Good_Creek_Crush_and_Laydown_Solicitation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12034318R0001 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture; Forest Service

Region 1 Acquisition Management Western Montana Acquisition Zone:

24 Fort Missoula Rd

Missoula, MT 59804

Offers Are Solicited For:

Good Creek Aggregate Surfacing, Crushing & Laydown

Tally Lake Ranger District Flathead National Forests

Flathead County, Montana

CONSTRUCTION RFP thru FAC 2005-94B and 95B –1/19/2017 12034318R0001

Good Creek Aggregate Surfacing, Crushing & Laydown; Tally Lake Ranger District

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

B- 1 -- Schedule of Items – Sullivan and Wheeler Creek Bridge Deck Replacement

B- 2 – Price Proposal Instructions

B- 3 – Bond Premiums

B- 4 – Officer Submittal

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 8

C- 1 – Project Description and Location

C- 2 – Government-Furnished Property

C- 3 -- Standard Specifications

C- 4 –Supplemental Specifications

C- 5 – Drawings

C- 6 – Use of Premises and Camping

C- 7 – Tools and Equipment

C- 8 -- Biobased Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE 9 - 10

E- 1 -- Clauses Incorporated by Reference

E- 2 – Inspection of Construction

E- 3 -- Contracting Officer’s Representative

SECTION F - DELIVERIES OR PERFORMANCE 11

F- 1 - Clauses Incorporated by Reference

F- 2 - Commencement, Prosecution, and Completion of Work Alt I

SECTION H - SPECIAL CONTRACT REQUIREMENTS 12 - 20

H- 1 - Conditions on Use of Premises

H- 2 – Key Personnel

H- 3 – Fire Control

H- 4 – Loss, Damage and Destruction

H- 5 – Incidental Payment Items

H- 6 – Conformity with Drawings and Specifications

H- 7 – Local Material Sources

H- 8 – Samples, Tests, Cited Specifications

H- 9 – Barricades, Warning Signs, Other Devices

H- 10 – Equipment Rental

H- 11 - Landscape Preservation

H- 12 - Invoice Processing Platform (IPP)

H- 13 - Accident Prevention

H- 14 - Weed-Free Equipment

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017 12034318R0001

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 21 - 29

I- 1 - Clauses Incorporated by Reference

I-2 – Variation in Estimated Quantity

I-3 – Paid Sick Leave Under Executive Order 13706

I- 4 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts

I- 5 - Buy American - Construction Materials

I-6 - Bid Guarantee

I-7 - Performance and Payment Bonds - Construction

I-8 - Alternative Forms of Security

I-9 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts

I- 10 – Permits and Responsibilities

I-11 – Alterations in Contract

I- 12 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 30 - 35

J- 1 - Wage Rate Decision

J- 2 –Supplemental Specifications – NFSR 60 Aggregate Surfacing FSSS

J- 3 – Drawings/Construction Plans – NFSR 60 Aggregate Surfacing Plans

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 36 - 40

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications

K- 2 – Incorporation by Reference of Representations and Certifications

K- 3 - Corporate Tax Delinquency/Felony Conviction Representations

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 41 - 47

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference

L- 2 - System for Award Management

L- 3 – Inquiries

L- 4- Facsimile Proposals and Email Proposals

L- 5 - Instructions for the Preparation of Technical and Business Proposals

L- 6 - Amendments to Proposals

L- 7 - Type of Contract

L- 8 – Construction Wage Rate Requirements – Secondary Site of Work

L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L-10 - Notice of Buy American Requirements - Construction Materials

L-11 - Service of Protest

L-12 - Site Visit (Construction)

L-13 - Preparation of Proposals – Construction

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017 12034318R0001

SECTION M - EVALUATION FACTORS FOR AWARD 48 - 50

M- 1 - Evaluation Factors

M- 2 - Award Decision

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034318R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/26/2018

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

895064

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service Region 1 Acquisition Management 24 Fort Missoula Road

USDA, Forest Service Region 1 Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME

TINA KELLY: tinakelly@fs.fed.us

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

406-329-3845

SOLICITATION

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

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

GOOD CREEK AGGREGATE SURFACING, CRUSHING & LAYDOWN

Flathead National Forests

Flathead County, Montana

Price Range: The Government’s estimate is between $500,000 and $1,000,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED

OR HAND-CARRIED AND RECEIVED BY TUESDAY, APRIL 24, 2018 AT 2:00 PM LOCAL TIME.

11. The Contractor time shall begin upon receipt of contract notice to proceed and shall be completed no later than October 31, 2018. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10, Alt I)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time Tuesday, April 17, 2018. If this is a sealed bid solicitation, offers must 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.

b. An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70)

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.

d. Offers providing less than 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. _________________

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.)

Please complete this block.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

1. 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

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

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

USDA – Forest Service

Region 1 Acquisition Management

24 Fort Missoula Rd.

All invoices will be processed using the Department of

Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) 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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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)

TINA KELLY

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0001

Good Creek Aggregate Surfacing, Crushing, & Laydown; Tally Lake Ranger District

SECTION B - SUPPLIES OR SERVICES AND PRICES

Schedule of Items

Good Creek Aggregate Surfacing, Crushing & Laydown

Flathead National Forest

Flathead County

B- 1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization ALL 1 $__________ $__________

20701 Earthwork Geotextile, Class 1, Nonwoven, Type A

SY 1632 $__________ $__________

23001 Roadside Brushing MILE 11.33 $__________ $__________

30103 Aggregate Base Course, Type A, Compaction Method B (Compacted

Quantity)

CY 1589 $__________ $__________

30115 Aggregate Surface Course, Type G, Compaction Method B (Compacted

Quantity)

CY 14055 $__________ $__________

30312 Aggregate Surface Reconditioning, Compaction Method A (Post Haul Blade

Road 60A)

MILE 3.21 $__________ $__________

30315 Roadway Reconditioning, Compaction/Placement Method B

MILE 11.33 $__________ $__________

31401 Stockpiled Aggregate, Type G CY 2000 $__________ $__________

31403 Development of Government Furnished

Source (Gregg Creek Quarry)

ALL 1 $__________ $__________

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

60201 18” CSP, 0.064” Thickness, Galvanized, 2-2/3” x 1/2” Helical Corrugation, Compaction Method 6

LF 52 $__________ $__________

60501 Underdrain System ALL 1 $__________ $__________

62501 Turf Establishment ALL 1 $__________ $__________

TOTAL OFFER (ALL ITEMS) $__________________

B-2 PRICE PROPOSAL INSTRUCTIONS: Provide unit prices and total item amounts for all items except those designated as Lump Sum. Do not round the extended item totals and provide unit prices when required to the nearest dollar.

B-3 BOND PREMIUMS: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in

FP-03 109.01 unless otherwise noted. The above pay items are contract quantities unless noted.

B-4 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, the completed Schedules of Items B-1, a Technical Proposal, an original bid bond, and a completed

Section K. Corporate offerors are also required to complete and submit Section K-3. Both technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 - PROJECT DESCRIPTION AND LOCATION

(a) - Description of Work.

The intent of the contract is to manufacture base and surface course aggregate in the existing

Gregg Creek Quarry (Government Source) and place the base and surfacing on Forest Road 60

(Good Creek Road) from milepost 6.01 to 17.34. Manufacturing of aggregate in the Gregg Creek

Quarry will include development of the existing quarry including clearing and grubbing, blasting, crushing aggregate, and stockpiling aggregate. Prior to placing surfacing on the roadway the road is to be reconditioned and soft areas will be repaired by installing drainage and or base course and geotextile fabric. The work includes but is not limited to clearing and grubbing, erosion control measures, structure excavation, roadway reconditioning, backfilling, compacting, furnishing and installing new culverts, hauling and placing crushed aggregate base and surfacing, grading haul roads after use (3.21 miles of forest road 60A), roadside brushing installing an underdrain system and all other incidental items necessary to complete the project in accordance with the plans and specifications. The precise details of performing work are not stipulated except as considered essential for the completion of the work. Furnish all labor, material (but for government furnished), equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

(b) Project Location.

This project is located on the Flathead National Forest on National Forest System Road (NFSR)

No. 60 from Mile Post 6.01 to 17.34 on the Tally Lake Ranger District in T31N-T32N, R24W-

R25W, Flathead County, Montana. The project elevation is approximately 4,100 feet. The following is the most direct route to the project:

From Whitefish, MT, travel northwest on US-93 North for 16.5 miles. Turn left onto county road

60 (Good Creek Road). Travel 6.0 miles on road 60 to the end of the asphalt pavement which is the start of the project.

(c) Price Range

Government Cost Estimate is between $500,000 and $1,000,000

(d) Start Work.

It is estimated that the notice to proceed under this contract will be issued approximately June 1, 2018.

(e) Period of Performance. Contract shall be completed by October 31, 2018. See Part 1, Section F, FAR Clause 52.211-10 Alt I.

(f) Site Visit or Pre-Bid Tour

No pre-bid tour is scheduled for this project. Interested contractors are encouraged to visit the project site prior to submittal of prices and technical proposal, however, due to winter conditions access is limited.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

(g) Pre-Bid Conference No pre-bid conference is scheduled for this project. Interested contractors may obtain additional information by contacting Tina Kelly or Chris Steen at:

Contracting Questions: Technical Questions:

Tina Kelly Chris Steen

USDA Forest Service USDA Forest Service

24 Fort Missoula Rd, Supervisor’s Office

Missoula, Montana 850 Wolf Pack Way

Kalispell, Montana 59901

Telephone: (406) 329-3845 Telephone: (406) 785-3549

C- 2 - GOVERNMENT FURNISHED PROPERTY

(a) Government-Furnished materials will be supplied by the Forest Service as listed in Section B-1

Schedule of Items of this contract. Government furnished source for the manufacture of base and surface course aggregate is the Gregg Creek Quarry located on NFSR 60A (Gregg Creek Road) at milepost 3.21 in Section 26, T31N, R25W. Contractor is responsible for all work associated with source development and aggregate production. An optional borrow source is available that the contractor may use to import material for use in the production of aggregate. This borrow source is located on NFSR 60 (Good Creek Road) at milepost 8.38 in Section 33, T32N, R24W. This borrow source is in the cut slope of NFSR 60 and contractor is responsible for all work associated with using this source including reclamation.

(b) The Government has obtained permits to utilize existing rock and gravel in designated areas or sources. The Contractor shall utilize all suitable material in the designated source. Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(c) Contractor-Furnished Sources--For material not available in the designated source(s), the

Contractor shall be responsible for providing the necessary product with no adjustment in contract price. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

(d) Designated Sources—Sources of local materials as designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

C- 3 – STANDARD SPECIFICATIONS

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” (FP-14, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these

Specifications are hereby made a part of this solicitation and any resultant contract. Copies are available electronically on the U.S. Department of Transportation Federal Highways Administration website at:

https://flh.fhwa.dot.gov/resources/specs/ https://flh.fhwa.dot.gov/resources/specs/

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

C- 4 – SUPPLEMENTAL SPECIFICATIONS

See Section J for the list of Forest Service Supplemental Specifications (FSSS) that are incorporated into this solicitation and any resultant contract.

C- 5 -- DRAWINGS

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

C- 6 – USE OF PREMISES AND CAMPING.

Camping will be allowed in close proximity to the project site in an area approved by the CO. Camping is restricted to the low impact (“Leave No Trace”) method in adherence with the wilderness ethic. Furthermore, all food and refuse shall be handled according to food storage requirements of Special Order No. LC00-18 to eliminate grizzly bear/human contact (see Section J).

C- 7 – TOOLS AND EQUIPMENT

All tools and equipment shall be furnished by the Contractor.

C- 8 – BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of

2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in

Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening

Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and

Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials 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 the performance of work described herein are subject to the approval of the Contracting Officer’s

Representative (COR).

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

Hydraulic Fluids Penetrating Lubricants Degreasers

Absorbents Diesel Fuel Additives Greases

Dust Suppressants 2-Cycle Engine Oil Sorbents

Adhesive and Mastic Removers Cleaners Concrete/Asphalt Release Fluids

Composite Panels Sealers Wood and Concrete Sealers

Graffiti and Grease Removers Stain Removers Metalworking Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred

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

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

conventional product.

http://www.biopreferred.gov/

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52-246-6 Inspection-Time and Materials and Labor Hour (MAY 2001) **Applicable to Equipment

Rental Items only.

E-2 - INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E-3 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) will designate a representative, hereinafter referred to as the Contracting

Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the

Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 31, 2018. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed June 1, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Montana State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the

Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H-2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Superintendent/On-site Contractor Representative (on-site supervisor)

Quality Control Officer.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-3 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting

Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to the

Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or

1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT REQUIRED

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 4 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 5 Incidental Payment Items

The intent of the 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. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 6 Conformity With Drawings and Specifications

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

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

H- 7 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the

Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 8 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-9 Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. See FSSS 156 Public Traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12034318R0008

Tally Lake Ranger District

Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

As a minimum, it is anticipated that the following type and number of signs will be required:

Location Designation Quantity

At beginning and end of project (Road 60 MP 6.00 and

MP 17.34)

“Trucks Hauling” (36”x36”)

Similar to W8-6

At beginning and end of haul road (Road 60A MP 0.00 and MP 3.21)

“Trucks Hauling” (36”x36”)

Similar to W8-6

On Road No. 60A approx. 500 ft both sides of intersections of Gregg Quarry Road and road 60A during periods of aggregate haul (location agreed to)

“Trucks Entering”

(36”x36”)

Similar to W8-6

On Road No. 60 approx. 500 ft both sides of intersections of 60 and road 60A during periods of aggregate haul

(location agreed to)

“Trucks Entering”

(36”x36”)

Similar to W8-6

Both sides of construction zones during times of reconditioning and aggregate laydown (moving each day to define that day’s zone of work)

“Road Construction Ahead”

(36”x36”)

2 minimum

Both sides of borrow area construction zone if using borrow area.

“Road Construction Ahead”

(36”x36”)

2 minimum

H- 10 Equipment Rental. These items require furnishing and operating equipment for work ordered by the

CO above the estimated quantities that are encountered during contract performance.