12010920R0008_Anan_Observatory_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)

990042

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

Jonathan Gellings jonathan.gellings@usda.gov

JONATHAN GELLINGS 907-586-7836

1x 07/10/2020

12010920R0008

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.)

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10 and 452.211-74

08/11/2020

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

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

12010920R0008

This solicitation and resulting contract are for reconstruction of the Anan Observatory near the town of Wrangell, Alaska. The following information contained in the solicitation are highlighted:

1. Magnitude of Construction: between $1,000,000 and $2,000,000

2. Bonds: A bid guarantee is required. Submit an electronic copy of your bid guarantee with your quote and mail the original bond via the US

Postal Service to arrive NLT the date and time set for receipt of proposals to:

US Forest Service

Attn: Mari Meiners

PO Box 21628

Juneau, AK 99802

After award, Performance and Payment bonds are required. Due to access restrictions and personnel availability in the Juneau Federal

Building, original bonds may only be mailed through the U.S. Postal Service at this time.

Mark the outside of the envelope with the solicitation number and the words "Bid Bond -

Attn: Jon Gellings"

3. Pre-Proposal Conference: A pre-proposal teleconference is scheduled for Wednesday, July 22, 2020 at 10:30 a.m. Alaska Time. See Section L, 452.237-71 of the solicitation for more information. Interested parties are asked to read through the solicitations, including the attachments, and submit questions NLT Monday July 20, 2020 to be answered during the teleconference. Questions can be emailed to jonathan.gellings@usda.gov and mari.meiners@usda.gov. All questions and answers will be published with the notice on beta.sam.gov.

4. Proposal Due Date: Proposals are due no later than 1:00 p.m., Tuesday August 11, 2020, via email, to jon.gellings@usda.gov. Proposals will be evaluated based on the four (4) evaluation factors contained in the solicitation (see 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 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920R0008 sections L and M). Be sure to follow the

Instructions to Offerors contained in 52.215-1.

Failure to address all of the evaluation factors or failure to follow any of the instructions contained in the solicitation may cause your proposal to be evaluated unfavorably.

5. System for Award Management: Offerors must have an active SAM account at the time proposals are due. An Offeror whose SAM account is inactive at the time proposals are due is not eligible for award, and there is no waiver of this requirement.

6. Questions: Submit questions to Jonathan

Gellings (jonathan.gellings@usda.gov) or Mari

Meiners (mari.meiners@usda.gov).

Delivery: 06/01/2021

Delivery Location Code: 0114

USDA FOREST SERVICE

TONGASS NF SITKA OFFICE

2108 HALIBUT POINT

SITKA AK 99835 US

FOB: Destination

0001 Anan Wildlife Observatory Reconstruction

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

Sponsored by GSA

FAR (48 CFR) 53.110

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 Observatory Reconstruction

0001AA Mobilization 1 LS $ $ 0001AB Reconstruction of Anan Wildlife Observatory, including all work on the drawings and specifications, excluding Option Items

1 LS $ $

Total Item(s) 0001: $ 1001 Option Item 1: Power and Communication and Video Systems

1001AA Furnish and Install all power, communication, and video systems

1 LS $ $

Total Item(s) 1001: $ 1002 Option Item 2: Three-Sided Trailhead Structure Relocation

1002AA Reconstruct the trailhead shelter at the Anan Bay Recreation Cabin

1 LS $ $

Total Item(s) 1002: $ 1003 Option Item 3: Spiral Staircase Alternative Screen Pattern

1003AA Furnish and Install alternative staircase screen material and pattern

1 LS $ $

Total Item(s) 1003: $

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 $1,000,000 and $2,000,000.

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

4) Payment for bond premiums in accordance with (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.

5) 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 Wrangell Ranger District involving reconstruction of the Anan Wildlife Observatory facilities. The work generally includes the demolition and reconstruction of the Observatory.

Base Item work includes the demolition and removal of the existing timber observation decks and stair structures, including footings, and portion of the aggregate trail; relocation of the existing timber observation structure and outhouse structure;

construction of new aggregate trail, new observation decks, spiral staircase, footings and structural elements, new timber shelter and restroom structure, and signs; and other miscellaneous work.

Option Item work includes installation of new electronic equipment including audio/visual equipment and solar power equipment, trail structure rebuilding, and staircase screening alternative material installation.

The Contractor shall furnish all labor, materials, equipment, supervision and transportation to perform all work listed on the schedule of supplies/services as ordered.

C.2 – Project Description and Location

1) Description: The site is an active bear area in a remote location without communications. Coordinate all Work with the Government to minimize impacts to bears including, but not limited to, minimizing areas of site access and staging, minimizing noise and operations, and minimizing restrictions to bear movement along existing game trails.

It is the Contractor’s responsibility to protect human life and bears from conflicts including potential attacks during construction.

The site is adjacent to an anadromous stream, Anan Creek, and the Work includes in-stream construction. Protect the Creek from all impacts related to construction. Minimize impacts or potential harm to the Creek and surrounding environment.

The site and work are located on and adjacent to a steep cliff face.

2) Location and Facilities: Anan Wildlife Observatory is located about 30 air miles southeast of Wrangell, AK at lat/long 56.183,

131.890. There are no utilities at the project site. Cell phone service is not available in the vicinity of the project site. The nearest full-service city is Wrangell. See Section J for vicinity map.

3) Access to Construction Site: Anan Bay is typically accessed by a 90-minute boat ride from Wrangell, or 35-minute float plane flights. From Anan Bay, the Observatory is accessed via an approximately ½ mile trail along the forest edge.

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 Furnished Equipment, Materials, and/or Information: The Government will provide the following items at the location(s) described. The Contractor is responsible for transportation of these items to the project site, and for safe handling and storage prior to use in construction. Materials not incorporated into the work will remain the property of the Government.

The following existing on-site Government property will be carefully salvaged and reinstalled for this project:

• Timber observation structure, including associated sign

• Outhouse structure

• Signage inside existing trailhead shelter

• Trailhead shelter (if Option Item 1002 is awarded)

• Grass seed mix

C.3 – Technical Specifications

1) The technical specifications and construction drawings are included as attachment in Section J.

2) Reference Specifications, Codes, And Standards

(a) Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to or exceed the requirements of applicable codes and the applicable requirements of the following documents.

(b) References herein to "Building Code" or "International Building Code" shall mean International Building Code of the International Code Council (ICC).

(c) Similarly, references to "Mechanical Code," "Plumbing Code," or "Fire Code," shall mean International Mechanical Code, International Plumbing Code and International Fire Code of the ICC. "Electric Code" or "National Electric Code (NEC)" shall mean the NEC of the National Fire Protection Association (NFPA). The latest edition of the codes as approved by the City of Wrangell and State of Alaska and used by the local agency as of the date that the Work is solicited, as adopted by the agency having jurisdiction, shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto.

(d) In case of conflict between codes, reference standards, Drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the CO for clarification and directions prior to ordering or providing any materials or furnishing labor. The Contractor shall bid for the most stringent requirements.

(e) The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein.

(f) References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto.

(g) References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto.

(h) Forest Service Handbook 2509.22 – Soil and Water Conservation Handbook

(i) National Best Management Practices for Water Quality Management on National Forest System Lands

3) Standard Specifications for Construction of Trails and Trail Bridges on Forest Service Projects, 10/30/2014.

Note that this version supersedes EM-7720-103, Standard Specification for Construction and Maintenance of Trails (1996).

Available at: https://www.fs.usda.gov/managing-land/trails/trail-management-tools/trailplans

4) Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-14

Available at: https://highways.dot.gov/federal-lands/specs

5) AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing

6) 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.

https://www.fs.usda.gov/managing-land/trails/trail-management-tools/trailplans https://highways.dot.gov/federal-lands/specs

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.

SECTION D – PACKAGING AND MARKING

D.1. – AGAR Clause(s) 452.37-71 Marking Deliverables (Feb 1988)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

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) 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) Fill-in: Refer to technical specifications located in Section J.

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: remote location project work sites shown on attached map.

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 http://www.biopreferred.gov/

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 11/30/2021.

52.242-14 Suspension 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 beginning on the date of award through 11/30/2021.

Addendum: Due to the high volume of permitted visitors to the site, on-site work is restricted to the period of 09/15/2020 through 11/30/2021, excluding the high visitor use period from 07/01/2021 through 08/30/2021. The trailhead, trail alignment, main upper deck, and new shelter must be fully complete prior to the high visitor use period.

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) , 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.

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;

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

(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 https://www.dm.usda.gov/procurement/policy/agar.htm 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Serviced Developed or Provided by Kaspersky Lab or Other Covered Entities (Jul 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-12 Liquidated Damages – Construction (Sep 2000) Fill-In: …in the amount of $1,176 for each calendar day of delay where work extends into the high visitor use period starting 07/01/2021… 52.211-13 Time Extensions (Sep 2000) 52.215-2 Audit and Records-Negotiation (Oct 2010) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-9 Small Business Subcontracting Plan (Mar 2020) 52.219-14 Limitations on Subcontracting (Mar 2020) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (May 2020) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (Mar 2018) http://www.acquisition.gov/ https://www.dm.usda.gov/procurement/policy/agar.htm

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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Bio-based products under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997), Alternate I (Jul 1995) Contractor to Fill-In: Material (If none, insert “None”) Identification No.

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.223-21 Foams (Jun 2016) 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: Components furnished under CLIN 1001 – Option Item 1

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars)*

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.225-21 Required Use of American Iron 52.227-1 Authorization and Consent (Dec 2007) 52.227-4 Patent Indemnity – Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) Fill-In: (c) …shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Aug 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 Progress Payments (Apr 2012), Alternate I (Mar 2000) 52.232-17 Interest (May 2014) 52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014), Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2014) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991)

52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997), Alternate I (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (Jul 1995) 52.243-4 Changes (Jun 2007) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.245-1 Government Property (Jan 2017) 52.245-2 Government Property Installation Operation Services (Apr 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition.

The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

_____All property items are listed under Section C. 2, 5) above__ 52.245-9 Use and Charges (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994), Alternate I (Apr 1984) 52.246-26 Reporting Nonconforming Items (Dec 2019) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 52.248-3 Value Engineering – Construction (Oct 2015) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984), Alternate I (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) 52.252-4 Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

___<Reserved>_________________________ _______________________________ _______________________________ 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

52.253-1 Computer Generated Forms (Jan 1991)

I.2 – AGAR Clause(s) 452.211-73 Attachments to Statement of Work/Specifications (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

452.228-71 Insurance Coverage (Nov 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.