1267T020Q0036 RFQ.pdf

INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION 2 ACQUISITION MANAGEMENT AREA

1019 N. 5TH STREET

CUSTER SD, 57730

SOLICITATION NO. 1267T020Q0036

OFFERS ARE SOLICITED FOR: AGATE DAM SPILLWAY REPAIR

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO QUOTER:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1442 Request For Quotation (Complete, date, and sign)

2.Section B – Schedule of Items (Page 5). (Complete Unit Price and Amount)

3.Technical Proposal/Past Performance (Pages 37-38)

4.Representations and Certifications (Pages 27-31). (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5.Acknowledge Amendments on the SF1442, block 19

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: Email: Contract Specialist Steve Holly Stephen.holly@usda.gov Ref: Solicitation No. 1267T020Q0036

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT SYSTEM PRIOR TO SUBMISSION OF QUOTE UNDER THIS SOLICITATION. SEE CLAUSE

52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH BETA.SAM.

https://www.sam.gov/

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

999106

BLACK HILLS NATIONAL FOREST

1019 N FIFTH ST

CUSTER SD 57730-8214

67T0

Steve Holly stephen.holly@usda.gov 605-673-9323

STEPHEN HOLLY 605-673-9323

205/13/2020

1267T020Q0036

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

1267T020Q0036 Agate Dam Spillway Repair, See Section C, Specifications

WD NE20200048 01-03-2020

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

Line item details.

05/27/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

PAGE 3 OF

BLACK HILLS NATIONAL FOREST

1019 N FIFTH ST

CUSTER SD 57730-8214

67T0

BARBARA K. DARLING

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1267T020Q0036

Agate Dam Spillway Repair

Delivery: 04/28/2020

Delivery Location Code: 65T0

NEBRASKA NATIONAL FOREST

125 N MAIN ST

CHADRON NE 69337 US

FOB: Destination

0001 Agate Dam Spillway

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONSTRUCTION RFQ thru FAC 2020-5 Feb. 2020 1267T020Q0036 Agate Dam Spillway Repair

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Agate Dam Spillway Repair Pine Ridge Ranger District Nebraska National Forest Dawes County, Nebraska

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

B- 1 Schedule of Items

Pay Item Item Description MM* Quantity

Pay Unit

Unit Price Amount

1 Mobilization LSQ 1 LS $________ $________

2 Riprap Installation DQ 132 CY $________ $________

3 Geotextile Fabric (Class II) DQ 224 SY $________ $________

4 Excavation/Embankment DQ 480 CY $________ $________

5 Straw Blankets DQ 416 SY $________ $________

6 Fencing AQ 340 LF $________ $________

7 Rock Fill (4" inch minus) DQ 30 CY $________ $________

TOTAL AMOUNT QUOTED (All Items) $________

* Designated Method of Measurement:

CY = Cubic Yard SY = Square Yard LF = Linear Foot

Quote on all items. You must submit pricing for all items, including any option items. Only quotes to the nearest cent will be accepted.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Project Description and Location

Description of Work.

Delete the entire section and replace with the following:

PART 1 -GENERAL

1.1 SUMMARY

Work to be performed for this contract is to repair eroded area below emergency spillway. The Contractor is responsible for furnishing all labor, materials, equipment, tools, transportation, and supplies necessary to complete the work as specified.

• Rock fill 3 drainage crossings on NFSR 908.

• Repair eroded area using Geotextile Fabric, Straw Matts, and (SDDOT) ClassC Rip Rap as Shown on the Drawings.

• Install approximately 340 LF of New Fencing as Staked on the Ground.

• Spoil Dirt Berms 18" inches high by 8' feet wide and total length of 150' feet as Staked on the Ground.

• Excess excavation will be placed within fenced enclosure not more than 100' feet of project site.

1.2 LOCATION

A. This project is located on the Nebraska National Forest near Crawford, Nebraska. Directions are as follows: From Crawford, NE, travel north on Hwy. 71 for approx. 21 ½ miles, then south on Forest Service Road 922 approximately (1/2) mile to Forest Service Road 908 continue southeast approximately (1/2) mile to the dam site. Repair work is on the southwest end of the dam.

B. General: Access to the dam will be from the northwest. The access road FS 922 and 908 is a two-track road crossing the grasslands and can become impassable during wet times of the year.

C. The excess excavation area shall be staked out prior to work beginning. This work area site is less than one hundred (100) feet.

D. Confine storage of materials to areas as approved by the Contracting Officer (CO).

E. Preservation of Natural Features: Confines all operations to work limits of the project. Prevent damage to natural surroundings.

F. Existing Utilities: Notify CO and utility companies of proposed locations and times for excavation.

1. Contractor shall be responsible for contacting call before you dig Nebraska811 Hotline.

1.3 FIRE RESTRICTIONS

A. Depending on conditions, normal fire restrictions may apply to activities associated with this project. Contractor will be required to have all appropriate fire safety equipment on hand at all times.

1.4 FIELD VERIFICATION

A. A pre-bid field visit is suggested.

1.5 PERMITS

A. Any permits required by local, State, or Federal laws or regulations shall be obtained by the Contractor.

PART 2 -PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION 103

SECTION 151-MOBILIZATION

Delete the entire section and replace with the following:

Description

1 51.01 Work:

Delete: Entire Section

Add: This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization also includes the obtaining of permits, insurance, and bonds (as required).

Measurement

151.02 Measure:

Delete: Entire Section.

Add: Measure mobilization as incidental to the Bid Items as shown on the Schedule of Items.

PAYMENT

151.03 Basis

Delete: Entire Section.

Add: The Pay Item shall be incidental to the Bid Items as shown on the Schedule of Items.

END SECTION 151

SECTION 251 RIPRAP

PART I -GENERAL

1.1 SUMMARY

A. This item shall consist of furnishing and placing riprap as shown on the drawings and staked in the field in accordance with these specifications, in conformity with the drawings and to the lines and grades established.

1.2 SUBMITTALS

A. As specified in Division 2 Section "Submittal Procedures."

B. Gradation of materials used.

C. Location of quarry.

1.3 METHOD OF MEASUREMENT

A. Riprap shall be measured by cubic yard.

B. Geotextile fabric installation shall be incidental to the installation of the Riprap.

1.4 BASIS OF PAYMENT

A. Payment for Riprap: Design Quantities. The accepted quantity, measured as specified, shall be incidental to Base Bid Item 2 as designated on the Schedule of Items.

PART 2 -PRODUCTS

2.1 RIPRAP

A. General: The stone used for this work shall be hard and durable and shall have a minimum weight of 155 pounds per cubic foot. They shall be of such quality that they will not disintegrate on exposure to water or weathering. Class C riprap shall be quarried ledge rock or as approved by the CO. Stone shall be free from overburden, spoil, shale, and organic material. The riprap stone shall meet the following gradation requirements.

B.

The riprap class is the median particle weight with 50% of the material smaller and 50% of the material larger. Each load of riprap shall be well graded from the smallest to the maximum size specified. Riprap may be obtained from a private or commercial source.

PART 3-EXECUTION

3.1 FOUNDATION

A. The slope upon which the riprap is to be placed shall be shaped to the required lines and grades. The surface shall be roughened to provide a surface to which the base stones will key and be firmly bedded. Slopes and trenches shall be approved before the placing of riprap is begun.

B. The voids between the larger stones shall be filled with smaller stones. This shall be done in such a manner that they do not prevent the interlocking of the larger stones. The finished surfaces, which will remain exposed, shall present a broken joint surface on which voids are reasonably well filled.

C. When the rock riprap is completed, the area shall be cleaned up by removing all debris and material not used.

3.2 GEOTEXTILE NONWOVEN FABRIC

A. Place on smooth, uniform slope, loosely enough to conform to minor surface irregularities. Follow manufacturer's recommendations for making laps and for fastening and securing.

END OF SECTION 02204

SECTION 221 EARTHWORK GEOTEXTILES

Delete this section in its entirety and replace with the following:

DESCRIPTION

221.01 Work. Furnish and install a geotextile permeable separator erosion control measure.

MATERIAL

221.02 Requirements. Geotextile type shall be a Nonwoven Class II material conforming to Subsection 714.01 Ex:

(Mirafi 160N). The Contractor shall submit a sample for approval prior to installation. There is an estimated 224 sq. yds. of material to install.

CONSTRUCTION

221.03 General. When placing geotextile material on native ground, do not remove topsoil or vegetative material. Fill depressions with suitable materials to provide a firm foundation.

Replace or repair damaged geotextile materials as approved by the Contracting Officer (CO).

221.04 Separation Applications. Place the geotextile separation material smooth and free of tension, stress, or wrinkles. Fold or cut (per manufacturer's recommendations) to conform to curves. Overlap in the direction of construction. Overlap the material a minimum of 6 inches at the ends and sides of adjoining sheets. Anchor the material in place by using the manufacturer's recommended anchor system.

Place the riprap on the geotextile material starting at the toe of the slope and proceed upwards. Place riprap from a height of no more than 12 inches.

MEASUREMENT

221.05 Method. The geotextile material shall be measured by the square yard of material used.

PAYMENT

221.06 Basis: The accepted quantities will be paid as incidentals to the pay item as shown in the Schedule of

Items.

SECTION 204 EXCAVATION AND EMBANKMENT

Delete this section entirely and replace with the following:

DESCRIPTION

204.01 Work. This work consists of excavating material and constructing embankments. This includes placing, sloping, shaping, compacting and finishing earthen material.

204.02 Definitions.

a. Excavation consists of the following:

1. Excavate to safely remove existing head cut to a uniform 3:1 slope as Shown on the Drawings.

2. All excavation is estimated at less than 450 CY.

b. Embankment construction consists of placing and compacting excavation. This work includes:

1. Placement and compaction for spillway berms. Excess material will be placed within 100' feet of site.

CONSTRUCTION REQUIREMENTS

204.03 Eroded Area Excavation. Excavate to safely remove the existing head cut to uniform 3: I slope as

Shown on the Drawings.

204.04 Existing Outlet Ditch Excavation. This work involves safely excavating for the new spillway ditch.

204.06 Embankment. Construct berm approx. 180 feet in length, 8 feet wide, and 1 ½ feet height as staked on the ground by placing embankment material excavation area with in one hundred ( I 00) feet.

Compact as described in 204.07.

204.07 Compaction. This work consists of compacting berm embankment with mechanized equipment at least three (3) passes over each 9 inch lift of embankment along berm to a total of 18 inches. For all compaction efforts, the material used shall be free of frost and not have any chunks sizes of material larger than four ( 4) inches after compaction efforts are complete.

204.08 Sloping, Shaping, and Finishing. Slope, shape, and finish the dam breach embankment as follows:

Leave slopes with a uniform, smooth surface matching the existing slope.

MEASUREMENT 204.09 Method. All excavation and embankment work shall be considered incidental to the Bid Item I as shown on the Schedule of Items.

PAYMENT 204.10 Basis: The accepted quantities will be paid as incidentals to the Bid Item I as shown on the Schedule of Items.

SECTION 222 - STRAW BLANKETS

Delete this section in its entirety and replace with the following:

DESCRIPTION

222.01 Work. Furnish and install a photodegradable straw blanket erosion control measure.

MATERIAL

222.02 Requirements. Straw blanket with 100% wheat straw-Single Polypropylene Photodegradable netting. The

Contractor shall submit a sample for approval prior to installation. Estimated 416 sq. yds. of material to install.

CONSTRUCTION

222.03 General. When placing straw blanket material on sloped ground, secure according to manufacturer's recommendations.

Replace or repair damaged straw blankets materials as approved by the Contracting Officer (CO).

222.04 Separation Applications. Place the geotextile separation material smooth and free of tension, stress, or wrinkles. Anchor the material in place by using the manufacturer's recommended anchor system. Place the riprap on the straw blankets starting toe of slope-bottom of ditch and proceed upwards approximately 2 feet. Place riprap from a height of no more than 12 inches.

MEASUREMENT

222.05 Method. The straw blanket shall be measured by the square yard of material used.

PAYMENT

222.06 Basis: The accepted quantities will be paid as incidentals to the pay item as shown in the Schedule of

Items.

Price Range. Government Cost Estimate, per FAR 36.204, under $25,000.

Site Visit. (See Section L, FAR Clause 52.236-27)

Period of Performance. (See Section F, FAR Clause 52.211-10.)

C- 2 Biobased Product Requirements

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and

Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Sample of biobased products for building mtce – light construction projects (Operations and Maintenance)

Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Water Tank Coatings Adhesive and Mastic Removers Cleaners Sorbents Floor Finish Floor Stripper Composite Panels Insulating Foam Sealers Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire, pages **).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

http://www.biopreferred.gov/

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

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

C-8 AGAR 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.

NOTE: Quoter’s are cautioned to carefully review these Project Specifications prior to submission of quotes. All specifications contained in Section J are binding on the parties signing the contract.

SECTION E - INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 Days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within date to be determined, mutually agreed by both parties. The conference will be held at a mutually agreed upon location.

Payment will be made at the awarded bid item price for satisfactorily completed work. Partial payment may be authorized by the Contracting Officer.

This contract incorporates the Davis Bacon Wage Rates. Weekly payrolls are mandatory and must be turned into the Contracting Officer Representative for review and approval. Invoices will not be processed until acceptable payrolls have been received.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

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

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

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

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

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

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

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

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

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

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

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

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

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

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

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

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

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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

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

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

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

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

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

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

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

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

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

2017) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.217-7 Option for Increased Quantity (MAR 1989) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination--Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEPT 2013)

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 (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 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 (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-5 Material and Workmanship (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.225-9 Buy American--Construction Materials (MAY 2014)

(a) Definitions. As used in this clause--

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

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

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

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

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

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

"Component" means any article, material, or supply incorporated directly into construction materials.

"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--

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

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

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

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

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I-3 FAR 52.236-7 Permits and Responsibilities (NOV 1991)

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

I-4 Order of Precedence--Construction

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

(a) The Schedule (excluding the Specifications) (Sections A-H).

(b) The representations and other instructions (Sections K and L).

(c) Contract clauses (Section I).

(d) Special Project Specifications.

(e) General Specifications.

(f) Drawings and Exhibits (Section J).

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

SECTION J - LIST OF ATTACHMENTS

Title Pages Exhibit 1 Location Map Exhibit 2 Vicinity Map Exhibit 3 Site Plan DWG Exhibit 4 Fencing DWP Exhibit 5 Rock Fill DWG Construction Wage Determination NE20200048 01-03-2020 5

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

K- 1 FAR 52.204-8 Annual Representations…