12034318R0005_-_Kootenai_Swinging_Bridge_-_RFP.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12034318R0005 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:

USDA – Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 N. Schreiber Way Coeur d’Alene, ID 83815

Offers Are Solicited For:

Kootenai Falls Swinging Bridge

Kootenai National Forest (See section C-1(b) for project location)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

B- 1 - Schedule of Items B- 2 - Price Proposal Instructions B- 3 - Payment for Bond Premiums B- 4 - Offer Submittal

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 9

C- 1 – Project Descripton and Location C- 2 – Government Furnished Property C- 3 – Standard & Supplemental Specifications C- 4 – Drawings C- 5 – Temporary Facilities and Utilities C- 6 – Biobased Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE 10

E- 1 – Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 11

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work Alternate I F- 3 - Period of Performance

SECTION G – CONTRACT ADMINISTRATION DATA 12

G- 1 – Prework Conference G- 2 – Contracting Officer’s Representative

SECTION H - SPECIAL CONTRACT REQUIREMENTS 13 - 16

H- 1 - Clauses Incorporated by Reference H- 2 – Key Personnel H- 3 – Incidental Payment Items H- 4 - Barricades, Warning Signs, and Other Devices H- 5 – Hourly Work H- 6 – Samples, Tests, Cited Specifications H- 7 – Environmental Protection

H- 8 – Invoice Processing Platform (IPP) H- 9 – Contractor Performance Assessment Reporting System

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 17 - 33

I- 1 - Clauses Incorporated by Reference

I- 2 – System for Award Management Maintenance I-3 – Service Contract Reporting Requirements I-4 – Commercial and Government Entity Code Maintenance I-5 – Updates of Publicly Available Information Regarding Responsibilty Matters I-6 – Order of Precedence I-7 – Post Award Small Business Program Rerepresentation I-8 – Affirmative Procurement of Biobased Products Under Service and Construction Contracts I-9 – Buy American--Construction Materials under Trade Agreements I-10 – Performance and Payment Bonds - Construction I-11 – Reimbursement for Bond Premiums I-12 – Providing Accelerated Payments to Small Business Subcontractors I-13 – Permits and Responsibilities

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 34

J- 1 – Wage Rate Decision J- 2 – Area Map J- 3 – Construction Specifications J- 4 – Construction Plans J- 5 – Geotech Report J- 6 – Past Performance Questionnaire J- 7 – Bid Bond Form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 35 - 41

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications

K- 2 – Commercial and Government Entity Code Reporting K- 3 – Information Regarding Responsibility Matters K- 4 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 42 - 48

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 - Inquiries

L- 4 - Facsimile Proposals and E-Mail 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 the 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 – Bid Guarantee L-12 – Alternative Forms of Security L-13 – Service of Protest L- 14 – Preparation of Proprosals - Construction

SECTION M - EVALUATION FACTORS FOR AWARD 49 - 51

M- 1 - Evaluation Criteria M- 2 - Award Statement

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034318R0005

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/16/2018

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 N. Schreiber Way Coeur d’Alene, ID 83815

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 N. Schreiber Way Coeur d’Alene, ID 83815

9. FOR INFORMATION

CALL:

a. NAME Estyn Kevitt

b. TELEPHONE NO. (Include area code)

(208) 765-7433 or email: ekevitt@fs.fed.us

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):

Kootenai National Forest

Price Range: The Government’s estimate is between $250,000 and $500,000.

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

OR HAND-CARRIED AND RECEIVED BY Friday, April 16, 2018 AT 4:00 PM PST

11. The Contract time shall begin upon receipt of contract notice to proceed and shall be completed no later than October 1, 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 3:00 pm PST Friday, April 16, 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.

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. _________________ TIN: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

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

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

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 Idaho Montana Acquisition Team 3815 N. Schreiber Way

Coeur d’Alene, ID 83815

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)

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/

12034318R0005

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

KOOTENAI FALLS SWINGING BRIDGE

B-1 Price Schedule

ITEM

NO. ITEM DESCRIPTION METHOD UNITS QTY PRICE

TOTAL

PRICE

15101 MOBILIZATION LSQ LS 1

15201 CONSTRUCTION SURVEYING/STAKING LSQ LS 1

15713 SOIL & EROSION CONTROL LSQ LS 1

20305

REMOVAL OF STRUCTURES &

OBSTRUCTIONS, DISPOSAL METHOD (A)

LSQ LS 1

20806 STRUCTURE EXCAVATION LSQ LS 1

25610 MICROPILE AQ FT 336

25611 TEST MICROPILE AQ EA 2

55206 STRUCTURAL CONCRETE CLASS C (AE) LSQ LS 1

55403 REINFORCING STEEL LSQ LS 1

555A03

STRAND & WIRE ROPE WORKS FURNISHED,

FABRICATED & ERECTED

55503

STRUCTURAL STEEL FURNISHED,

FABRICATED & ERECTED

55704 TREATE STRUCTURAL TIMBER & LUMBER LSQ LS 1

61901 FENCE, COATED CHAIN LINK DQ FT 430

62301 *GENERAL LABOR AQ HR 80

62528

SEEDING, FERTILIZING, & MULCHING DRY

METHOD

623501 TEMPORARY TRAFFIC CONTROL LSQ LS 1

TOTAL PRICE:

*See sections C-1(n) and H-5 for further instructions on hourly work.

Acronyms: LSQ – Lump Sum Quantity; AQ – Actual Quantity; DQ – Design Quantity; HR - Hour

B-2 Price Proposal Instructions

Complete Schedule of Items B-1. Provide total amounts for all items. Provide unit prices to the nearest dollar and do not round the extended totals.

B- 3 Payment for Bond Premiums

Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B-4 Offer Submittal

As your offer, submit a completed and signed Standard Form 1442, completed Schedule B with pricing listed for all line items, a Technical Proposal, an original bid bond, and a completed Section K. 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.

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. This project includes construction of a new 220 foot long suspension trail bridge, and removal of the existing suspension trail bridge over the Kootenai River.

Work includes but is not limited to removal of existing structures, new ground anchors (Micropiles placement), concrete placement, structure support steel erection, new cable and wire ripe, and equipment rental.

Helicopter mobilization of materials is necessary to access the project. Troy Airport (FAA Identifier:

57S, Lat/Long: 48.479101; 115.903488) is planned as a staging area, with a flying distance of approximately 7 air miles to the work site. Additional vehicle/parking staging area is located in a turnout approximately 350 feet east of the trailhead parking lot.

Work is dependent on: the number of helicopter flights and timing restrictions due to grizzly bear, limited closure periods to the public, and public access on other land ownership (State Highway, Lincoln County, Burlington Northern Railroad).

(b) Project Location . The project is located along State Highwy 2 between Libby and Troy, Montana.

The bridge is located in Section 13, T31N R32W, PMM. See attachment J-2; Area Map for land ownership; site closure information, and staging area information.

To access the project from Libby, MT, follow State Highway 2 west approximately 10 miles. The parking area is located on the north side of the highway, operated by Lincoln County. From the parking area take the Kootenai Falls County trail approximately 0.5 miles (paved and gravel), crossing over a railroad overpass (two tracks, power and telephone lines), to the Kootenai Falls Swinging Bridge. The railroad overpass includes two flights of stairs.

(c) Price Range. $250,000 to $500,000

(d) Pre-Bid Tour. A pre-bid tour will not be held.

Prospective bidders wishing to inquire about possibly visiting the site on their own may obtain directional information by contacting Rob Malyevac at the Forest Supervisors Office, Kootenai National Forest, telephone (406)283-7669 for additional information on site location.

Included in the bid package is a geotechnicial engineering services report, and (for reference only of the existing bridge) the 1950 Swinging Bridge Plan (supports and cable remain) and 1993 reconstruction Plans (stairs and bridge deck replaced).

(e) Pre-Bid Conference. A pre-bid conference will not be held.

(f) Start Work. Desired start date of June 16, 2018. See FSSS Sections 151 and 156 for specific timing restrictions. Contract time will run continuously with no shutdown. The contract period allows for two construction seasons.

(g) Period of Performance. Contract is to be completed by November 1, 2019.

(h) Safety Plan – A written and approved safety plan in accordance with applicable regulations such as FARS, OSHA, etc. is required prior to commensement of project work. The safety plan will include fall protection, water rescue, and aviation. The Safety Plan is also part of the criteria in evaluation of responsive offerors. Contractor shall provide adequate safety briefings and ensure safe practices are followed from all personnel involved in the project. Emergency contact numbers shall be readily available on site.

(i) Government Furnished Source/ Property: None

(j) Submittals – Contractor is responsible for and shall submit, at a minimum and at addressed times, all items listed within the FP-03 and FSSS.

(k) Permits –The Forest Service will obtain staging area permissions (Troy Airport and trailhead turn out) for this project, the Contractor is responsible for adhering to the stipulations of these agreements. If other staging areas and/or access routes are desired by the Contractor, Contractor will be responsible for all coordination and permits.

(l) Utilities –The Contractor is responsible for obtaining for location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractors expense.

(m) Mobilization –The Contractor is responsible for accounting for all mobilization in line item 15101.

The Contractor should expect to mobilize to complete all of the work.

(n) Pay Items 62301 General labor - This pay item may be used for tasks such as, but not limited to, clearing and grubbing by hand, rehab of old tower sites, connecting trail to new stairs, rehab old trail, drainage away from footing.

C- 2 – GOVERNMENT FURNISHED PROPERTY N/A

C- 3 - STANDARD & SUPPLEMENTAL SPECIFICATIONS

In general, the work shall follow AASHTO LRFD, and ground anchors follow FHWA ASD methodologies. However, this bridge is unique and will require non-code related structural analysis and engineering judgement.

This project makes use of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) U.S. Customary Units. FP-03 is included by reference only and can be found on the internet at the following website: https://flh.fhwa.dot.gov/resources/specs/fp-03/fp-03usc.pdf

The following Forest Service Supplemental Specifications are a part of this solicitation and any resulting contract and are made a separate attachment. Supplemental Specifications (FSSS) include additions and revisions to the Standard Specifications (FP-03).

FSSS No. DESCRIPTION Preface

101 Terms, Format, and Definitions 102 Bid, Award, and Execution of Contract 103 Scope of Work https://flh.fhwa.dot.gov/resources/specs/fp-03/fp-03usc.pdf

104 Control of Work 105 Control of Material 106 Acceptance of Work 107 Legal Relations and Responsibility to the Public 108 Prosecution and Progress 109 Measurement and Payment 151 Mobilization 152 Construction Survey and Staking

153 Contractor Quality Control 155 Schedules for Construction Contracts 156 Public Traffic 157 Soil Erosion Control 203 Removal of Structures and Obstructions 204 Excavation and Embankment 208 Structure Excavation and Backfill for Selected Major Structures 256 Micropile 555 Steel Structures

555A Cable and Wire Rope 622 Equipment Rental 625 Turf Establishment 722 Anchor Material 725 Miscellaneous Material

C- 4 – DRAWINGS

Reference is herein made to the separate attachment of technical drawings that are part of the contract document:

SHEET NO. DESCRIPTION

--- COVER SHEET

SHEET 1 GENERAL NOTES

SHEET 2 SUMMARY OF ESTIMATED QUANTITIES

SHEET 3 EXISTING SITE CONDITIONS

SHEET 4 BRIDGE GENERAL LAYOUT

SHEET 5 GENERAL TOWER DETAILS

SHEET 6 FOOTING DETAILS

SHEET 7 HP ANCHOR DETAILS

SHEET 8 TOWER CONNECTION DETAILS

SHEET 9 STAIR & LATERAL BRACING DETAILS

SHEET 10 CABLE, FENCING, & FLOOR BEAM DETAILS

SHEET 11 DECK & HANDRAIL DETAILS

N/A 1950 PLAN (1 SHEET)

N/A 1993 PLAN (12 SHEETS)

N/A GEOTECHNICAL ENGINEERING SERVICES REPORT

C-5 – TEMPORARY FACILITIES AND UTILITIES

Staging Area - The Contractor shall coordinate with the COR on a staging area locations. Staging areas of trailhead turn-out and Troy Airport will be through permission from Lincoln County. Access must be maintained for public to other facilities (picnic area, trail to falls, main parking area) at this site. The Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads, trails, air strip, parking lots, and landscaping.

Storage of materials may occur at staging areas no more than 30 days prior to or after work period, unless approved by CO.

See FSSS 105 for additional access and staging information.

Contractor responsible for security of all equipment and materials at staging areas and work site at all times.

Restoration by Contractor

All areas disturbed by the Contractor's operations, such as, but not limited to, staging, camping and construction areas, shall be restored by replacing topsoil and grading to the original contours, as set forth in the Contract Documents. The cost of all work necessary for site restoration shall be included in the Contract Price, and no additional compensation shall be provided.

C- 6 - 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 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.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).

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).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

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.

http://www.biopreferred.gov/

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

52.246-12 Inspection of Construction (AUG 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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)

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 for the base item not later than November 1, 2019. The time stated for completion shall include final cleanup of the premises.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is anticipated to be from June 16, 2018 through November 1, 2019.

SECTION G – CONTRACT ADMINISTRATION

G-1 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing. It will be scheduled and held within 30 days after contract award. The conference will be held at the Kootenai National Forests Supervisor’s Office located at 31374 US Highway 2, Libby, MT. Another location may be approved if all parties agree.

G-2 Contracting Officer’s Representative

The Contracting Officer 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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 https://www.dm.usda.gov/procurement/policy/agar.htm.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager and Project Superintendent.

(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 their 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 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-4 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.

https://www.dm.usda.gov/procurement/policy/agar.htm

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

H-5 Hourly Work

This work shall be authorized in advance by the Government; there is no guarantee that any hourly work will be ordered. Daily written records, such as shift tickets to record the number of unit-hours of operation are required to be signed and submitted with invoices. Reference section C-1(n) for additional details on work to be performed.

Payment. The working rate specified in the Schedule of Items shall be paid for all hours of actual operation of equipment on authorized work. Only quantities approved by the CO shall be accepted under this contract. The accepted quantities will be paid at the contract price per unit of measurement for the pay item listed in the schedule of items. Payment will be full compensation for the work done and accepted.

Adjustment of contract prices as described in FAR 52.211-18 Variation in Estimated Quantities shall not apply to hourly work. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in the contract unit prices.

H-6 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-7 Environmental Protection

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water.

No fuel, including fuel cans for pumps, shall be stored within 150 feet of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous materials are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous material according to 29 CFR 1910.120). Notify the Forest Service in writing of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Equipment Fuel/Oil Leakage

All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws, pumps, and other power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Contractor is required to have a Spill Kit or equivalent that contains oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

Fish-Friendly Hydraulic Fluids

In accordance with Technical Specification 01505, Mobilization and Demobilization, Subpart 1.1 - 4, equipment that will be used in live water shall utilize hydraulic fluid that is non-toxic to salmonids. The criteria used to determine if the hydraulic fluid is nontoxic to salmonids during acute exposure is found in footnote 1. According to guidance provided by the National Oceanic and Atmospheric Administration, the following products meet the required criteria:

Chevron Clarity Hydraulic Oil A W Ecoterra Hydraulic Oil GreensCare Plus Mobil EAL 224H

ENVIRON™ AW HYDRAULIC FLUIDS

The government does not endorse any of these specific products and urges contractors to perform independent research regarding the performance characteristics of each product.

H-8 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-9 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

http://www.ipp.gov/

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 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

52.202-1 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 (SEPT 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) 52.203-14 Display of Hotline Poster(s) (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 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 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 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) 52.210-1 Market Research (APR 2011) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 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 Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 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 (MAR 2015) 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) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY

1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 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) 52.236-8 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) Alternate I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.245-1 Government Property (APR 2012) 52.245-2 Government Property Installation Operation Services (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.251-1 Government Supply Sources (APR 2012) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996 452.236-73 Archeological or Historic Sites (FEB 1988)) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.204-13 System for Award Management Maintenance (OCT 2016)

(a) Definition. As used in this clause--

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

http://www.sam.gov/

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM.