after award.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 – AGAR Clause(s) 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 amount of days after the date of contract award. The conference will be held at: teleconference, number to be determined.

G.2 – Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

1) 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://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.

2) 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 FS-6300-16.

3) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information, and a spreadsheet detailing the payment breakdown IAW the CLINs in the Schedule of Items, Section B (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.3 – Invoicing for Mobilization Mobilization includes movement of all personnel, equipment, and materials to the project site (under location of work as stated within the Statement of Work/Specifications below) that are necessary to complete the work. Invoices for mobilization will be paid at the contract price as stated in the Schedule of Supplies/Services.

When 5 percent of the original contract amount for other Items is earned through acceptance, then 50 percent of the Mobilization amount, or 5 percent of the original contract amount for other Items, whichever is less, will be paid.

When 10 percent of the original contract amount for other Items is earned through acceptance, then 100 percent of the Mobilization amount, or 10 percent of the original contract amount for other Items, whichever is less, will be paid.

Any remaining portion of the Mobilization amount will be paid after final acceptance and invoicing.

https://ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

G.4 – Invoice Progress Payment Certification IAW FAR 52.232-5 Payments Under Fixed Price Construction Contracts, along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made (however, if the Contractor elects to delete paragraph (4) from the certification, the certification is still acceptable):

I hereby certify, to the best of my knowledge and belief, that –

(1) The amounts requested are only for performance IAW the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, IAW subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier IAW the term and conditions of the subcontract, and;

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

Name and Signature Title Date

G.5 – Contract Administration Personnel

1) This contract will be administered by the Administrative Contracting Officer (ACO)located at:

Alaska Region, Acquisition Management Attn: Jon Gellings PO Box 21628 Juneau, AK 99802

2) All matters related to the performance of this contract shall be coordinated through the Contracting Officer (CO).

G.6 – Designation of Contracting Officer’s Representative (COR)

1) The CO designates the COR. The COR 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 and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO prior to completion of the contract.

2) The CO 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 COR provided that they do not affect the delivery schedule or performance period stated in the contract).

3) On all matters that pertain to the contract terms and conditions, the contractor must communicate with the CO. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR.

If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time and circumstance permit. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim IAW FAR 52.233-1 Disputes.

G.7 – 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 will be able to understand, read, and speak the English language. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the CO. Such a designation shall clearly indicate the name and limitation(s) (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting called for in AGAR 452.215-73, the representative is strongly encouraged to attend that meeting.

G.8 – Worker’s Compensation Laws Alaska state law requires that most employers have Worker’s Compensation Insurance for their employees. The Forest Service furnishes contract award information to the Alaska Department of Labor. Failure to comply with the state worker’s compensation laws can be a felony offense in Alaska. For the definitions of “employer,” “employee,” and subcontractor,” rates of compensation, and other pertinent information, contact:

Alaska Department of Labor Workers Compensation Division

Special Investigations Unit PO Box 115512

Juneau, AK 99802-5521

(907) 465-5875

1-888-372-8330 (toll free), (907) 465-2797 (FAX)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 – FAR Clause(s) <Reserved>

H.2 – AGAR Clause(s) <Reserved>

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): www.acquisition.gov http://farsite.hill.af.mil https://www.dm.usda.gov/procurement/policy/agar.htm 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (Jan 2020) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.219-28 Post-Award Small Business Program Rerepresentation (May 2020) 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) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.223-2 Affirmative Procurement of Bio-based products under Service and Construction Contracts (Sep 2013) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) http://www.acquisition.gov/ http://farsite.hill.af.mil/ https://www.dm.usda.gov/procurement/policy/agar.htm

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.

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

“Cost of components means”-

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

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

“Domestic construction material” means-

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

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

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

(ii) The construction material is a COTS item.

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

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

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

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

___________________<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…