12034319R0213_Idaho_Gateway_Road_Reconstruction.pdf

REQUEST FOR QUOTATION

PAGE OF

PAGES

(THIS IS NOT AN ORDER)

THIS

RFQ

X IS

IS NOT A SMALL BUSINESS

SET- ASIDE

1 32

1. REQUEST NO. 2. DATE

ISSUED

3. REQUISITION/PURCHASE

REQUEST NO.

4. CERT. FOR

NAT.DEF.

RATING

12034319Q0213 8/20/2019

UNDER BDSA

AND/OR DMS

REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA Forest Service, Region 1 WMAZ 24 Fort Missoula Rd.

Missoula, MT 59804

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7.

DELIVER

Y

FOB

DESTINATION

NAME TELEPHONE NUMBER X OTHER (See Schedule)

AREA

CODE

NUMBER 9. DESTINATION

Tina Cook, CO Travis Taylor, Technical

544-5807 296-7156

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH

QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5a ON OR

BEFORE CLOSE OF BUSINESS

(Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a. This request does not commit the Government to pay any costs incurred in the preparation of the

Thursday, September 19, 2019 12:00 pm MST submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter.

Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM

NO.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f) Gateway Road Reconstruction

Rexford Ranger District

Kootenai National Forest

Lincoln County, Montana

Price Range between $25,000 and $100,000 See Section L-8 for Submission Instructions

a. 10 CALENDAR

DAYS (%)

b. 20

CALENDAR

DAYS

c. 30 CALENDAR

DAYS

d. CALENDAR

DAYS

12. DISCOUNT FOR

(%) (%) NUMB

ER

PERCE

NTAGE

NOTE: Additional provisions and representations

X ar e are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON

AUTHORIZED TO

15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATI

ON

DUNS NO.

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b.

TELEPHONE

c. COUNTY AREA CODE

d. CITY e.

STATE

f. ZIP

CODE

c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6- 95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 2 of 29

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

GATEWAY ROAD RECONSTRUCTION

Rexford Ranger District

Lincoln County, Montana

B-1 Schedule of Items

ITEM NO. 2 – GATEWAY ROAD RECONSTRUCTION

PAY

ITEM DESCRIPTION OF WORK

PAY

UNIT*

EST

QTY

UNIT

PRICE

TOTAL

PRICE

15101 MOBILIZATION

LUMP

SUM

XXXX __________

20103

CLEARING & GRUBBING, DISPOSAL I &

K, COMPACTION (E)

MILES 1.03

20401

ROADWAY EXCAVATION, COMPACTION

METHOD (B), TOLERANCE CLASS (F)

CUBIC

YARD

20424

DRAINAGE EXCAVATION, CONSTRUCT

LEAD OUT DITCH LEFT

FEET 30

20425A

DRAINAGE EXCAVATION, GRADE TO

DRAIN

EACH 5

20425B

DRAINAGE EXCAVATION, CONSTRUCT

NEW DRAIN DIP, TYPE 2

EACH 7

21201

LINEAR GRADING, COMPACTION

METHOD B

MILES 0.51

30201

AGGREGATE BASE, COMPACTION

METHOD 1, COMMERCIAL SOURCE

CUBIC

YARD

30207

AGGREGATE SURFACE COURSE,

METHOD 1, COMMERCIAL SOURCE

CUBIC

YARD

30315

ROADWAY RECONDITIONING, CROWN

TEMPLATE, COMPACTION METHOD B

MILE 4.33

60201A

INSTALL NEW 18” CMP, 0.064” STEEL

THICKNESS, COMPACTION METHOD F

FEET 28

60201B

INSTALL NEW 24” CMP, 0.064” STEEL

THICKNESS, COMPACTION METHOD F

FEET 28

60212

INSTALL NEW SURFACE WATER

DEFLECTOR, COMPACTION METHOD F

FEET 24

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 3 of 29

62504 SEEDING DRY METHOD ACRE 1 _______ _________

TOTAL: __________

* Designated Method of Measurement: AQ – Actual Quantities; CQ – Contract Quantities; CY – Cubic Yard; HR –

Hourly; LF – Linear Foot; LSQ – Lump Sum Quantities

B-2 Note: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01

Mobilization.

Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

This is a Request for Quotation (RFQ); therefore, no public opening will be held. The results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned, but will be retained by the U.S. Forest Service for official record purposes. The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

The Forest Service utilizes an electronic invoice system called Invoice Processing Platform (IPP). Awardee is required to set-up an account at www.ipp.gov in order to submit invoices.

B-3 Alternative Payment Protection (Payment Protection is required above $35,000). Include payment protection under Pay Item 15101 Mobilization. A bid bond is NOT required.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B-4 Mobilization. The Contractor is responsible for accounting for all of the mobilization in Pay Item 15101.

The Contractor should expect to mobilize to complete all of the work except the equipment rental line items.

Price Quotation furnished by:

Name: _______________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________ http://www.ipp.gov/

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 4 of 29

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Project Description and Location

a) Description of Work. Improvement, repair, and/or reconstruction of all or portions of NFSR roads;

15653, 3623, 3623B, 3623C, and 7160B. The work involves reestablishing and realigning existing road prism, reconstructing some portions and reconditioning others, applying surfacing material, establishing positive drainage, and installing necessary BMPs.

b) Project Location. From Eureak Ranger Station, proceed north on US Hwy 93 N for 0.6 miles, then turn left onto MT-37 S and proceed for 1.0 miles, turn right onto Airport Rd. Project location is 6.0 miles north on the left hand side.

c) Start Work. Work will start when Notice To Proceed is issued (approximately September 23, 2019

d) Period of Performance. Contract is to be completed by October 31, 2019.

e) Safety Plan – A written and approved safety plan in accordance with applicable regulations such FARS, OSHA, etc. is required prior to commensement of project work. The Safety Plan is also part of the criteria in evaluation of responsive bidders. 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.

f) Government Furnished Source/ Property: see Forest Service Supplemental Specification 153 for more information.

g) Submittals – Contractor is responsible for and shall submit, at a minimum and at addressed times, all items listed within the FP-14 and FSSS.

h) Permits –The Forest Service will obtain the necessary stream preservation permits for this project and the contractor is responsible for adhering to the stipulations of these permits.

i) 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.

j) Mobilization –The contractor is responsible for accounting for all of the following mobilization in line item 15101. The contractor should expect to mobilize to complete all of the work.

C-2 Price Range

The Government Cost Estimate, per FAR 36.204, is between $25,000 and $100,000.

C-3 AGAR 452.211-3 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-4 AGAR 452.211-4 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 5 of 29

C-5 Standard Specifications.

This project makes use of Standard Specifications for Construction of Roads and Bridges on Federal Highway

Projects (FP-14) U.S. Customary Units. FP-14 is included by reference only and can be found on the internet at the following website: https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

C-6 Forest Service Supplemental Specifications (FSSS)

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-14).

FSSS No. DESCRIPTION

Preface

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

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

153 Contractor Quality Control

155 Schedules for Construction Contracts

201 Clearing and Grubbing

203 Removal of Structures and Obstructions

204 Excavation and Embankment

302 Minor Crushed Aggregate

303 Road Reconditioning

625 Turf Establishment https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 6 of 29

C-7 Project Drawings

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

SHEET NO. DESCRIPTION

SHEET 1 COVER SHEET

SHEET 2 PROJECT MAP

SHEET 3 SUMMARY OF QUANTITITES AND GENERAL NOTES

SHEET 4 WORKLIST

SHEET 5 TYPICAL SECTIONS

SHEET 6 CULVERT DETAIL

SHEET 7 CULVERT WITH CATCH BASIN DETAIL

SHEET 8 CATCH BASIN DETAIL

SHEET 9 OUTLET DITCH DETAIL

SHEET 10 DRAIN DIP DETAIL

C-8 Temporary Facilities and Utilities

Staging Area - The Contractor shall coordinate with the CO on a staging area location. The Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads and Forest property.

See Forest Service Supplemental Specification 105 and the Drawings for additional access and staging information.

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-9 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

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 7 of 29

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.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The

Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

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

http://www.biopreferred.gov/

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 8 of 29

SECTION E – INSPECTION AND ACCEPTANCE

E-1 FAR 52.246-12 Inspection of Construction. (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

F-1 FAR 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 October 31, 2019. The time stated for completion shall include final cleanup of the premises.

F-3 Start Work. Work will start when the contractor is issued a Notice To Proceed (NTP), following the award of the contract, (approximatly September 23, 2019). Work shall proceed in accordance with the Contractor’s approved work schedule and run continuously until the end of the project no later than October 31, 2019.

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 9 of 29

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 AGAR 452-215-73 Post Award Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held before work begins, after date of contract award. The conference will be held at a location to be determined as agreed upon.

G-2 Government Furnished Source/Property. See Forest Service Supplemental Specification (FSSS) 153 for more information.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.236-4 Physical Data. (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

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

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

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

Quality Control (see Section 153 Contractor Quality Control)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-3 Fire Control.

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the

Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under

(2) and (4) below, shall count toward fulfillment of the above requirement. All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 10 of 29

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle.

An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

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

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

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

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

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

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

(10) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 11 of 29 prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

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

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

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

Government will provide the patrolman.

(11) Pump and Trailer. Pump and Trailer or Truck. During Stage I or II fire restrictions the following shall be required:

The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity which shall be mounted to a live hose reel with a minimum of

100 feet of hose not less than (3/4) inch INSIDE diameter of non-collapsible (booster) hose with combination nozzle. Hose shall be connected to the water supply.

The tank shall be attached to the chassis frame or to a structurally sound flat bed in such a way to withstand pitch, roll and yaw of the load during on and off road operation of the unit without damaging the tank or other chassis components.

The pump may be an auxiliary powered pump or a power take-off pump with discharge capacity of a minimum 10 gallons per minute at 100 P.S.I. pressure. All pumps shall have a discharge pressure gauge. If the pump is of the positive displacement type, a bypass or pressure relief valve shall be provided. The pump as mounted shall be capable of drafting water from a source located 10 vertical feet below the pump head through the required 20 feet of suction hose. A portable pump capable of filling a 100 gallon tank in 10 minutes or less may be substituted in order to meet the fill time requirements.

Each Pump and Trailer or Truck unit shall have an additional fitting for 250 feet of ¾ inch garden type hose

(capable of withstanding the required pressure), two ¾ inch gated wyes, and 4 hose nozzles of the shut-off type, adjustable for straight stream, spray, or fog.

A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the trailer or truck and accessible by the operator shall be required. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6 year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.

Tools, adapters, accessories and fuel necessary to operate the pump and trailer or truck shall be provided. If a trailer is used, the proper tow hitch shall require a 2 inch ball, a serviceable vehicle and shall be located at point satisfactory to the Contracting Officer. Fill sites shall be identified prior to use, and equipment shall be field tested in the presence of an inspector.

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

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

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

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

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

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 12 of 29

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

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the

Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 4 – Noxious Weed Control

This project lies within a weed management district which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: (1) a project or jobsite, (2) a county, (3) two or more counties, or (4) a National Forest.

Noxious weeds are identified as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the

State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

To help stop the spread of noxious weeds, the Contractor shall be required to wash all “earth-moving” construction equipment prior to entering the weed management district (this does not include personal vehicles, dump trucks, service trucks, material delivery trucks, lowboys, or trailers). Prior to move-in, all “earth-moving” construction equipment shall be washed with a pressure washer that is capable of producing enough force to thoroughly remove all organic and mineral debris from the machine. Before moving the equipment into the district, it shall be inspected and approved by the Contracting Officer or designated representative.

Payment for equipment washing shall be incidental to other pay items DESIGNATED IN THE

SCHEDULE OF ITEMS and no separate payment will be made.

H-5 Loss, Damage, Destruction or Repair of Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

H-6 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-7 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-8 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). Although the http://www.ipp.gov/

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 13 of 29 expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the

CPARS system.

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

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may 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.

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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 address: http://www.acquisition.gov/far.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-7 System for Award Management (OCT 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kasperky Lab and Other Covered Entities (JUL 2018)

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)

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)

52.216-7 Allowable Cost and Payment – Alternate I (FEB 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-13 Notice of Set-Aside of Orders (NOV 2011)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2018)

52.222-5 Construction Wage Rate Requirements – Secondary Site of Work. (MAY 2014)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (AUG 2018)

52.222-9 Apprentices and Trainees (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 (SEP 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)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-55 Minimum Wages Under Executive order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) http://www.acquisition.gov/far

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 15 of 29

52.223-3 Hazardous Material Identification and Material Safety Data – 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 (AUG

2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (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 (AUG 2018)

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)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes – 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)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules. (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984)

52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012)

52.246-12 Inspection of Construction (AUG 1996)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering--Construction (OCT 2015)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 16 of 29

52.249-14 Excusable Delays (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)

452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction Contracts. (NOV 1996)

452.232-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-75 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (Sept 2013)

(a) In the performance of this contract, the Contractor shall make maximum use of biobased products that are

United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I-3 52.225-9 Buy American–Construction Materials. (May 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material http://www.biopreferred.gov/ http://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 17 of 29 regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_5.html#wp1077123

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 18 of 29 determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting

Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I-4 FAR 52.228-13 Alternative Payment Protections. (JULY 2000)

(a) The Contractor shall submit payment protection.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 5 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I-5 AGAR 452.228-70 Alternative Forms of Security. (NOV 1996) If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to:

USDA Forest Service.

I-6 AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts. (NOV

1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at

Construction RFQ 12034319Q0213 Gateway Road Reconstruction Page 19 of 29

FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefore not included in the contract price.

I-7 FAR 52.236-7 Permits and Responsibilities. (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

I-8 FAR 52.252-4 Alterations in Contract. (APR 1984) Portions of this contract are altered as follows:

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

I-9 FAR 52.252-6 Authorized…