Complete_Solicitation_12035519R0001.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12035519R0001 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 59804

Offers Are Solicited For:

PROJECT

Road #3123 Reconstruction Project Sioux Ranger District Custer-Gallatin National Forest Harding County, South Dakota

12035519R0001 Road #3123 Reconstruction Project

Custer Gallatin National Forest

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 - 5

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS 6 - 11

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Project Magnitude C- 4 - Erionite C- 5 - Biobased Product Utilization C- 6 - Government-Furnished Property C- 7 - Standard Specifications C- 8 - General Specifications C- 9 - Special Project Specifications C-10 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE 12

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 13

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work

SECTION H - SPECIAL CONTRACT REQUIREMENTS 14 - 17

H- 1 - Clauses Incorporated by Reference H- 2 - Key Personnel H- 3 - Emergency Response H- 4 - Incidental Payment Items H- 5 - Conformity with Drawings and Specifications H- 6 - Samples, Tests, Cited Specifications H- 7 - Barricades, Warning Signs, and Other Devices H- 8 - Weed Free Equipment H- 9 - Landscape Preservation

H-10 - Invoice Processing Platform (IPP) H-11 - Contractor Performance Assessment Reporting System H-12 - Prework Conference

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 18 - 32

I- 1 - Clauses Incorporated by Reference I- 2 - Paid Sick Leave Under Executive Order 13706

Custer Gallatin National Forest

I- 3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I- 4 - Buy American - Construction Materials I- 5 - Bid Guarantee I- 6 - Performance and Payment Bonds - Construction I- 7 - Alternative Forms of Security I- 8 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I- 9 - Permits and Responsibilities I-10 - Authorized Deviations in Clauses I-11 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 33

J- 1 - Wage Rate Decision No. SD190001 J- 2 - Special Project Specifications J- 3 - Drawings

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 34 - 41

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 K- 4 - Violation of Arms Control Treaties or Agreements - Certification

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 42 - 49

AND RESPONDENTS

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

L- 4 - Facsimile Proposals and E-Mail Proposals L- 5 - Instructions for the Preparation of Technical and Business Proposals L- 6 - Amendments to Proposals L- 7 - Type of Contract L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-10 - Notice of Buy American Requirements - Construction Materials L-11 - Service of Protest L-12 - Site Visit (Construction) Alternate I L-13 - Preparation of Proposals – Construction L-14 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD 50

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12035519R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

May 14, 2019

PAGE OF PAGES

1 50

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

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

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

9. FOR INFORMATION

Email:

a. NAME dale.reckley@usda.gov

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 number, date):

Sioux Ranger District

Project Magnitude The estimated price magnitude is: Between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days 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 (see L-5) copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time June 13, 2019. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

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

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

NUMBER

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 59804

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

STANDARD FORM 1442 (REV. 8/2014) BACK

http://www.ipp.gov/

SECTION B - SUPPLIES OR SERVICES AND PRICES

Sioux Ranger District

B- 1 Schedule of Items

Item Number Description Pay Unit

Estimated Quantity Unit Price Total

15101 Mobilization LS All XXXXXX $_________

15202 Slope, Reference, Clearing and Grubbing Stakes; Method I, Tolerance B

*Mile 2.74 $________ $_________

15801 Watering for Dust Control Gallon 200,000 $________ $_________

20101 Clearing and Grubbing, Tops and Limbs Method j, Logs Method i, Stumps Method c

LS All XXXXXX $_________

20401

Roadway Excavation and Embankment, Compaction, Placement Method 2, Tolerance Class E

*CY 16,013 $________ $_________

21102 Roadway Obliteration, Method 1 LS All XXXXXX $_________

30103 Aggregate Base Grading Pit Run Scoria, Compaction Method C *CY 6,352 $________ $_________

30115a Aggregate Surfacing Course, Grading F, Compaction Method C *CY 5,408 $________ $_________

30115b

Aggregate Surfacing Course, Grading F, Compaction Method C (Road #3818 and #3819, Cattleguards)

*CY 120 $________ $_________

Item Number Description Pay Unit

Estimated Quantity Unit Price Total

30115c Aggregate Surfacing Course, Grading F, Compaction Method C (Road Approaches)

*CY 50 $________ $_________

60201a 18" Pipe Culvert, Type Metal, Compaction Method 6 LF 400 $________ $_________

60201b 48" Pipe Culvert, Type Metal Compaction Method 6 LF 62 $________ $_________

60212

18" Pipe Culvert, Type Metal, Stockpiled at Sioux Ranger Station (8-14', 8-16', and 8-18' sections with bands and hardware)

LF 384 $________ $_________

61903

Cattleguard with Concrete Bases, Wings, Object Markers, Bypass Gate, Posts and Fencing, Compaction Method 6

EA 2 $________ $_________

61907

Remove and Reset, Transport and Install Existing 16’ Cattleguards with Concrete Bases and Wings, Object Markers, Bypass Gate, Posts and Fencing, Compaction Method 6

EA 2 $________ $_________

62201 Rental Equipment, Type Excavator HR 20 $________ $_________

62512 Seeding, Type Dry Method LS All XXXXXX $_________

62513 Fertilizer, Type Dry Method LS All XXXXXX $_________

63501 Temporary Traffic Control LS All XXXXXX $_________

TOTAL (ALL ITEMS) $____________________

Note: All quantities are Actual Quantity unless marked with an (*).

(*) Denotes Contract Quantity items.

Custer Gallatin National Forest

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.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

(a) Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

(b) Description of Work. The work shall be performed on Road #3123. Work on the road shall include:

• Road realignment and reconstruction

• Furnishing and installing culverts and cattleguards

• Furnishing and placing Erionite-free aggregate surfacing

• Removing, hauling and placing two salvaged cattleguards and bases

C- 2 Project Location

The project is located on the Sioux Ranger District, Custer Gallatin National Forest. The Site is approximately 100 miles north of Belle Fourche, South Dakota, 25 miles north of Buffalo, South Dakota, and 30 miles south of Bowman, North Dakota.

The Site can be accessed by turning west off of U.S. Highway 85 onto the Tufte Road and then turning South off the Cox Road onto Fuller Pass Road #3114 to the beginning of the project on Road #3123.

One salvaged cattleguard grid with bases and new associated fencing shall be installed at the staked location on Road #3818 Speelmon Creek – T2S, R61E, Sec. 28, SE ¼.

The second salvaged cattleguard with bases and new associated fencing shall be installed at the staked location on Road #3819 Belltower Divide – T2S, R61E, Sec. 33, NE ¼.

C- 3 Project Magnitude

Government Cost Estimate, per FAR 36.204, is between $1,000,000 and $5,000,000.

C- 4 Erionite

Roads in the project area may contain Erionite, a zeolite mineral that, in its fibrous form, may have properties similar to asbestos. Erionite may pose health risks to those who breathe in the fibers. The Contractor shall take measures to mitigate the risk of airborne exposure from sediment and Erionite. All aggregate imported to the site shall be tested by the Contractor and shall be non-detect for Erionite by the Polar Light Microscopy (PLM) method. Contractor shall submit test results showing pit location, name, and lab test results before any aggregate is imported to the site.

The State Line Pit located in Beulah, Wyoming, is owned by Fisher Industries and is a pre-approved Erionite Free pit for this project. Rodger’s Quarry near Sundance, Wyoming, is also a pre-approved Erionite Free pit for this project. No Erionite sampling is required if using either of these sources.

C- 5 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.

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 http://www.biopreferred.gov/

Custer Gallatin National Forest 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- 6 Government-furnished Property

The Contractor shall salvage two existing cattleguard grids with concrete bases and move to the designated location. The associated fencing will not be salvaged but shall be new installation at each site.

C- 7 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-14, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at https://flh.fhwa.dot.gov/resources/specs/.

Custer Gallatin National Forest

C- 8 General Specifications

• Work Schedule. The Contractor shall supply a work schedule before starting the project. The Contractor shall notify the Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

• Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely. The Contractor will be required to coordinate construction activities with other Contractors that may be working in the area. The Contractor shall be required to perform post project road maintenance on any road used during the course of construction including access routes according to Section 303 - Road Reconditioning.

• Traffic Control – The existing road may be closed Monday – Friday, 0700-1800 with proper approval and traffic control plan. The road shall be opened Friday at 1800 and passable to passenger vehicles for the weekend.

All road and traffic related signing shall be in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and according to the traffic control plan.

Perform work in a manner that ensures the safety and convenience of the public and protects the residents and property adjacent to the project. Accommodate public traffic on roads adjacent to and within the project until the project is accepted.

• Camping – Camping is not permitted on the site but may be permitted at Picnic Springs

Campground or other approved site as approved in writing by the CO.

• Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

• Security and Protection – Security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection.

Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barriers. Signing shall meet MUTCD Standards and advise the public of the work being done.

• Existing Utilities - The Contractor is responsible for location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractors expense.

Contact One Call prior to any ground disturbance. There are known range water pipelines near the road and crossing the road in some instances that will not be part of a locate service.

• Safety Plan - Contractor shall provide adequate safety briefings and ensure safe practices are followed by all personnel involved in the project. Emergency contact numbers shall be readily available onsite. A safety plan shall be submitted to the CO prior to starting work.

• Submittals - The Contractor shall submit Aggregate Sampling Plan, Work Schedule, Hazardous

Spill Plan, Traffic Control Plan, and Safety Plan. Submit to the CO 1 week prior to starting work.

The Contractor shall regularly update the Work Schedule. Contractor shall submit all test results, testing samples, weight tickets, shop drawings, and other submittals for approval. Contractor shall submit aggregate testing results and shall provide Erionite non-detect test results prior to furnishing aggregate to the project.

• Disturbances - The Contractor may work Monday through Friday excluding legal holidays unless approved in writing by the CO.

• Staging Area – As approved by the COR. The Contractor may utilize the Office Pad location for a job trailer along Road #3120. There is onsite electrical available to the Contractor for office trailer use. This may only be available on a first come basis and may or may not be available.

• Protection of Improvements - The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

• Water - There is no potable water available on this job. Contractor shall be responsible for all water including water for construction. Water for construction is not available on National Forest System lands. Water may be available from private sources and it is the Contractor’s sole responsibility to aquire permission and water. A previously used private water source that may be available is through Hunter Kaliesek (701) 523-1289.

• Toilet Facilities - The Contractor shall supply portable toilets to the project.

• Archaeological Sites – There are archaeological sites along the road that will be staked out and flagged by the Government. The Contractor shall avoid these sites completely.

• Cattleguard Grids – Pre-approved suppliers include True North Steel and Cow Country (Forest Service Style) Rapid City. Other suppliers that are not pre-approved shall meet the specifications and approval process.

• Cattleguard Bases – Pre-approved supplier is Baker Redi Mix. Other manufacturers of the bases that are not pre-approved shall meet the specifications and approval process.

• Scoria Sources - The Contractor is required to obtain their own Scoria sources and is responsible for all costs associated with the pit. There are multiple privately-owned Scoria pits located in the vicinity of the project. A previously used pit is owned by Hunter Kaliesek (701) 523-1289.

C- 9 Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

C- 10 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) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after beginning work. The time stated for completion shall include final cleanup of the premises.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

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

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit 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 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- 4 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- 5 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- 6 Samples, Tests, Cited Specifications

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

H- 7 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.

Custer Gallatin National Forest

H- 8 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- 9 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-10 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.

http://www.ipp.gov/

Custer Gallatin National Forest

H-11 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-12 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky 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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 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) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 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 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014)

Custer Gallatin National Forest

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 (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY

1995) 52.223-6 Drug-Free Workplace (MAY 2001) 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) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 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) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (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)

Custer Gallatin National Forest

52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2019) 52.245-1 Government Property (JAN 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 III

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

I- 2 FAR 52.222-62 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.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(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…