1240LN21Q0030.pdf

1240LN21Q0030

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/02/2021 1032975

1 71

ATTN DANA BANGART

3710 FALLON STREET SUITE C

BOZEMAN MT 59718

USDA-FS PPS INTERMOUNTAIN CSA 3

10/30/2021

USDA FOREST SERVICE

DAKOTA PRAIRIE-SHEYNNE RNGR DIST

1601 MAIN ST

LISBON

ND 58054

406 624-3442DANA BANGART

06/16/2021 1630 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 08/01/2021 to 10/30/2021

0001 Iron Springs Box Culvert Bridge Guardrail Installation Project

Delivery: 10/30/2021 Contractor shall furnish all materials, labor, supervision, transportation, equipment, operating supplies, mobilization and incidentals necessary to complete the project in reasonably close conformity with drawings and specifications, and in accordance with provisions of the contract.

There is no formal site visit for this project.

Interested vendors are highly encouraged to visit the site prior to submitting a quotation. For Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1240LN21Q0030

information regarding the site, please contact

Naomi Zucker, McKenzie Ranger District at

701-842-8521 or naomi.zucker@usda.gov.

For information regarding the solicitation please contact Dana Bangart, Contract Specialist, PPS

Intermountain CSA #3 at 406-624-3442 or dana.bangart@usda.gov.

Please read Section L to understand what documents are needed with the quote package.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation No: 1240LN21Q0030 – RFQ Iron Springs Box Culvert Bridge Guardrail Installation Project

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS - BASE ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT DESCRIPTION AND LOCATION

C.2 GENERAL SPECIFICATIONS

C.3 SPECIFICATIONS

C.4 PROJECT DRAWINGS

C.5 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

H.1 SAFETY PLAN

H.2 CAMPING

H.3 FOOD STORAGE ORDER

H.5 SECURITY AND PROTECTION

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 EVALUATION CRITERIA FOR AWARD

1240LN21Q0030 – REQUEST FOR QUOTATION

IRON SPRINGS BOX CULVERT BRIDGE GUARDRAIL INSTALLATION PROJECT

SHEYENNE RANGER DISTRICT, DAKOTA PRAIRIE GRASSLANDS

RICHLAND COUNTY, NORTH DAKOTA

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS - BASE ITEMS

ITEM

NO.

DESCRIPTION

MTHD

of

MEAS

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Moblization LSQ LS 1 XXXXX $

20431 Excavation Removal Regrading &

Spreading

LSQ LS 1

XXXXX $

55601 Bridge Railing, Type T101 AQ LF 61 $ $

61701 Guardrail System, Approach W-Beam

(G4) Guardrail Type I, Class A

AQ LF 50

TOTAL $

B.2 SCHEDULE NOTES

*Method of Measurement

AQ - Actual Quantity LSQ - Lump Sum Quantity

The pay items in the Schedule of Items have suffixes that do not appear on the pay items in the specifications. They pertain only to sizes, classes, and/or types indicated in the item "Descriptions,” and are used by the Government for computer tabulation of quote schedules.

The quoter must quote all items. Round to the nearest cent.

Payment for bond premiums, or any costs associated with irrevocable letters of credit, in accordance with

Clause 52.232-5, Payments Under Fixed-Price Contracts, shall not be in addition to the contract price. A good place to incorporate bonding costs is under mobilization.

Price quotation furnished by:

Name Phone ( )

Address E-mail

DUNS # __________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT DESCRIPTION AND LOCATION

C-1.1 Description of Work: The services required by this contract are for furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to salvage aggregate surfacing, regrade approaches, install guardrail and approach rail, place salvaged surfacing.

Contractor is responsible for location of all utilities prior to ground disturbance activities and is responsible for repair of any damaged utilities at the Contractor’s expense.

C-1.2 Project Location: The project is located on the Sheyenne Ranger District, Dakota

Prairie Grasslands in the SW ¼ of the SE ¼ of Section 19, Township 135 North and

Range 52 West in Richland County, North Dakota. See attached maps.

C-1.3 Magnitude of Construction Project (per FAR 36.204(b)): Between $25,000 and $100,000.

C-1.4 Pre-Bid Tour: There will not be a pre bid tour of this project. Interested parties may contact Curtis Grudniewski at the Medora Ranger District at 701-227-7855 for directions to view the project site on their own. We recommend prospective bidders visit the site prior to submitting a bid.

C-1.5 Estimated Start Date/Period of Performance: It is anticipated that work will begin August 1, 2021. Work shall be completed within 60 days of the issuance of the

Notice to Proceed.

C-1.6 Submittals: As listed in the submittal log of section 153.07 of the FSSS’s.

C-1.7 Work Schedule: The Contractor shall supply a work schedule before starting the project. The Contractor shall notify the Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

C-1.8 Use of Roads by the Contractor: The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest

System resources, and when traffic can be accommodated safely.

C-1.9 Traffic Control: The contractor shall exercise due caution and care during road construction operations to prevent undue conflict with public users of the roads.

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

• All road and traffic related signing shall be in accordance with the Manual on

Uniform Traffic Control Devices (MUTCD).

• A reflectorized “Slow Moving” vehicle emblem shall be attached to all motor patrols.

• The Contractor is to post warning signs on both ends of the section being worked to warn the road users of the work in progress ahead.

C-1.10 Government Furnished Materials: None.

C.2 GENERAL SPECIFICATIONS

C-2.1 Standard Specifications: “Standard Specifications for Construction of Roads and

Bridges on Federal Highway Projects FP-14 (2014) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. The “Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects FP-14 (2014) are available electronically from the Federal Highways website:

https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/specs/12851/fp14.pdf

The following Standard Specifications are applicable to this contract:

As listed in the FSSS’s

C-2.2 Existing Facilities: In addition to the requirements of the Use of Premises

Clause, AGAR 452.236-70, all existing facilities such as signs, cattleguards and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government

C-2.3 Pollution and Erosion Control: During all operations under this contract, the

Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in an approved landfill in accordance with all local, State and Federal ordinances. Burial of waste on FS lands are not allowed.

C-2.4 During all the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

C-2.5 Noxious Weed Control: In order to prevent the potential spread of noxious weeds the Contractor shall be required to furnish proof of weed-free equipment. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/specs/12851/fp14.pdf https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/specs/12851/fp14.pdf the initial move-in. Prior to move-in the contractor shall make equipment available for

Forest Service inspection at an agreed location.

C.3 SPECIFICATIONS

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-14 for construction of National Forest

System Roads.

101 – Terms, Format, and Definitions

Add the following paragraph to Subsection 101.01:

101.01 Meaning of Terms.

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

Add the following to Subsection 101.03:

101.03 Abbreviations.

(a) Acronyms.

AGAR — Agriculture Acquisition Regulations

AFPA — American Forest and Paper Association

FSAR — Forest Service Acquisition Regulations

MSHA — Mine Safety and Health Administration

NESC — National Electrical Safety Code

WCLIB — West Coast Lumber Inspection Bureau

(f) Miscellaneous unit abbreviations.

MP — milepost location ppm — parts per million volume

STA station location

Make the following changes to Subsection 101.04:

101.04 Definitions.

Delete these definitions and replace the following:

Bid Schedule — The Schedule of Items.

Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “Purchaser”.

Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.

Drawings — (Public Works Contracts) Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction. Also refers to submissions and submittals.

Notice to Proceed — (Public Works Contracts) Written notice to the Contractor to begin the contract work.

Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line

(including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2)

Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Solicitation—(Public Works Contracts) The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Add the following definitions:

Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition

Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change — “Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Forest Service — The United States of America, acting through the Forest Service, U.S. Department of

Agriculture.

Neat Line — A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road — Temporary construction access built along the route of the project.

Purchaser — The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse — A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order — An order affecting and controlling traffic on roads under Forest Service jurisdiction.

Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Shop Drawings — (Timber and Stewardship Contracts) Referred to as “Drawings” in FP-14, include drawings, diagrams, layouts, schematics, descriptive literature, illustrations, lists or tables, performance and test data, and similar materials furnished by Purchaser to explain in detail specific portions of the work required by the contract.

Utilization Standards —

The minimum size and percent soundness of trees described in Public Works contract specifications or

Timber Sale and IRTC contract provisions to determine merchantable timber Add Figure 101-1—

Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

102 – Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

Delete Section 102.

103 - Scope of Work

Delete all of Section 103 except Subsection 103.01 Intent of Contract.

Delete Subsections 103.02, 103.03, 103.04, 103.05.

104 - Control of Work

Delete Subsections 104.01, 104.02, and 104.04.

Delete Subsections 104.01, 104.02, 104.04.

Add the following to Subsection 104.06:

104.06 Use of Roads by Contractor.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road

Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

106 - Acceptance of Work

Delete Subsection 106.01 and replace with the following:

106.01 Conformity with Contract Requirements.

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project.

When the Government tests work, copies of test reports are furnished to the Contractor upon request.

Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive.

The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the

Government.

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

1. Sampling method;

2. Number of samples;

3. Sample transport;

4. Test procedures;

5. Testing laboratories;

6. Reporting;

7. Estimated time and costs; and

8. Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the

Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol. If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

1. Have the work accepted at a reduced price; or

2. Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Delete Subsection 106.02 and replace with the following:

106.02 Visual Inspection.

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. Use prevailing industry standards in the absence of specific contract requirements or tolerances.

107 - Legal Relations and Responsibility to the Public

Delete Subsection 107.05

108 - Prosecution and Progress

Delete Section 108 in its entirety.

Delete Section 108.

109 - Measurement and Payment

Delete Subsections 109.06, 109.07, 109.08, and 109.09:

Delete the third paragraph and Table 109-1 of Subsection 109.01 and replace with the following:

109.01 Measurement of Work.

Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement

Subsection of the section controlling the work being performed. Table 109-1 indicates the accuracy required for quantities of the various pay units used in the Schedule of Items. Use this guide to determine the decimal placement in the final payment.

Table 109-1

Decimal Accuracy of Quantities for Final Payment

Pay Item Level of Precision

Linear Foot 1

Exception--Timber, Steel, and concrete Piles 0.1

Station 0.1

Mile 0.01

Square Foot 0.1

Square Yard 0.1

Each 1

Acre 0.01

Gallon 1

M-Gals. 0.1

Cubic Yard 1

Exception--Structure Excavation; Sheathing

Materials; Bedding, Bed Course, and Backfill

Materials; Gabions;

0.1

Exception--Concrete; Masonry 0.01

Pound 1

Ton 0.1

Exception--Calcium Chloride;

Sodium Chloride; Hydrated Lime;

Bituminous Materials; Pavements;

0.01

Bed Course Materials

Hour 0.1

MFBM 0.01

Station Yard 1

Cubic Yard Mile 1

Ton Mile 1

Add the following sentence to Subsection 109.02(b):

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

153 - Contractor Quality Control

Delete Subsection 153.02 and replace with the following:

153.02 Qualifications.

Submit the following for approval with the quality control plan:

(a) Quality control manager (QCM). Furnish a QCM who has at least 2 years’ experience in construction, inspector, quality control and material testing on construction projects of similar type and scope.

(b) Testers. Provide testers with at least one year experience in the type of sampling and testing required, and with one of the following for the type of sampling and testing performed:

(1) NICET Level II certification in highway material or equivalent state or industry certification;

(2) Certification by a regional certification program (such as Western Alliance for Quality

Transportation Construction (WAQTC), Northeast Transportation Technician Certification

Program (NETTCP), Southeast Task Force for Technician Training and Qualification (STFTTQ), or Multi Regional Training and Certification (M-TRAC)); or

(3) At least one year employment by an AASHTO accredited laboratory performing equivalent sampling and testing.

Add the following paragraph to the end of Subsection 153.03(b):

153.03 Quality Control Plan.

(b) Quality Control Procedures.

Submit written proposals for approval of alternate AASHTO or State approved test methods. Alternate methods may be allowed based on documented equivalence to the specified method.

Delete Subsection 153.07 and replace with the following:

153.07 Records and control charts.

Maintain complete testing and inspection records by pay item number and make them accessible to the

CO.

Add the following.

153.07. Project Submittals

At a minimum the contractor shall provide project submittals as shown on the Submittal Log below.

Submittal requirements are listed in the Standard Specifications, Supplemental Specifications, and

Drawings.

Submittal Log

Lo g

No.

Incidental to Pay

Item(s) Description of Submittal

Type of

Submittal

Requirement found in

Specification

No.

/Drawings

Additional

Specification

References

1 151 Submittal Schedule Schedule

2 151 Weed Free Material Source

Certification (If Necessary)

Material

Certification FSSS 105.02(b)

3 151 Hazardous Spill Plan Plan FSSS 107.10

4 151 Contractor Quality Control Plan Plan 153.02 552.09

5 151 Material Storage/Staging Plan Plan and

Description FSSS 151 Drawings

6 151 Traffic Control Plan Plan FSSS 156

7 556 Steel Bridge Railing Material

Certification 556, FSSS 556 Drawings

8 556 Steel Bridge Railing Shop Drawings FSSS 556 Drawings

9 617 Guardrail & Terminal End

Section

Material

Certification 710.06, 710.10 Drawings

155 - Schedules for Construction Contracts

Delete Section 155 in its entirety.

Delete Section 155.

156 - Public Traffic

Delete Section 156 in its entirety and replace with the following:

Section 156. – Public Traffic

Description

156.01 This work consists of controlling and protecting public traffic adjacent to and within the project.

Material

156.02 Conform to the MUTCD and the following Sections and Subsections:

Temporary Traffic Control 635

Construction Requirements

156.03 General. The Contractor shall provide road closed ahead signs at both entry points (east and west), with a placard indicating “Delays of 30 minutes or more – use alternate route”. The Contractor will be responsible for providing, installing, maintaining, and removing of the road closure signs during the construction period. The Contractor shall be responsible for providing, installing, maintaining, and removal of type 3 barricades (as necessary) during the work period.

The Contractor shall submit a traffic control plan to the C.O. 14 days prior to road closure.

Post construction signs and traffic control devices in conformance with MUTCD and Forest Service EM

7100-15. All required signs will be in place and approved prior to beginning work on project.

156.04 Temporary Traffic Control. Install and maintain temporary traffic control devices adjacent to and within the project as required by the approved traffic control plan and the MUTCD. Install and maintain traffic control devices as follows:

(a) Furnish and install traffic control devices before the start of construction operations.

(b) All detours outside of clearing limits will be approved in writing by the Contracting Officer as part of the traffic control plan.

(c) Install only those traffic control devices needed for each stage or phase.

(d) Relocate temporary traffic control devices as necessary.

(e) Remove devices that no longer apply to the existing conditions.

(f) Immediately replace any device that is lost, stolen, destroyed, or inoperative.

(g) Keep temporary traffic control devices clean.

(h) Remove all temporary traffic control devices upon contract completion or when approved.

(i) When required, use flaggers certified by the American Traffic Safety Services Association, the

National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags. Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.

156.06 Acceptance. Public traffic work will be evaluated under Subsection 106.02.

Measurement and Payment

156.07 Do not measure Public Traffic for payment. Payment for this item shall be incidental to

Mobilization.

203 - Removal of Structures and Obstructions

Delete and replace Subsection 203.01 with the following:

203.01 General.

This work consists of slash filter windrows, salvaging, removing and disposing of buildings, fences, structures, pavements, culverts, utilities, curbs, sidewalks, and other obstructions.

556 – Bridge Railing

Delete subsections 556.02 through 556.10 and replace with the following:

Install all bridge rail components in accordance with the Montana Department of Transportation’s (MDT)

– Standard Bridge Rail – Type T101 drawings and modifications shown on the Iron Springs Culvert –

Rail Retrofit Drawings.

Submit four sets of shop drawings to the CO for approval a minimum of 21 days before fabrication.

Measurement and Payment for the bridge rail work items will be in accordance with the FP-14

Specifications.

617 – Guardrail

617.04 Post Installation

Delete the sixth paragraph in its entirety.

C.4 PROJECT DRAWINGS

The following drawings are a part of this solicitation and any resulting contract:

Project Plans

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.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the

Government.

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

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)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 30, 2021.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 1, 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.

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 30 days after the date of contract award. The conference will be held at a date and time to be determined later.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY PLAN

(a) Will be required and submitted for approval to the CO prior to commencement of work.

H.2 CAMPING

(a) Before camping, the Contractor shall obtain a District Camping Permit, if required, from each

District the Contractor is working on through the Contracting Officer/Contracting Officer's

Representative.

(b) A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(c) Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping. (Trailer camping will be allowed at the trailhead near the Ibex Cabin.)

(d) In bear country there has been a special order on food storage and camping issued. Refer to section H-3 below for Food Storage requirements.

(e) The Government will make no special camping allowances for the Contractor within or near the project area. Arrangements with the local private landowners will be at the discretion of the Contractor.

H.3 FOOD STORAGE ORDER

(a) Within bear country there has been a special order on food storage and camping issued. It states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

H.5 SECURITY AND PROTECTION

(a) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.

Barricades, warning signs and light shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.

(b) Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the

Forest Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest resources and when traffic can be accommodated safely.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.

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

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

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

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

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

52.204-18 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)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

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

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

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

52.222-3 Convict Labor (JUN 2003)

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) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.222-50 Combating Trafficking in Persons (OCT 2020)

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)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

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)

52.228-13 Alternative Payment Protections (JUL 2000)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

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

52.233-4 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)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020)

52.246-21 Warranty of Construction (MAR 1994)

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

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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 https://www.acquisition.gov/far/part-22#FAR_22_1408 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 States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the

United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 20 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.