12010920R0010_Thorne Bay Quad 1 Renovations.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)

1002647

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

Denise Murphy

161 East 1st Avenue, Door 8 Anchorage, AK 99501

MICHAEL MCCARTHY 907-586-7903

1x 08/24/2020

12010920R0010

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

12010920R0010 - This project includes the renovation of four units in Quad 1 in

Thorne Bay, Alaska. This work includes ABA upgrades and garage door replacements for the entire Quad Complex.

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.)

15 180 calendar days and complete it within ________________ ________________ calendar days after receiving

09/25/2020

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)

12010920R0010_Thorne Bay Quad 1 Renovations

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

ALASKA REGIONAL OFFICE

709 WEST 9TH STREET

JUNEAU AK 99802

DENISE MURPHY

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920R0010

Thorne Bay Quad 1 Renovation

Delivery: 09/28/2020

Delivery Location Code: 0116

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901 US

FOB: Destination

0001 Thorne Bay Quad 1 Renovation

A teleconference Pre-Proposal meeting will be conducted on: August 26, 2020 at 8:00 a.m.(AS)

1-888-844-9904 passcode 9933996

Proposals need to be emailed to denise.murphy@usda.gov and michael.t.mccarthy@usda.gov by 10:00 a.m.(AS)

September 25, 2020

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 Method of Measurement

Quantity Unit Unit Price Amount

1 Base: Item 1 Quad Remodels 1-1 Unit 11 (one bedroom) NA 1 LS $ $ 1-2 Unit 12 (one bedroom) NA 1 LS $ $ 1-3 Unit 13 (two bedroom) NA 1 LS $ $ 1-4 Unit 14 (two bedroom) NA 1 LS $ $ 1-5 Mobilization NA 1 LS $ $

Total Base Item(s): $ 2 Option: Item 1 Common Area Remodel

2-1 Common Area Remodel NA 1 LS $ $ Total Option Item 1: $

3 Option: Item 2 Window Replacement 3-1 Unit 11 (one bedroom) NA 1 LS $ $

Unit 12 (one bedroom) NA 1 LS $ $ Unit 13 (two bedroom) NA 1 LS $ $

3-2 Unit 14 (two bedroom) NA 1 LS $ $ 3-3 Common Area NA 1 LS $ $

Total Option Item(s) 2: $ 4 Option: Item 3 Deck, Stairs, and ADA Ramp

4-1 Deck, Stairs, and ABA Ramp NA 1 LS $ $ Total Option Item 3: $

5 Option: Item 4 Garage Door Replacements 5-1 8’w x 7’h garage bay doors and tracks NA 12 EA $ $

Total Option Item(s) 4: $ Abbreviated Methods of Measurement and Units.

LS= Lump Sum EA = Each

Additional Terms:

1) Offeror’s must submit prices for all Items in the Schedule of Items above.

2) Disclosure of the Magnitude of Construction Projects:

Between $250,000 and $500,000.

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 Thorne Bay Ranger District involving the renovation of four units in Quad 1 in Thorne Bay, Alaska. This work includes ABA upgrades and garage door replacements for the entire Quad Complex.

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

C.2 – Project Description and Location

1) Description: this contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. The measured quantities shown below are approximate for one Quad; Contractor will need to determine accurate quantities.

2) Location and Facilities: Thorne Bay Ranger District compound is located at 1312 Federal Way, Thorne Bay, AK 99919. Thorne Bay is located on Prince of Wales Island in Southeast Alaska.

3) Access to Construction Site: is accessible by the Inter-Island Ferry Authority from Ketchikan, or air service from Ketchikan.

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: Not applicable to this project.

C.3 – Technical Specifications

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

2) List more types of specifications here, if applicable.

2015 International Building Code 2010 Standards for Accessible Design 2015 ABA Standards

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

C.5 – Emergency Control (addendum to AGAR 452.236-77)

1) Immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project areas which are caused by the Contractor’s employees, equipment, or through prosecution of the work, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor’s employees or resulting from construction operations.

2) Contractor’s Responsibility for Controlling Other Emergencies – When requested by the CO, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established or adopted by the Forest Service through partnership with the National Wildfire Coordinating Group (NWCG).

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

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

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

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

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

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

a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger; there shall be no exhaust bypass;

b) A multi-position engine, such as on a chainsaw, which is equipped with a screen arrester, as described in the Forest Service

Spark Arrester Guide;

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

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

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

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

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

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

b) 4 pound size or larger carbon dioxide type.

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

7) Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the CO. Submit written requests for burning to the CO at least 48 hours in advance of intended burning.

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

C.6 – Contractor Responsibility to Notify the Government The Contractor must notify the COR when leaving the project area for 3 or more days, and within 24 hours before returning to the project area.

C.7 – Product Substitution Requests

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

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

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

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

ii) Manufacturer’s literature, identifying:

(1) Product description;

(2) Reference standards, and;

(3) Performance and test data.

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

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

v) Comparative data of item(s) to be deleted through substitution. Include drawings

vi) to the same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated;

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

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

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

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

(2) Data relating to changes in construction schedule.

(3) Any effect of substitution on separate contracts.

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

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

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

(7) Designation of required license fees or royalties.

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

3) Substitutions will not be considered for acceptance when:

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

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

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

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

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

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

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

C.8 – Contractor Substitution Request Representation and Responsibilities

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

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

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

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

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

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

i) Costs under separate contracts, and;

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

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

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

SECTION D – PACKAGING AND MARKING

D.1. – AGAR Clause(s) <Reserved>

D.2 – Project Labeling for Official Correspondence The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent and/or identify and awarded contract or project. The Government-issued contract number must be referenced on all official communication, including but not limited to emails, starting upon written notice of contract award.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

(b) Inspection and acceptance will be performed at: 1312 Federal Way, Thorne Bay, AK 99919.

E.3 – Contractor’s Quality Control Plan

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

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – FAR Clause(s) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

Fill In: (a)-within 15 calendar days of receiving the Notice to Proceed…; (c)-…not later than March 28, 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 from date of award through March 28, 2021.

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 seven (7) days after the date of contract award. The conference will be held at a mutually agreed upon date and time.

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

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

(IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://ipp.gov. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

2) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release.

Final payment will not be approved without a properly executed Contract Release, Form FS-6300-16.

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

G.3 – Invoicing for Mobilization Mobilization includes movement of all personnel, equipment, and materials to the project site (under location of work as stated within the Statement of Work/Specifications below) that are necessary to complete the work. Invoices for mobilization will be paid at the contract price as stated in the Schedule of Supplies/Services.

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

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

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

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

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

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

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

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

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

12010920R0010_Thorne Bay Quad 1 Renovations https://ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Name and Signature Title Date

G.5 – Contract Administration Personnel

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

Alaska Region, Acquisition Management Attn: Denise Murphy 161 East 1st Ave. Door 8 Anchorage, AK 99501.

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) 52.204-21 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 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) 52.219-14 Limitations on Subcontracting (Mar 2020) 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) 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) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) (Aug 2018)

12010920R0010_Thorne Bay Quad 1 Renovations http://www.acquisition.gov/ https://www.dm.usda.gov/procurement/policy/agar.htm

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) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.223-20 Aerosols (Jun 2016) 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:

___________________<none>________________________

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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

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

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.225-21 Required Use of American Iron 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (Jun 2000)

52.227-1 Authorization and Consent (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) 52.232-23 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) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2014) 52.236-1 Performance of Work by the Contractor (Apr 1984) Fill-In: …to at least fifteen (15) percent… 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) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-5 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) 52.245-9 Use and Charges (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994) 52.246-26 Reporting Nonconforming Items (Dec 2019) 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) 52.251-1 Government Supply Sources (Apr 2012) 52.253-1 Computer Generated Forms (Jan 1991)

I.2 – AGAR Clause(s) 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.

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. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction (Nov 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

452.236-71 Prohibition Against the Use of Lead-Based Paint (Nov 1996) Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both 452.236-76 Samples and Certificates (Feb 1988) When required by the specifications of the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

452.236-77 Emergency Response (Nov 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire.