Solicitation_12034318R0017_Final_06072018.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12034318R0017 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 24 Fort Missoula Road Missoula, MT 59802

Offers Are Solicited For:

INRC – Phase III Supervisor’s Office Idaho Panhandle National Forest Kootenai County, Idaho

Solicitation No. 12034318R0017 INRC-Phase III/Coeur d’Alene, ID

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 B- 2 - Payment for Bond Premiums B- 3 - Option for Separately Priced Line Item B- 4 - Evaluation of Options

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 9

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Project Magnitude C- 4 - Biobased Product Utilization C- 5 - Permits C- 6 - Special Instructions C- 7 - Project Manual / Technical Specifications C- 8 - Drawings

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS 12 - 15

H- 1 - Key Personnel H- 2 - Emergency Response H- 3 - Incidental Payment Items H- 4 - Conformity with Drawings and Specifications H- 5 - Samples, Tests, Cited Specifications H- 6 - Barricades, Warning Signs, and Other Devices H- 7 - Weed Free Equipment H- 8 - Landscape Preservation

H- 9 - Invoice Processing Platform (IPP) H-10 - Contractor Performance Assessment Reporting System H-11 - Prework Conference H-12 - Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 16 - 35

I- 1 - Clauses Incorporated by Reference I- 2 - Contractor Use of Mandatory Sources of Supply or Service I- 3 - Paid Sick Leave Under Executive Order 13706

I- 4 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I- 5 - Foams I- 6 - Buy American - Construction Materials under Trade Agreements Alternate I I- 7 - Bid Guarantee I- 8 - Performance and Payment Bonds - Construction I- 9 - Alternative Forms of Security I-10 - Insurance Coverage I-11 - Reimbursement for Bond Premiums - Fixed Price Construction Contracts I-12 - Permits and Responsibilities I-13 - Authorized Deviations in Clauses I-14 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 36 - 43

J- 1 - Wage Rate Decision ID180031, Mod 3 J- 2 – Project Manual J- 3 - Drawings J- 4 - State of Idaho Certificate of Verification of Workers’ Compensation Insurance J- 5 - Past Performance Questionnaire

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 44 - 50

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

K- 3 - Information Regarding Responsibility Matters

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 51 - 62

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 – Inquiries (Deviation)

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 - Service of Protest L-12 - Site Visit (Construction) Alternate I L-13 - Preparation of Proposals – Construction L-14 - Pre-Bid/Pre-Proposal Conference L-15 - Alterations in Solicitation L-16 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD 63

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

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034318R0017

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

June 7, 2018

PAGE OF PAGES

1 63

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 24 Fort Missoula Road Missoula, MT 59802

USDA - Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59802

9. FOR INFORMATION

CALL:

a. NAME

Dale Reckley, dreckley@fs.fed.us

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

406-329-3525

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):

Supervisor’s Office

Idaho Panhandle National Forests

Project Magnitude The estimated project magnitude is between $5,000,000 and $10,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it by June 30, 2020 after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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 2 copies are due at the place specified in Item 8 by 2:00 pm local time July 10, 2018 (date). 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. _________________ 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.)

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 24 Fort Missoula Road

Missoula, MT 59802

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)

SECTION B - SUPPLIES OR SERVICES AND PRICES

Supervisor’s Office

Idaho Panhandle National Forests

B- 1 Schedule of Items

Item Description Pay Unit

Estimated Quantity

Unit Price

Amount

Interagency Natural Resource Center – Phase III

LS All XXXXXXXX $_______________

**Optional Item #1 – Systems Furniture LS All XXXXXXXX $_______________

**Optional Items #2

2.1 Information Pavilion LS All XXXXXXXX $_______________

2.2 Smoking Structure LS All XXXXXXXX $_______________

2.3 Adhered Stone Masonry LS All XXXXXXXX $_______________

2.4 Fiber-Cement Siding LS All XXXXXXXX $_______________

2.5 Acoustical Panel Ceiling LS All XXXXXXXX $_______________

2.6 Carpet Tile LS All XXXXXXXX $_______________

2.7 Painting, Interior GWB LS All XXXXXXXX $_______________

2.8 Painting, Exterior LS All XXXXXXXX $_______________

2.9 Folding Panel Partitions LS All XXXXXXXX $_______________

2.10 Roller Shades LS All XXXXXXXX $_______________

*The following items have been identified to be obtained from a mandatory AbilityOne source in compliance with FAR clause 52.208-9, Contractor Use of Mandatory Sources of Supply or Services:

DIVISION 08 – OPENINGS, 08 71 00 DOOR HARDWARE; SKILCRAFT Brand Exit Devices, Door Controls – Closers, Mortise Locks & Latches. Pricing and availability may be obtained from SKILCRAFT PDQ at 1-855-NIB-SPEC (1-855-652-7732) or skilcraft.asp@visioncorps.net. .

Additional items may be available from the mandatory source. AbilityOne’s procurement products list can be searched at: www.abilityone.com.

Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

B- 2 Payment for Bond Premiums

Note: 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- 3 Option for Separately Priced Line Item

The Government may require the performance of the numbered line item, identified in the Schedule as an option item, at the price stated in the Schedule. The Contracting Officer may exercise any option item by written notice to the Contractor by 01/01/2019. Performance of added items shall follow the period of performance outlined in Secton F- 2 of the solicitation. It is the unilateral right of the Government to exercise option items at the price agreed upon in the contract. Option items will be excercised contingent upon availability of funds and the best interest of the Government.

Note: See Section F- 2 for Option Item Period of Performance

B- 4 Evaluation of Options

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

The Interagency Natural Resources Center is a multi-phased project that will support 173 employees from the U.S. Fish & Wildlife Service, the Bureau of Land Management, and the U.S.

Forest Service. This project will include Phase 3 (29,000 SF main office portion supporting interagency employees). The site work and the north section of the warehouse (Phase 1) and the southern section of the warehouse (Phase 2) is currently under construction. The Phase 1 and 2 portions under construction have an expected completion date of Spring 2019. The Phase 3 Contractor shall be required to share the site and operate with Phase 1 and 2 portions underway.

Phase III includes the construction of a new office building and related site work including final landscaping and irrigation. The facility is a two-level, wood-frame building with frost-depth footings and slab-on-grade construction with a partial basement and a partial attic mezzanine.

The project will be certified under the “Green Globe” Certification system, Green Globe Level 2 (see Specification 018113).

C- 2 Project Location

The project site is located at the existing Forest Service Nursery grounds:

Coeur d’Alene Nursery 2208 W. Kathleen Avenue Coeur d’Alene, ID 83815

C- 3 Project Magnitude

Government Cost Estimate, per FAR 36.204, is between $5M and $10M.

C- 4 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.

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Water Tank Coatings Adhesive and Mastic Removers Cleaners Sorbents Floor Finish Floor Stripper Composite Panels Insulating Foam Sealers Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

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- 5 - 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.

C- 5 Permits

In accordance with FAR 52.236-7 Permits and Responsibilities, Contractor is responsible for obtaining any licenses or permits necessary for completion of the project without additional expense to the Government. Requirements are known to include, but not limited to the following:

City of Coeur d’Alene (CDA) Impact Fees (Park, Police, Fire, City Traffic, Quadrant Traffic, Water, and Wastewater, etc.)

City of CDA Encroachment Permits City of CDA Plumbing Permits City of CDA Mechanical Permits City of CDA Building Permit City of CDA Site Development Permit if applicable.

Division of Building Safety Electrical Permit National Pollution Discharge Elimination System Permit if applicable.

The Contractor shall make their building permit submittals to the City of CDA within 7 days of receiving the Notice to Proceed. All building plan documents shall be submitted at one time (per the Building Official’s request). Site development and foundation permits may be reviewed and issued separately from the building permit.

The Contractor shall obtain the Certificate of Occupancy at Substantial Completion. A copy of the Certificate of Occupancy shall be forwarded to the Contracting Officer upon receipt.

The City of CDA requires all revisions to the permitted documents to be routed for approval to the City of CDA Building Department (see city web site for building department routing form). The Contractor shall be responsible for submitting all permit revisions to the City of CDA for incorporation into the permit.

Plan Review Fees will be waived by Ted Lantzy, the City of Coeur d’Alene (CDA) Building Services Director. All other permit fees are required and will not be waived. A preliminary estimate of fees is shown below:

Building Department

Mechanical Fees are based on the number of fixtures to be installed. For application, see http://www.cdaid.org/2708/departments/building/applicationsforms/commercial-applications.

Plumbing Fees are based on the contract price. For application, see http://www.cdaid.org/2708/departments/building/applicationsforms/commercial-applications.

Electrical Permit Fees are available at the Idaho State Division of Building Safety, see https://dbs.idaho.gov/Forms/ele_forms.html.

Building Permit Fee $3,930 per $1 Million valuation (approximately).

Water Department

Water Capitalization = $16,123 Irrigation = $3,000

WWTP Department

$1.38/SF

Engineering Department Based on the scope of work. Encroachment Permits can run from $50 to $250 per permit.

Impact Fee Estimates Police Fee - $702 Fire Fee - $1,378 City Traffic - $5,862 Quadrant Traffic - $15,991

C- 6 Special Instructions

(a) The Phase III Contractor shall be expected to share the site with the Phase 1 and II Contractor.

(b) Site access will not be permitted prior to the bid date due to ongoing construction operations.

Site conditions may be viewed from the public access at the Prairie Trail intersection with Kathleen Boulevard. An organized site visit is planned. See Section L-14 for site visit information.

(c) On the project schedule, show an approximate City of Coeur d’Alene permit review duration of 120 days. Site mobilization is authorized after March 30, 2019. Substantial Completion and Certificate of Occupancy is required by May 30, 2020.

C- 7 Project Manual / Technical Specifications

The Project Manual is incorporated into this solicitation and any resultant contract. See Section J for the listing of Technical Specifications contained in the Project Manual.

C- 8 Drawings

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

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)

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

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 not later than June 30, 2020. The time stated for completion shall include final cleanup of the premises.

The following is added:

It is estimated that the Notice to Proceed will be issued August 2018. Site mobilization is authorized after March 30, 2019. Substantial Completion and Certificate of Occupancy is required by May 30, 2020.

If Optional Item 1 is funded, the Contractor shall complete the entire work ready for use not later than June 30, 2020.

If Optional Item 2 is funded, the Contractor shall complete the entire work ready for use not later than June 30, 2020.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager, Site Superintendent(s), and Quality Control Manager

(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- 2 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

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 Conformity With Drawings and Specifications

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

"Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 5 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- 6 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.

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.

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

H- 7 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H- 8 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H- 9 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-10 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.

H-11 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.

H-12 Idaho Worker’s Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

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

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 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) 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015) 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) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(JUL 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-14 Limitations on Subcontracting (JAN 2017) 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 (SEPT 2016) 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) 52.223-5 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) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 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 (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL

2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 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 (NOV 2017) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering--Construction (OCT 2015) 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) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (MAY 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind

1310 Braddock Place Alexandria, VA 22314-1691

(703) 310-0500; and

(2) NISH

8401 Old Courthouse Road Vienna, VA 22182

(571) 226-4660.

I- 3 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)–

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8),

(B) Including employees who qualify for an exemption from the Fair

Labor Standards Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part

13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O.

13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the

Contr…