1240BH21R0013-RFP_SolicitationPacket.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1240BH21R0013

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

04/15/2021

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

1031566

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO: Email or eFax Submissions Only

USDA Forest Service Siuslaw National Forest ATTN: Janet Paul, Contracting 3200 SW Jefferson Way Corvallis, OR 97331

Note: Due to COVID-19 all proposal documents must be either emailed, or faxed, as follows:

Email: sm.fs.conwest@usda.gov (ATTN: Janet Paul) Or eFAX: 866.230.8120 (ATTN: Janet Paul)

9. FOR INFORMATION

CALL:

A. NAME

Janet Paul

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

541.750.7120

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):

GAOA Road 42 Asphalt Reclamation Paulina Ranger District, Ochoco National Forest, Crook County, Oregon

See Section B.2 for specifics regarding an on-site pre-bid meeting scheduled for April 22, 2021

See Section L.2 and Section M for Submittal Instructions and Requirements

Price Range:

The Government's estimate for Base and All Option Items is between $1,000,000 and $5,000,000

Technical Contact is: Justin Nettleton, Ochoco NF, 541.410.1865, justin.nettleton@usda.gov

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN

SMALL BUSINESSES WILL BE REJECTED.

11. The contractor shall begin performance within 10 calendar days and complete it within See Section F calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F)

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 copy to perform the work required are due at the place specified in Item 8 by 4:00 PM (PST) local time 05/17/2021 (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)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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, requisitions identified on this form and any continuation sheets for the consideration slated 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)

Solicitation No: 1240BH21R0013 Project Name: GAOA Road 42 Asphalt Reclamation

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS (Page 1 of 6)

BASE ITEM:

ITEM

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Base

(2.5 Miles)

EST. QTY

4215 RD

(2.1 Miles)

UNIT PRICE

Base

TOTAL PRICE

Base

15101 Mobilization Lump Sum 1 $ $

15207 Grade finishing stakes, tolerance class B Mile 2.50 $ $

15401 Contractor testing Lump Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump Sum 1 $ $

20103A Clearing and grubbing, disposal

Method K

Mile 2.50 $ $

20103B Clearing and grubbing, disposal

Method K (4215 Road)

Mile 2.1 $ $

20304 Removal of Asphalt bridge surfacing, Disposal A

Square Yard*

249 $ $

20409 Subexcavation, tolerance class D Cubic Yard* 82 $ $

20429 Waste Cubic Yard* 334 25 $ $

25104 Keyed Riprap, Class 2 Cubic Yard* 56 $ $

30115 Aggregate Surface Course, Grading ODOT ¾”‐0, Compaction Method B

Ton 4,330 $ $

30202a Aggregate base, compaction method B, shoulder rock

Cubic Yard 472 $ $

30202b Aggregate base, compaction method

B, intersections and asphalt digouts

Cubic Yard 201 $ $

30301A Ditch reconditioning Mile 2.50 $ $

30301B Ditch reconditioning (4215 Road) Mile 2.1 $ $

30311A Aggregate surface reconditioning, Compaction A, (detour maintenance)

Mile 19

30311B Aggregate surface reconditioning, Compaction B, (4215 Road)

Mile 2.1 $ $

30501b Full Depth Reclamation with cement, 10” depth

Mile 2.50 $ $

40301 Asphalt Concrete Pavement, ODOT Level 2, ½” Dense PG 64‐28

Ton 5742 $ $

41102 Asphalt Prime Coat, Method 1, Ton 26 $ $

41801a Asphalt Pavement Patching, Type skin patch

Ton 400 $ $

41801b Asphalt Pavement Patching, Type Pothole Patch

Ton 50 $ $

61903a Cattle Guard, remove, replace base and reinstall

Each 1 $ $

61903b Cattle Guard, remove and reinstall Each 1 $ $

63501 Temporary traffic control Lump Sum 1 1 $ $

* = Contract Quantity

TOTAL BASE ITEM:

B.1 SCHEDULE OF ITEMS (Page 2 of 6)

OPTION ITEM 1:

ITEM

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Option 1

(4.25 Miles)

UNIT PRICE

Option 1

TOTAL PRICE

Option 1

15101 Mobilization Lump Sum 1 $ $

15207 Grade finishing stakes, tolerance class B Mile 4.25 $ $

15401 Contractor testing Lump Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump Sum 1 $ $

20103A Clearing and grubbing, disposal

Method K

Mile 4.25 $ $

20304 Removal of Asphalt bridge surfacing, Disposal A

Square Yard*

166 $ $

20409 Subexcavation, tolerance class D Cubic Yard* 140 $ $

20429 Waste Cubic Yard* 568 $ $

25104 Keyed Riprap, Class 2 Cubic Yard* 56 $ $

30202a Aggregate base, compaction method B, shoulder rock

Cubic Yard 802 $ $

30202b Aggregate base, compaction method

B, intersections and asphalt digouts

Cubic Yard 341 $ $

30301A Ditch reconditioning Mile 4.25 $ $

30311A Aggregate surface reconditioning, Compaction A, (detour maintenance)

Mile 19 $ $

30501a Full Depth Reclamation with cement, 8” depth

Mile 2.5 $ $

30501b Full Depth Reclamation with cement, 10” depth

Mile 1.75 $ $

40301 Asphalt Concrete Pavement, ODOT Level 2, ½” Dense PG 64‐28

Ton 9761 $ $

41102 Asphalt Prime Coat, Method 1, Ton 44 $ $

41801a Asphalt Pavement Patching, Type skin patch

Ton 450 $ $

41801b Asphalt Pavement Patching, Type Pothole Patch

Ton 50 $ $

61903a Cattle Guard, remove, replace base and reinstall

Each 2 $ $

63501 Temporary traffic control Lump Sum 1 $ $

TOTAL OPTION ITEM 1:

B.1 SCHEDULE OF ITEMS (Page 3 of 6)

OPTION ITEM 2:

ITEM

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Option 2 (3 Miles)

UNIT PRICE

Option 2

TOTAL PRICE

Option 2

15101 Mobilization Lump Sum 1 $ $

15207 Grade finishing stakes, tolerance class B Mile 3 $ $

15401 Contractor testing Lump Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump Sum 1 $ $

20103 Clearing and grubbing, disposal

Method K

Mile 3 $ $

20409 Subexcavation, tolerance class D Cubic Yard* 98 $ $

20429 Waste Cubic Yard* 401 $ $

25104 Keyed Riprap, Class 2 Cubic Yard* 28 $ $

30202a Aggregate base, compaction method B, shoulder rock

Cubic Yard 565 $ $

30202b Aggregate base, compaction method

B, intersections and asphalt digouts

Cubic Yard 241 $ $

30301 Ditch reconditioning Mile 3.0 $ $

30311 Aggregate surface reconditioning, Compaction A, (detour maintenance)

Mile 19

30501a Full Depth Reclamation with cement, 8” depth

Mile 3 $ $

40301 Asphalt Concrete Pavement, ODOT Level 2, ½” Dense PG 64‐28

Ton 6890 $ $

41102 Asphalt Prime Coat, Method 1, Ton 30 $ $

41801a Asphalt Pavement Patching, Type skin patch

Ton 3000 $ $

41801b Asphalt Pavement Patching, Type Pothole Patch

Ton 27 $ $

61903a Cattle Guard, remove, replace base and reinstall

Each 1 $ $

63402 Pavement markings type b Mile 19.25 $ $

63501 Temporary traffic control Lump Sum 1 $ $

TOTAL OPTION ITEM 2:

B.1 SCHEDULE OF ITEMS (Page 4 of 6)

OPTION ITEM 3:

ITEM

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Option 3

(AC Patching)

UNIT PRICE

Option 3

TOTAL PRICE

Option 3

41801a Asphalt Pavement Patching, Type skin patch

Ton 110

41801b Asphalt Pavement Patching, Type Pothole Patch

Ton 20

TOTAL OPTION ITEM 3:

OPTION ITEM 4:

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Option 4

(AC Patching)

UNIT PRICE

Option 4

TOTAL PRICE

Option 4

41801a Asphalt Pavement Patching, Type skin patch

Ton 350 $ $

41801b Asphalt Pavement Patching, Type

Ton 45 $ $

TOTAL OPTION ITEM 4:

OPTION ITEM 5:

NO.

DESCRIPTION PAY

UNIT

EST. QTY

Option 5

(AC Patching)

UNIT PRICE

Option 5

TOTAL PRICE

Option 5

41801a Asphalt Pavement Patching, Type skin patch

Ton 1090 $ $

41801b Asphalt Pavement Patching, Type

Ton 58

TOTAL OPTION ITEM 5:

GRAND TOTAL BASE AND ALL OPTION ITEMS:

B.2 SCHEDULE NOTES

(Page 5 of 6)

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151(01) Mobilization.

Payment will be made on actual work performed as described in FP-14 109.01. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-14.

See Section L.2 and Section M for Instructions to Offerors and Submittal Requirements.

Offerors must also provide a technical response to the Evaluation Criteria identified in Section M. If no response is provided, your offer will be considered non-responsive and removed from consideration.

Please provide your DUNS # and email contact:

DUNS Number: ________________________

EMAIL: ______________________________

Note: Per FAR 52.204-7(b)(1), System for Award Management (SAM), an Offeror is required to be registered in SAM when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment for any contract resulting from this solicitation. Information on registration may be obtained via: https://www.sam.gov. All Offerors must complete the electronic version of the Representations and Certifications in the SAM system.

B.2 SCHEDULE NOTES

(Page 6 of 6)

452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB (1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that you contact the following person and advise him of the number of persons who will attend:

COR: Justin Nettleton Phone: 541.410.1865 Email: justin.nettleton@usda.gov

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conferences will be held at the following locations for the corresponding line items and Forests listed in the Schedule of Items:

Date: Thursday, April 22, 2021 Time: 10:00 AM PST Location: Beginning of Project, intersection with Roads 42 & 4210 (see Section C.2) COVID-19: please follow all State of Oregon mask and social distancing requirements

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project is to perform Full Depth Reclamation (FDR) of existing asphalt and place an Asphalt Concrete (AC) surfacing on the finished FDR layer of a section of Road 42. The work includes pulverizing existing asphalt and mixing with existing base and added cement to make a stabilized base, constructing a new AC running surface on the prepared stabilized base, restriping, resetting cattle guards to new grade, removing and replacing asphalt running surfaces on two bridges that fall within project area, and upgrading intersecting road to meet new grade.

The project also includes asphalt patching (skin and pothole patching) of Road 42 outside of the FDR section.

C.2 PROJECT LOCATON (Crook County, Oregon)

42 Road FDR section: T.14 S., R.20 E., Section 14. From Prineville, Oregon travel East on US Highway 26 approx. 16 miles to County Road 23. Turn right onto County Road 23 and continue approx. 8.5 miles to Forest Road 42. Continue on FR 42 for approximately 10 miles to intersection with 4210 road. Beginning of FDR section (MP 0.0) is at the intersection of the 42 and the 4210 road. End of FDR section (MP 9.75) is at intersection of 42 and 30 road.

Asphalt Patching section (skin and pothole patching): Beginning at T.13 S., R.19 E., Section 35.

The 42 road starts at the intersection with the 22 road.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government’s estimate for Base and all Option Items is between: $1,000,000 and $5,000,000.

C.4 TECHNICAL SPECIFICATIONS

Standard and Supplemental Specifications for FP-14 shown in the specification listing contained in the attachments are applicable to this contract (see Section J). All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached

C.5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.6 FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-14 Publication No. FHWA-FLH-14-001

Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 Or from: https://flh.fhwa.dot.gov/resources/specs/.

Specification Address AASHTO Standards American Association of State Highway and Transportation Officials

341 National Press Building Washington, DC 20024

ACI American Concrete Institution Box 19150 Redford Station Detroit, MI 48219

ASTM Standards American Society for Testing Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

AWPA American Wood Preservers Association PO Box 849 Stevensville, MD 21666

FS Federal Specifications (GSA) Building 197, Washington Navy Yard, SE Washington, DC 20407

MUTCD Manual on Uniform Traffic Control Devices Superintendent of Documents U.S. Government Printing Office Washington, DC 20402

WCLIB West Coast Lumber Inspection Bureau PO Box 23145 Portland, OR 97223

WWPA Western Wood Products Association (Grading Rules) 1500 Yeon Building Portland, OR 97204

C.7 Submittals, Shop Drawings, Material Certifications and Testing Reports

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

The following submitatls shall be submitted on this project:

Title Referenced By Specification No.

Time of Government Approval after Submittal

Project Schedule FAR 52.236-15 14 days Health and Safety Plan (Accident Prevention) 107.08 14 days Traffic Control Plan 156 14 days Erosion Control Plan 157 14 days Fire Plan 14 days Staking/roadway reestablishment plan 152 14 days

The following shop drawings shall be submitted on this project:

Title Referenced By Specification No.

Time of Government Approval after Submittal

FDR w/ cement mix design 305 21 days Asphalt JMF 403 21 days Cattle Guard Base shop drawings. 619 & 601 21 days

The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced By Specification No.

Riprap 251 & 705 Aggregate 302 & 703 Full Depth Reclamation 305 Asphalt 403

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Inspection and Acceptance (AGAR 452.246-70) (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.

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.

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 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.236-15 Schedules for Construction Contracts

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 November 30, 2022. The time stated for completion shall include final cleanup of the premises.

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 28, 2021. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

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 TBD days after the date of contract award. The conference will be held at one of the following options: the Headquarters of the Ochoco National Forest (Prineville, OR); a mutually agreed upon location; or Microsoft Teams format.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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 or 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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observations and measurements.

(b) Weather conditions are typical East Cascade conditions at 4,500 ft. to 5,000 ft. elevations.

(c) Transportation facilities consist of gravel and paved Forest Roads and State Highways.

(d) Utility Services: None

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.

Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

Landscape Preservation and Hazardous Materials

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the 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) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If a spill of petroleum product should occur in water, the Contractor shall immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452- 0311 or 1-503-378-4124.

Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Traffic Control

Traffic Control shall conform with Section 635, and AS SHOWN ON THE DRAWINGS.

During Construction the site for the FDR work will be closed to the public. Patching work on lower section of the 42 road from intersection of 22 road to intersection with 4210 shall remain open to traffic with maximum of 30 min delays. Coordination with other contracts and land owners prior to closure is required.

Suitable warning signs shall be provided to properly control and direct traffic. All road barricades, warning signs, lights, temporary signals, flagman 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 Administrations and applicable safety codes.

Potential Safety Hazards

(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[x ] Temporary excavation/deep trenching/slope stability.

[x ] Tree falling.

[x ] Fall hazard from work heights exceeding six feet.

[x ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[x ] Heavy equipment operation.

[x ] Fire hazards.

[x ] Hazardous materials handling.

[x ] Hydraulic and/or pneumatic and/or other high pressure hazards.

[x ] Mechanical hazards such as pulleys, springs, etc.

[x ] Other: Hot asphalt

SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization.

Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) yellow starthistle (C. solstitialis) gorse (Ulex europaeus) rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

TANK TRUCK

In addition to the requirements under Fire Precautionary Measure 1 – Tank Truck (Section J), a tank truck is required during all contract operations.

PROSECUTION OF WORK

Construction activity shall be generally limited to the hours between 7:00 AM and 6:00 PM, Monday through Friday, unless other hours are approved in writing by the Engineer, or stated in the Project Specifications. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

SANITATION REQUIREMENTS

Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in road construction or in removing timber under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service.

Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect <N/A> all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads.

Unless agreed otherwise, trees will not be felled into such areas.

PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Drawings and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows: < blasting is prohibited >

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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 Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

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

52.202-1 Definitions (JUN 2020) 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 (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 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 (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (JUN 2020) 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 (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 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) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (JUN 2020) Alternate II (NOV 2016)

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020)

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (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 (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified

Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 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 Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) 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) 52.232-17 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) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (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)

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause—

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

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 within one year of award.

52.225-9 Buy American Act-Construction Materials (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

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

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition

Regulation (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.

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United…