12010920R0001 Stream Crossing Improvements RFP.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)

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

See Body of SF-1442

MARI MEINERS 907-586-8746

1x 11/25/2019

12010920R0001

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

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

01/22/2020

NSN 7540-01-155-3212

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

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 63

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920R0001

This is a request for proposals using the processes and techniques found in FAR Subpart 15

Contracting by Negotiation. This requirement is for the Construction of Stream Crossing

Improvements for the US Forest Service Tongass

National Forest throughout Southeast Alaska.

Projects may be located within any of the

Southeast Alaska Ranger Districts including

Thorne Bay, Craig, Ketchikan Misty Fjords, Wrangell, Juneau, Petersburg, Hoonah, Sitka and

Yakutat.

As a result of this solicitation, the government will award an

Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract to all qualified offerors meeting the minimum requirements stated herein. Offerors who fail, in their proposal, to show they meet the requirements as they relate to the evaluation factors and procedures may not be eligible for award of a contract.

Offerors are hereby notified their SAM account must be active at the date and time set for receipt of proposals to be considered. Offerors whose SAM account is not active at the date and time proposals are due will not have their proposals evaluated and will not be considered.

Questions may be submitted in writing to one of the following individuals:

michael.t.mccarthy@usda.gov stacy.doutt@usda.gov mari.meiners@usda.gov

To assist the government in answering your question, please provide the solicitation section number/page, drawing set sheet number, supplemental specification section number/page, etc.

Block 8 Address Offers to:

For USPS Mail:

US Forest Service

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 63

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920R0001

Acquisition Management

Solicitation #12010920R0001

PO Box 21628

Juneau, AK 99802

For DHL/UPS/FedEx/Courier/Hand Delivery:

Acquisition Management

Solicitation #12010920R0001

709 W. 9th Street

5th Floor Mailroom

Juneau, AK 99801

Block 11 Period of Performance: Contracts will have a three (3) year ordering period with an option to extend the ordering period for two (2) years. Periods of performance for individual tasks will be defined at the task order level.

Block 12 Performance and Payment Bonds: The requirement for performance and payment bonds will be defined at the task order level.

Block 13 Offer Guarantee: The requirement for an offer guarantee will be defined at the task order level.

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

IDIQ AQUATIC ORGANISM PASSAGE (AOP) CONSTRUCTION

US FOREST SERVICE – REGION 10 – ALASKA

PART I—THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 TOTAL NUMBER OF BASE CONTRACTS

B-2 RESPONSE TIME FOR INDIVIDUAL TASK ANNOUNCEMENTS

B-3 SCHEDULE

B-4 AGAR 452.216-74 CEILING PRICE (FEB 1988)

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 SCOPE OF CONTRACT

C-2 INDIVIDUAL PROJECT LOCATIONS

C-3 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

C-4 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

C-5 FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

(FP-14) 7

C-6 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

C-7 TERMINOLOGY/DEFINITIONS

C-8 BIOBASED PRODUCTS

SECTION D—PACKAGING AND MARKING

SECTION E—INSPECTION AND ACCEPTANCE

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

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

E-4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

SECTION F—DELIVERIES OR PERFORMANCE

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

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

F-3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F-4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

SECTION G—CONTRACT ADMINISTRATION DATA

G-1 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND AWARDING TASK ORDERS

G-2 ADMINISTRATION OF INDIVIDUAL TASK ORDERS

G-3 TASK ORDER ADMINISTRATION

G-4 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

G-5 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

G-6 TASK ORDER OMBUDSMAN / COMPETITION ADVOCATE

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H-1 - SPECIAL CONTRACT REQUIREMENT CONCERNING IDIQ MINIMUM OF $2,500

H-1 WAGE DETERMINATION DECISION

H-2 PAYMENTS FOR INCIDENTAL ITEMS

H-3 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

H-4 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

H-5 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

H-6 RESERVED

H-7 PRODUCT SUBSTITUTION

H-8 STORAGE AND STOCKPILING OF MATERIALS

H-9 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

H-10 LOCAL DISPOSAL SITES

H-11 INDUSTRIAL CAMPS

H-12 RESERVED

H-13 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

H-14 SALVAGE RIGHTS

H-15 EXCAVATION

H-16 MATERIAL SOURCES / DISPOSAL

H-17 BLASTING

H-18 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS

H-19 CONSTRUCTION STAKES, LINES AND GRADES

H-20 SUBMITTALS

H-21 HAZARDOUS CONDITIONS SAFETY PLAN

H-22 VALUE ENGINEERING

H-23 RESERVED

H-24 RESERVED

H-25 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

H-26 MOISTURE SENSTIVE SOILS

H-27 SPECIAL BLASTING TECHNIQUES

H-28 PROTECTION OF CULTURAL RESOURCES

H-29 PROTECTION OF HABITAT OF ENDANGERED, THREATENED AND SENSITIVE SPECIES

H-30 ROAD MAINTENANCE REQUIREMENTS

H-31 TRAFFIC CONTROL

H-32 LANDSCAPE PRESERVATION

H-33 CONTRACTOR'S USE OF EXISTING ROADS

H-34 LOAD LIMITS

PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

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

I-2 FAR 52.216-18 ORDERING (OCT 1995)

I-3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I-4 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I-5 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

I-6 FAR 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019) I-7 FAR 52.228-1 BID GUARANTEE (SEP 1996) (APPLICABLE TO INDIVIDUAL PROJECT TASK ORDERS OVER $150,000) I-8 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000) (APPLICABLE TO INDIVIDUAL PROJECT TASK ORDERS

BETWEEN $35,000 BUT LESS THAN $150,000)

I-9 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I-10 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

I-11 RETURN OF PERFORMANCE AND PAYMENT BONDS

I-12 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

I-13 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

SECTION J—LIST OF ATTACHMENTS

J-1 LIST OF ATTACHMENTS (REQUIRED FOR INITIAL SOLICITATION ADVERTISEMENT)

THE FOLLOWING IS A SAMPLE LIST OF ATTACHMENTS TO BE PROVIDED AT THE INDIVIDUAL TASK ORDER LEVEL

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

K-2 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

K-3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

K-4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K-5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K-6 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

K-7 FAR 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

K-8 SITE VISIT

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION L—INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L-2 FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

L-3 FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

L-4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L-5 FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L-6 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) L-7 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L-8 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

L-9 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L-10 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L-11 REQUEST FOR PROPOSAL SUBMISSION REQUIREMENTS

L-12 AGAR 452.215-72 AMENDMENTS TO PROPOSALS (FEB 1988)

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION M—EVALUATION FACTORS FOR AWARD

M-1 EVALUATION OF PROPOSALS

M-2 EVALUATION PROCEDURES / AWARD DETERMINATION

IDIQ AQUATIC ORGANISM PASSAGE (AOP) CONSTRUCTION

US FOREST SERVICE – REGION 10 – ALASKA

PART I—THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 TOTAL NUMBER OF BASE CONTRACTS

The Government anticipates awarding multiple Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts for the Tongass National Forest. Award will be made to all qualified offerors.

B-2 RESPONSE TIME FOR INDIVIDUAL TASK ANNOUNCEMENTS

Response times for Individual Task announcements will vary based on need.

B-3 SCHEDULE

a) This is an IDIQ contract for a base ordering period of three (3) years, with an option to extend the ordering period for an additional two (2) years.

b) The guaranteed minimum amount for each awarded contract is $2,500 over the life of the contract(s).

c) The aggregate maximum amount for all awarded task orders is $7,000,000.00.

d) The ordering period establishes date limits for the issuance of Individual Project Task Orders. Actual performance periods for completion of work included in the task orders may extend beyond the IDIQ Ordering Period as specified in individual Task Orders.

B-4 AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $7,000,000.00. The contractor(s) shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.

Additional Vendor Information For Contract Administration Purposes Information will be moved to Section G at award

Point of Contact: Phone:

Vendor Name: Fax:

E-mail: DUNS:

SAM Account Expiration Date:

CLIN Job Description/Classification Hourly Rate Ceiling*

Labor Only 0001 Labor and Other Direct Costs

0001AA Owner/Operator $ 0001AB Project Superintendent $ 0001AC Laborer Group 1 $ 0001AD Laborer Group 2 $ 0001AE Laboror Group 3 $ 0001AF Laboror Group 3A $ 0001AG Laboror Group 3B $ 0001AH Power Equipment Operator Group 1 $ 0001AI Power Equipment Operator Group 1A $ 0001AJ Power Equipment Operator Group 2 $ 0001AK Power Equipment Operator Group 3 $ 0001AL Power Equipment Operator Group 4 $

0001AM Welder $ 0001AN Contractor Fill-In $ 0001AO Contractor Fill-In $ 0001AP Contractor Fill-In $ 0001AQ Contractor Fill-In $

0001AR

Other Direct Costs - material, equipment, mobilization/de-mobilization (except as otherwise specified), to perform the Statement of Work/Specifications.

IDIQ Section B - Schedule of Supplies/Services

To be priced at the task order level Do not enter any information here

*Hourly rates for labor shall include wages and fringe that comply with rates contained in the applicable wage determination along with all indirect costs (including profit and overhead) associated with labor.

0002 Equipment with Operator Hourly Rate Ceiling**

0002AA

Medium-sized track-mounted hydraulic excavator (Caterpillar 325, John Deere 300G, Komatsu PC290LC, or equivalent) with operator

0002AB

Compact track-mounted hydraulic excavator (Caterpillar 311F, John Deere 130G, Komatsu PC170LC, or equivalent) with operator

0002AC

Wheel loader (Caterpillar 926M, John Deere 444K, Komatsu WA200, or equivalent) with operator $

0002AD 10-yard dump truck with operator $

0002AE

Other Direct Costs - material, equipment, mobilization/de-mobilization (except as otherwise specified), to perform the Statement of Work/Specifications.

**Hourly rates for equipment with operator shall include all costs associated with one hour of equipment rental including a qualified operator.

Hourly rates do not include Other Direct Costs such as mobilization/demobilization and contractor furnished materials

Line item pricing in response to task announcements may not be calculated using hourly rates that exceed the maximum in the contract.

To be priced at the task order level Do not enter any information here

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 SCOPE OF CONTRACT

This is an IDIQ contract for Stream Crossing/Aquatic Organism Passage (AOP) Improvements within the Tongass National Forest. Specific projects will be identified in Individual Task Orders.

Individual projects will be packaged with the project-specific details that may supplement the standard specifications and terms of this basic contract. These individual project requirements may include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits, and other detailed requirements applicable to the specific individual project.

Individual Task Orders will include major work items, such as:

1. The purchase of materials needed to meet engineering specifications,

2. Removal of existing structures and fill,

3. Dewatering the construction zone so that work is not occurring in an active stream,

4. Placement of new structure(s) (culvert or bridge) based on government approved specifications,

5. Reconstruction of engineered stream bed, stream banks, and placement of key rocks,

6. Cast-in-place concrete work,

7. Placement of fill, crushed rock, and road surfacing,

8. Implementation and maintenance of an erosion control plan and site revegetation,

9. Minor or incidental road/trail maintenance proximate/close to primary work site.

Special Consideration: Work may be limited by allowable in-stream operation timelines typically between the months of June and September. Dates may vary based on the specific project and will be detailed in individual Task Orders.

Bonding requirements will be stated with each task order and will apply only to that specific task order.

The contract incorporates the USDOT, Federal Highway Administration’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14). These specifications are available online at:

FP-14 http://flh.fhwa.dot.gov/resources/specs/

The contract also incorporates best management practices and additional requirements, including the following:

A. AISC Steel Construction Manual – 14th edition can be downloaded from the ASCE Library Home Page on the Internet at:

https://www.aisc.org/products/publication/manuals/steel-construction-manual-14th-ed.-fourth-printing-print/#.WoTdjYPwZ6s http://flh.fhwa.dot.gov/resources/specs/ https://www.aisc.org/products/publication/manuals/steel-construction-manual-14th-ed.-fourth-printing-print/#.WoTdjYPwZ6s https://www.aisc.org/products/publication/manuals/steel-construction-manual-14th-ed.-fourth-printing-print/#.WoTdjYPwZ6s

B. BEST MANAGEMENT PRACTICES (BMP’s) Soil and Water Conservation Handbook FSH 2509.22 can be found at:

http://www.fs.usda.gov/detail/r10/landmanagement/?cid=fsbdev2_038796

C. The National BMP Handbook can be found at:

http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf

This is an indefinite delivery, indefinite quantity (IDIQ) contract, allowing specific projects to be added via Individual Project Task Orders as they are developed. Individual projects will be packaged with the project-specific details that supplement the standard specifications and terms of this basic contract. These individual project requirements will include a project specific schedule of items, special or supplemental project specifications, drawings, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits, and other detailed requirements applicable to the specific individual project.

The basis for award of Individual Project Task Orders may vary depending upon the goals and objectives for each task order. The basis of award will be described in the task order Request for Proposal (RFP). Examples of a basis for award are:

• The task order award will be based on price only; or

• The task order will be awarded to the contractor offering the best value to the government, considering both price and non-price factors. The government reserves the right to accept other than the lowest price offered.

If a fair and reasonable price is not reached through the individual project proposal process, that individual project may be withdrawn for acquisition separate from this contract. Pricing of individual projects will be Firm- Fixed-Price (FFP), Time-and-Materials (T&M) or Labor-Hour (LH).

Bonding requirements will be stated with each task order and will apply only to that specific project task order.

C-2 INDIVIDUAL PROJECT LOCATIONS

The Ranger District Locations (RDL) covered by this contract include the following:

RDL 1: Juneau RDL 2: Hoonah RDL 3: Sitka RDL 4: Craig/Thorne Bay (POW) RDL 5: Ketchikan-Misty Fjords RDL 6: Wrangell RDL 7: Petersburg RDL 8: Yakutat http://www.fs.usda.gov/detail/r10/landmanagement/?cid=fsbdev2_038796 http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf

C-3 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J of Individual Task Orders.

C-4 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C-5 FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS

AND BRIDGES (FP-14)

The Federal Highway Administration’s Standard Specifications for 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. Delete any reference to Department of Transportation Acquisition Regulations (TAR) wherever shown.

C-6 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

Project specific Specifications will be identified in individual Task Orders. Unless identified otherwise, the standard specifications in Section J apply to all Task Order(s). All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C-7 TERMINOLOGY/DEFINITIONS

The term “Owner,” when used in the contract documents, shall refer to the Federal Government (USDA Forest Service).

The term “IDIQ” refers to the contract type indefinite delivery, indefinite quantity. This term applies to the initial base contracts awarded to multiple offerors from which individual task orders will be issued.

The “TO” refers to any Task Order issued under the provisions of this base contract.

The “CO” refers to the Forest Service Contracting Officer, who shall have purview over the base IDIQ contract intent, terms, conditions, and applicability of any Federal or agency regulations regarding performance of these work requirements. There may be a different CO responsible for each Task Order.

The “COR” refers to the Forest Service Contracting Officer’s Representative, who is responsible for administering the performance of work under this contract or individual Task Orders. CORs will be designated in writing.

The term “pay items” means billable items of the job.

C-8 BIOBASED PRODUCTS

a) The Contractor must comply with USDAs BioPreferred Program. The BioPreferred Program website is located here:

www.biopreferred.gov

b) To the extent required by the BioPreferred Program, the Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) 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.

c) 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

• Concrete and asphalt release fluids

• Wood and concrete sealers

• Adhesive and mastic removers

• Roof coating

• Diesel fuel additives

• Dust suppressant

• Absorbents

• Insulation foam

• Fluid-filled transformers

• Composite panels

• Carpets

• Hydraulic fluid

• Greases

d) Biobased products that are designated for preferred procurement under 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.

e) In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred

Program, the Contractor is encouraged to use other commercially available biobased products.

http://www.biopreferred.gov/ http://www.biopreferred.gov/

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 shall be referenced by the contractor on all official communications to the government, e.g. letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award.

Note: The solicitation number will have an “R” for the solicitation indicator in the number. Contracts will have a similar number format but will have a “D” in place of the “R.” Individual Task Orders will have an “F” in place of the “D.”

For example, Solicitation: 12010920R0001 IDIQ Contract: 12010920D0001 (each IDIQ contract holder will have a unique contract number) Task Order: 12010920F0001 (each task order will have a unique task order number)

SECTION E—INSPECTION AND ACCEPTANCE

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

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

https://www.acquisition.gov/?q=browsefar https://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-6 Inspection—Time-and-Material and Labor-Hour (MAY 2001) 52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (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 project site(s).

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the contractor by the Forest Service specifications or elsewhere herein. This does not relieve the contractor of completing contractor quality control work.

E-4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SECTION F—DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is three (3) years from date of award, with an option to extend for an additional two (2) year period.

F-3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The contractor shall be required to (a) commence work under this contract within [ * ] 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 [ * ]. The time stated for completion shall include final cleanup of the premises.

* To be established at the Individual Task Order level.

F-4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The contracting officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

a) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include, but not be limited to, instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

b) Fire conditions – to be added in a solicitation amendment.

SECTION G—CONTRACT ADMINISTRATION DATA

G-1 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND AWARDING TASK ORDERS

a) Award of Individual Task Orders shall follow the process described herein.

b) Individual Task Orders. Following award of the IDIQ base contracts, the government will provide each IDIQ contractor with a fair opportunity to be considered for each Individual Task Order as outlined under FAR 16.505(b)(1), unless an exception applies.

Individual task announcements will be provided to the IDIQ contractors, with a specified response date and time. Questions related to the project shall be submitted to the issuing task order contracting officer.

Submission of written questions may be required. Responses to individual task announcements may require only a price proposal or may also require submission of a technical proposal.

c) Award of Task Orders. A written award mailed to or otherwise provided to the IDIQ contractor shall result in a binding Task Order.

d) Pricing of Task Orders. The hourly rates established during contract award will form the basis for contractors to respond to task orders. See Example Project #1, Sheet 2, Schedule of Quantities to see an example of task order line item descriptions.

e) No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

f) Bonding of Individual Projects. Bonding requirements apply separately to each Task Order based on the anticipated dollar value.

THRESHOLDS REQUIRED BONDING

Individual Task Order amounts less than $35,000.00 No bid guarantee is required.

No bonding is required.

Individual Task Order amounts between $35,000.00 and $150,000.00 Refer to FAR 52.228-13 (included in full text in Section I)

No bid guarantee is required.

Alternate Payment Protection is required:

100% Payment Bond or 100% Deposit [authorized check/MO]

Individual Task Order amounts greater than $150,000.00 Refer to FAR 52.228-1 (included in full text in Section I) Refer to FAR 52.228-15 (incorporated by reference in Section I)

20% bid guarantee is required.

100% Payment Bond is required.

–AND–

100% Performance Bond is required.

g) Individual Task Orders Types. Task Orders will predominantly be Firm-Fixed-Price (FFP). Only on an as needed basis will there be Time-And-Materials (T&M) or a hybrid of these contract types.

h) Authorized Officials to Place Orders. Any warranted contracting officer with proper delegated authority within the USDA Forest Service.

G-2 ADMINISTRATION OF INDIVIDUAL TASK ORDERS

a) Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Task Orders placed under the contract, as if each Individual Task Order were a separate contract. For example, the clause FAR 52.232-5 - Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed voucher, and (3) a release of claims. All three of these final payment conditions shall apply to each Individual Task Order. As another example, the clause FAR 52.228-15 Performance and Payment Bonds – Construction states “Original contract price means the award price of the contract…” The term “Individual Task Order” is substituted in like meaning and effect for “contract” in this clause.

b) Each Individual Task Order is separable to the extent that it will be initiated, performed, administered, completed and closed independently. For example:

1) Individual Task Orders may have separate contracting officers, contracting officer’s representatives and inspectors.

2) Individual Task Orders will have unique performance terms and notices to proceed.

3) Individual Task Orders will require separate submittals, unless otherwise noted.

4) Individual Task Orders will have separate payments.

G-3 TASK ORDER ADMINISTRATION

The Contract Specialist (CS)/Contracting Officer (CO) who issues each task order shall be responsible for fund obligation and payment processing at the Individual Task Order level.

G-4 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual task announcements and award process and to Individual Task Orders. The term “bidder” shall be construed to mean “offeror.”

G-5 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

a) The Contracting Officer’s Representative (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 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 assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

b) On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the

Contracting Officer. 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 Contracting Officer should be notified immediately, preferably in writing. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-6 TASK ORDER OMBUDSMAN / COMPETITION ADVOCATE

In accordance with FAR 16.505(b)(6), no protest under FAR subpart 33.1 is authorized in connection with Contracting Officer decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman shall be forwarded to:

Branch Chief, Procurement Policy Branch USFS Acquisition Management SM.FS.WOProcPolicy@usda.gov

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H-1 - SPECIAL CONTRACT REQUIREMENT CONCERNING IDIQ MINIMUM OF $2,500

Each contractor shall be entitled to a minimum of $2,500. To the extent the Contractor has won an award under any “fair opportunity” Task Order competition, the minimum shall be covered by said Task Order. In the event an Offeror does not win a Task Order within the first year of the established IDIQ period of performance, the minimum of $2,500 shall be accomplished with a Task Order for a Forest Service need within the Ranger District locations within the Tongass National Forest Ranger District outlined in the table below. In selecting the Ranger District locations, it should be understood that mobilization costs shall not be included in any separate Task Order for work authorized to cover the $2,500 minimum.

Locations are as follows:

Ranger Districts Ranger Districts

Areas for Offeror’s Minimum Work Task Order

Chosen Location 1 Juneau

To be completed at time of proposal submission by each Offeror

2 Hoonah 3 Sitka 4 Craig/Thorne Bay (POW) 5 Ketchikan-Misty Fjords 6 Wrangell 7 Petersburg 8 Yakutat

Note: The Government will choose a project site within a location from the Ranger District locations above which have been chosen by the Contractor at time of Proposal submission. Based on the locations in the table above that the Contractor has selected, the Government will order the work to cover the $2,500 minimum. The Contractor shall select a district location they believe they can best satisfy the $2,500 work.

H-1 WAGE DETERMINATION DECISION

The general wage determination attached to the solicitation is applicable to this IDIQ contract. Revised wage determinations will be incorporated at the Individual Task Order level, as required.

H-2 PAYMENTS FOR INCIDENTAL ITEMS

This contract requires complete construction of the project described. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, personal protective equipment, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those contract line items included in the Schedule of Items. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.

H-3 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the contractor, may, at the discretion of the contracting officer, be included in progress payments. Prior to payment, such material will be subject to government inspection and shall be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the contractor shall furnish the government with a right of ingress and egress to the property together with right of removal.

H-4 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

Premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract shall be included in the total contract amount. Any payment to the contractor for the cost of bonds shall be made in accordance with FAR 52.232-5 and refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums, as used in this paragraph and FAR 52.232-5, shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-5 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

Performance and payment security furnished under this contract shall be retained by the government for a minimum period after acceptance of all work under the contract, including any warranty period. Performance and payment security other than corporate or individual surety bonds will be returned to the contractor after this period if no claims against these bonds have been filed at that time. For contracts subject to the Miller Act this minimum period is one year.

H-6 RESERVED

H-7 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including government-furnished property) made necessary because of a substitution, will be the responsibility of the contractor without adjustment in contract price or time. The contracting officer's approval of any substitute will not affect the contractor's responsibility for such modification. Any and all substitutions will be requested by the contractor after award has been made. No approvals will be made prior to award.

H-8 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein) and approved by the Forest Service may be used for storage purposes and for the placing of contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the contractor's expense.

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-9 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

a) The contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the contracting officer. The contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

1) Wash water or waste from concrete, aggregate or other 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.

2) Mechanized equipment shall not be operated in live streams without written approval by the contracting officer.

c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the contracting officer. The contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the contracting officer and other appropriate agencies.

2) At all on-site work areas (including contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities.

These locations will be reviewed by the contracting officer or representative. When deemed appropriate;

additional planned preventive measures shall be established for review by the contracting officer or representative.

3) The contractor, acting independently, shall immediately take action to notify the appropriate agencies including the contracting officer, and to contain and clean up, without expense to the government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the contractor's employees, directly or indirectly. The contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the government determines that additional resources beyond those of the contractor is required, the contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the government for the containment and clean-up of petroleum products or other hazardous substance releases caused by contractor's employees or resulting from or related to construction operations.

4) The contractor shall notify the contracting officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-10 LOCAL DISPOSAL SITES

Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of off National Forest Service Land, unless other disposal means are authorized in individual Task Orders.

H-11 INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the contractor through the contracting officer. Such permission, if granted, will be without charge to the contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-12 RESERVED

H-13 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

a) The contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

b) The contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

H-14 SALVAGE RIGHTS

No contractor salvage rights exist under the base IDIQ contract unless specifically authorized at the Task Order level.

H-15 EXCAVATION

All excavation is non-classified unless specifically stated otherwise at the Task Order level.

H-16 MATERIAL SOURCES / DISPOSAL

Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed. Borrow sources are identified on the plans or elsewhere herein if made available by the government. If alternate borrow sources are needed, they shall be approved in advance by the COR. Such borrow sources shall be restored to a natural appearance. Disposal areas shown on the plans are for clearing, grubbing, and excavation materials only.

No man-made products shall be placed in disposal areas unless approved in advance by the contracting officer.

H-17 BLASTING

The contractor shall comply with State and Federal laws with regards to transportation, storage, and use of explosives.