Sol_No_1205G219R0001.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1205G219R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/26/2019

PAGE OF PAGES

1 52

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Olympic National Forest, AQM, Contracting North 1835 Black Lake Blvd., Suite A Olympia, WA 98512

Olympic National Forest, AQM, Contracting North 1835 Black Lake Blvd., Suite A Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME

Miley Sutherland

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

(360) 956-2471

SOLICITATION

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

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

FSR 29 M.P. 15.7 & 16.0 Culvert Replacement a.) This is a firm, fixed price contract.

b.) The period of performance for the Base Item: M.P. 15.7 is AUG. 1, 2019, to SEPT. 15, 2019. If the

Base Item M.P. 15.7 and Option Item M.P. 16.0 are awarded the performance period is JUL. 15, 2019, to

SEPT. 15, 2019;

c.) This is a ‘Best Value” solicitation. See additional requirements in Sections L and M of this solicitation.

d.) This acquisition is a Total Small Business set-aside.

e.) The Government Estimate for both items combined is between $100,000.00 and $250,000.00.

f.) Offeror shall submit proposal as: (1) one paper copy, or (2) one pdf copy submitted by email to msutherland@fs.fed.us .

11. The Contractor shall begin performance within 30 calendar days and complete it within 106 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See F.2.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:30 pm (hour) local time 04/25/2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:msutherland@fs.fed.us

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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 or 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. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

FSR 29 M.P. 15.7 & 16.0 Culvert Replacement Pacific Ranger District, Olympic National Forest

Clallam County

B- 1 - SCHEDULE OF ITEMS

The Forest Service intends to award the Base Item: M.P. 15.7 on or before May 31, 2019. If funds are available before June 21, 2019 the CO may award the Option Item: M.P. 16.0 and increase the work window.

Optional items may be awarded. Optional item 1 requires backfill material to be generated and imported from Calawah Pit, FSR 2900015. Optional item 2 requires backfill material to be furnished by the

Contractor, commercial source & weed free.

B.1.1 BASE ITEM: FSR 29 M.P. 15.7 Base Items (Site 1)

NO.

DESCRIPTION UNI

T

QUANTIT

Y

UNIT

PRICE

TOTAL

COST

15103 Mobilization LS 1 $ $

15206 Construction Surveying & Staking Method I, Tolerance B

LS 1 $ $

15407 Contractor Testing LS 1 $ $

15716 Soil Erosion LS. 1 $ $

20109 Clearing & Grubbing, Disposal of Tops &

Limbs J, Logs J, Stumps J

20308 Removal of Existing Culvert Each 1 $ $

20417a Excavation Cu. Yd. 367 $ $

20417b Excavation, Suitable Material Compaction Cu. Yd. 93 $ $

20417e Excavation, Unsuitable Material Cu. Yd. 274 $ $

25101 Placed Riprap, Class 4A Cu. Yd. 124 $ $

32203 Aggregate Base, Grading D, Compaction D

Cu. Yd. 63* $ $

60208 60” Corrugated Steel Pipe, 0.138” thickness, Galvanized, 3”x1” Corrugations , INSTALL

60211 60” Corrugated Steel Pipe, 0.138” thickness, galv., 3”x1” Corrugations , MATERIALS

Foot 54* $ $

62530 Seeding & Mulching, Dry Method LS 1 $ $

63501 Temporary traffic control LS 1 $ $

TOTAL

PROJECT

BASE WORK

B.1.1 (a) FSR 29 M.P. 15.7 Option 1

DESCRIPTION UNIT QUANTITY UNIT

PRICE

20404 Select Borrow, USFS Pit Cu. Yd. 93 $ $

Government Source TOTAL

OPTION 1

B.1.1 (b) FSR 29 M.P. 15.7 Option 2

DESCRIPTION UNIT QUANTITY UNIT

PRICE

20407 Select Borrow, Commercial Source Cu. Yd. 93 $ $

Commercial Source TOTAL

OPTION 2

B1.1.2 OPTION ITEM: FSR 29 M.P. 16.0 Base Items (Site 2)

DESCRIPTION UNIT QUANTITY UNIT

PRICE

TOTAL

15103 Mobilization LS 1 $ $

15206 Construction Surveying & Staking

Method I, Tolerance B

15407 Contractor Testing LS 1 $ $

15716 Soil Erosion LS. 1 $ $

20109 Clearing & Grubbing, Disposal of

Tops & Limbs J, Logs J, Stumps J

20308 Removal of Existing Culvert Each 1 $ $

20417a Excavation Cu. Yd. 1116 $ $

20417b Excavation, Suitable Material

Compaction

Cu. Yd. 291 $ $

20417e Excavation, Unsuitable Material Cu. Yd. 825 $ $

25101 Placed Riprap, Class 4A Cu. Yd. 180 $ $

32203 Aggregate Base, Grading D, Compaction D

Cu. Yd. 112* $ $

60208 60” Corrugated Steel Pipe, 0.138” thickness, Galvanized, 3”x1”

Corrugations , INSTALL

60211 60” Corrugated Steel Pipe, 0.138” thickness, galv., 3”x1” Corrugations

MATERIALS

Foot 76* $ $

61408 Lean Concrete Backfill Cu. Yd. 20* $ $

62530 Seeding & Mulching, Dry Method LS 1 $ $

63501 Temporary traffic control LS 1 $ $

PROJECT

BASE

WORK

B.1.2 (a) FSR 29 M.P. 16.0 Option 1

DESCRIPTION UNIT QUANTITY UNIT

PRICE

20404 Select Borrow, USFS Pit Cu. Yd. 291 $ $

Government Source TOTAL

OPTION 1

B.1.2 (b) FSR 29 M.P. 16.0 Option 2

DESCRIPTION UNIT QUANTITY UNIT

PRICE

20407 Select Borrow, Commercial Source Cu. Yd. 291 $ $

Commercial Source TOTAL

OPTION 2

* Items shown with this symbol are designated as Actual Quantities

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.

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

Be sure to enter TOTAL PRICE IN Item 17 on back of Standard Form 1442.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

Forest Road 29 M.P. 15.7 & 16.0 Culvert Replacement Project work consists of the following major items of work: clearing and grubbing, removal of a roadway fill and an existing culvert(s), installing a new 60-inch diameter culvert pipe(s) 0.138” thickness (including all commercially supplied bedding material), suitable borrow screening and sorting, constructing a new reduced roadway fill with a riprap headwall, rock stablized slope and outlet spillway, supplying & installing new roadway surfacing, sampling & testing, compaction testing, haul of excavated material & borrow and seeding and mulching.

The selection of one of two optional items may determined at award by the C.O. (commercial source borrow or a government furnished source).

C.2 PROJECT LOCATION

This project is located on the Pacific Ranger District of the Olympic National Forest, Section 9, Township 28N, R11W, near Forks, Washington. It may be reached by traveling North on HWY 101 for approximately 2 miles out of Forks, Washington, then take a right at the Junction with Forest Service

Road 29. The project sites are located at approximately mile post 15.7 & 16.0 .

a) Existing Conditions:

The indications of existing conditions on the drawings and specifications are the result of on-site facilities inspections, and reviews of incomplete construction and maintenance records.

b) Weather Conditions:

Weather conditions suitable for ground excavation are normally expected in July through

November. Rain, sometimes heavy, is normal throughout the winter, with periods of light to moderate snowfall. Night freezing is common throughout the winter and several periods of weeklong freezes are likely.

c) Operating Season: Inclusive dates during which operations are permissible. The start date will be adjusted to 07/15 (July 15th) if two sites are awarded before June 21, 2019.

Activity Start

Date

End

Date

Restrictions

Construction Season 08/1 09/15 All construction activities must be completed by 09/15/2019

Hand Tools 08/1 09/15

Power Tools / 2 Chainsaws 08/1 09/15

Machinery / Car Traffic 08/1 09/15

Heavy Machinery 08/1 09/15

Time of Day Restriction 08/1 09/15 Operations restricted to between 2 hours after sunrise and 2 hours before sunset

In-Stream Work Dates 08/1 09/15

Notes – Noise Limitation:

Power Tools/2 Chainsaws - any power tools with noise output is no more than two operating chainsaws.

Machinery/Car Traffic - any machinery with noise output is limited to normal vehicular traffic at site (e.g. small excavator/backhoe).

Helicopter/Heavy Machinery - any machinery with noise output is greater than normal vehicular traffic at site.

d) Pre-bid Conference:

None scheduled.

C.3 AVAILABILITY OF SPECIFICATIONS OR PRODUCT DESCRIPTIONS NOT LISTED

IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS (FAR 52.210-3)

(APR 1984)

Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

Specification Address

Standard Specifications For

Construction of Roads and

Bridges on Federal Highway

Projects

FP-03

U.S. Customary Units

Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm or https://flh.fhwa.dot.gov/resources/specs/fp-03/

ASTM Standards American Society for Testing and Materials

P.O. Box C700

100 Bar Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

AASHTO Standards American Association of State

Highway and Transportation Officials

444 North Capitol Street, NW

Suite 249

Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm http://www.astm.org/ http://www.aashto.org/

C.4 APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units.

Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

The Forest Service Supplemental Specifications to the FP-03 are also given on the Specification

List but are physically attached in Section J. All requirements contained on the Specification

List are hereby made a part of this solicitation and any resultant contract.

(b) Product Substitution:

Any modification of other items, designs, materials, products or equipment (including

Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting

Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

Shop Drawings Submittals:

The following shop drawings shall be submitted on this project (4 sets unless noted):

Title Referenced by

Specification

No.

Time Allowed for Govt.

Review After

Submittal

NA

(c) Material Certification, Testing Reports and Submittals:

Brief Title Basic

Reference

Specification

Detailed

Regulations

Specification

Copies

To

Submit

Time for

Government

Approval After

Total Submittal

EROSION CONTROL PLAN 157 104.3 3 21

DEWATERING PLAN 208 HPA/MOU 3 14

SELECT BORROW 204 704.06 3 21

RIPRAP ROCK 251 705.02 3 21

AGGREGATE BASE &

SURFACING

301 703-2, Grading D

3 21

STEEL PIPE STRUCTURES 602 707.02 3 21

STRAW (WEED FREE) 713 713.13 3 21

(d) General Guidelines for Submittals:

Submittals are required by their corresponding specifications (basic reference & detailed requirement).

Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include the following:

Date and Revision Dates.

Project Name and Contract Number.

Names of Contractor, Subcontractor, Supplier, and Manufacturers.

Field Dimensions and Relation to Adjacent Structures.

Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical samples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts.

Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 14, calendar days of their receipt by the Contracting Officer or COR.

C.5 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-

73)(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.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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):

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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):

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 __30__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the project within 106 calendar days. The time stated for completion shall include final cleanup of the premises.

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 within __30__ days after the date of award.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: ______________"

G.4 GOVERNMENT-FURNISHED PROPERTY

Property to be Furnished Delivery Point Time of Delivery

Seeding of Item No. 62530 FSR 15.7 and/or 16.0 Jobsite To be Determined

Mulch is contractor provided

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EMERGENCY CONTROL (USDA 452.236-77) (JUL 1985)

Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

H.2 LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

a. Contractor shall minimize sediment laden water from entering the stream. Install check dams and sediment fences as necessary to minimize the entry of silt-laden water into streams or other water bodies.

b. Dewater any live streams prior to culvert removal or other in stream work.

c. Seed and mulch all disturbed areas within 7 days of completing the project.

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, and damage to vegetation or structures outside the clearing limits shall be repaired 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.).

c. Pollutants such as fuels, lubricants, bitumen, 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 from concrete or aggregate operations shall not be allowed to enter live steams 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.

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

Contracting Officer.

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and

Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered professional engineer.

H.3 CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service.

The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The

Contractor shall certify in writing, compliance with the above requirements.

“Off-road Equipment” includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H.4 PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the

LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval not later than two weeks prior to start of work. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer.

The Contractor shall take action consistent with the plan before suspending activity on the site(s).

Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the

LANDSCAPE PRESERVATION clause.

H.5 INDUSTRIAL FIRE PRECAUTION LEVELS

The Contractor shall comply with the operations restrictions in accordance with the Washington

State Industrial Fire Precaution Level (IFPL) system. The IFPL system is used to help prevent wildfires by regulating work in the woods during the summer fire season.

The US Forest Service and the Washington DNR use the four-level industrial regulation system.

The Precaution Levels are:

Level I Closed Fire Season Fire equipment and fire watch service is required.

Level II Partial Hoot Owl Limits certain activities to between the hours of 8 p.m. and 1 p.m.

Level III Partial Shutdown Prohibits some activities altogether and limits other activities to between the hours of 8 p.m. and 1 p.m.

Level IV General Shutdown All operations prohibited

Operation: Power Saws

Precaution Level Landing Tractor/Skidder Other Woods Saws

I. Closed Season Fire Watch Fire Watch Fire Watch

II. Partial Hoot Owl Fire Watch Hoot Owl Hoot Owl

III. Partial Shutdown Hoot Owl Hoot Owl Prohibited

IV. General Shutdown Prohibited Prohibited Prohibited

Other Operations

Precaution Level Loading Blasting Welding

I. Closed Season Fire Watch Fire Watch Fire Watch

II. Partial Hoot Owl Fire Watch Hoot Owl Hoot Owl

III. Partial Shutdown Hoot Owl Hoot Owl Hoot Owl

IV. General Shutdown Prohibited Prohibited Prohibited

This project is located in one of the following zones:

652NE Northern portion of the Hood Canal RD

652SE Southern portion of the Hood Canal RD

652NW Northern portion of the Pacific RD

652SW Southern portion of the Pacific RD

The Fire Precaution Class can be found at: http://fortress.wa.gov/dnr/ifpl/IFPL.aspx or by calling 1-

800-527-3305.

H.6 USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility http://fortress.wa.gov/dnr/ifpl/IFPL.aspx regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those

Forest Service Roads designated below for performance of work under this contract.

Road No. Road Termini Authorizations, Restrictions or

Requirements

Maintenance

Required

29 0.00 – 16.2 None *Restore to pre-project conditions

2900015 Pit Access None *Restore to pre-project conditions

2900110 Disposal Site Access None *Restore to pre-project conditions

*Spot Rock and Blade Access Roadway to restore to pre-project conditions

Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest

Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload permits. Forest Service overload permit application forms for this project may be obtained from the COR. Submit an overload permit application for approval 30 days prior to the planned activity.

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):

http://www.dm.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

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

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (APR 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreement 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)

52.204-22 Alternative Line Item Proposal (JAN 2017)

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)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

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

52.219-8 Utilization of Small Business Concerns (OCT 2018)

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

52.222-3 Convict Labor (JUNE 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(MAR 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)

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)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employees 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)

52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 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)

52.228-5 Insurance—Work on a Government Installation (JAN 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)

52.228-15 Performance and Payment Bonds – Construction (OCT 2010)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

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 (JUNE 2013)

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

52.233-1 Disputes (MAY 2014)

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)

52.236-15 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)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) --

Alternate I (SEP 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

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I.2 FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor no later than January 30, 2019. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.3 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 not later than—

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

(ii) At the end of contract performance.

I.4 FAR 52.225-9 BUY AMERICAN ACT—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— http://www.biopreferred.gov/ http://www.sam.gov/

(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 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--

(1) 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

(2) 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 the 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 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).]

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.5 FAR 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the offer due date and time, may be cause for rejection of the offer.

(b) The Offeror shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful offerors as soon as practicable after contract award; and

(2) To the successful offeror upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the offer as accepted.

(c) The amount of the bid guarantee shall be __20__ percent of the offer price or $50,000.00, whichever is less.

(d) If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 21 days after receipt of the forms by the Offeror, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the Offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee is available to offset the difference.

I.6 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.7 ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

Title Pages

J.1 Definition and Acronyms 3

J.2 Standard Specification Index 13

J.3 Supplemental Specifications 77

J-4 RD 29 M.P. 15.7 Plans 9

J-5 RD 29 M.P. 16 Plans 9

J-6 WDFW USFS MOU 2012 Combined Executed 80

J-7 Wage Determination WA190001 02/15/2019 abbr. 10

J-8 PNW Fire Protection and Suppression 9

J-9 Bid Bond 2

J-10 Payment Bond 2

J-11 Performance Bond 2

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

K.1 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All.

NAICS Code: 237310 – Highway, Street, and Bridge Construction

Size Standard: $36.5 million.

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

K. 2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is

237310 – Highway, Street, and Bridge Construction.

(2) The small business size standard is $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not…