12817318R0006_RFP_Surface_Stabilization.pdf

52.215-1 INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.”

“In writing,” “writing,” or “written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show --

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation;

and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and --

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall --

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (Using Best Value – Tradeoffs)

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

CHECKLIST OF MINIMUM REQUIREMENTS

AND CERTIFICATION OF OFFER

_____Provide your business email to facilitate communications____________________________

_____DUNS Number ___________________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

_____ Respond with the COMPLETE RETURN PACKAGE (See Section M, Evaluation Factors on how to respond).

Failure to provide the required information for Evaluation factors may result in your offer being removed from competitive range.

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

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1I

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

B. SOLICITATION NO.

12817318R0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

6/15/2018

PAGE OF PAGES

1 92

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

89732

6. PROJECT NO.

7. ISSUED BY CODE 128173 8. ADDRESS OFFER TO

USDA FOREST SERVICE APACHE-SITGREAVES NATIONAL FORESTS

SUPERVISORFEETS OFFICE – ACQUISITION MANAGEMENT

30 S. CHIRICAHUA DRIVE PO BOX 640

SPRINGERVILLE, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

B. NAME

WARREN ABBOTT

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

(928) 333-6344

SOLICITATION

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

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

This solicitation is a 100 percent Total Small Business Set-Aside. NAICS 237310 $36.5 Million is size standard for small business.

The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a Request For Proposals (RFP) for Road reconstruction and maintenance National Forest Systems Roads (NFSR) 275-851. Re-establish the road template, furnish and place 4 inches of aggregate and stabilize with 80/20 Ligninsulphonate/Mag Chloride blend product.

Payment and Performance bonds will be required upon award from awarded contractor only. No bid bonds are required.

Davis-Bacon Wages apply. Range: Between $250,000 and $500,000

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

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 MST (hour) local time JUNE 28, 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

B. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

B. SUBMIT INVOICES TO ADDRESS SHOWN

IN

(4 copies unless otherwise specified)

ITEM

B. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

SAME AS 7 Electronic Funds Transfer via Invoice Processing Platform at www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Warren Abbott

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

CONSTRUCTION RFP 2 | P a g e SOL. # 12817318R0006

2018 NFSR 275/851 SURFACING & STABILIZATION

APACHE-SITGREAVES NFs

PART I - SCHEDULE OF ITEMS SECTION B – SERVICES AND PRICES

NFSR 275/851 Aggregate Surfacing/Stabilization

District: Alpine/Springerville County: Apache

B- 1 - SCHEDULE OF ITEMS

BASE

ITEM #

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization include Bonding

Lump Sum

30326 Road reconditioning Mile 7.0 $________ $________

30602

Dust palliative, Type 80/20 Lignin Sulfonate/Mag Chloride Blend, 1.0Gal/S.Y.

Gallon

65,700

30801

Roadway Aggregate, Table 703-3

Ton

13,720

30801B

Haul, stabilization and placement, compaction method 2

Total Base Line Items

Mile

7.0

OPTION

ITEM #

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

The Following Optional is based on 0 .1 mile increments and may be awarded if additional funding is procured. Optional items will be awarded prior to Notice to Proceed with Base items.

30326 Road reconditioning Mile 0.1 $________ $________

30602

Dust palliative, Type 80/20 Lignin Sulfonate/Mag Chloride Blend, 1.0Gal/S.Y.

Gallon

Roadway Aggregate, Table 703-3

Ton

13,720

Haul, stabilization and placement, compaction method 2

Total for 0.1 mile increments optional Item

Mile

0.1

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

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

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:___________________________________________________

AUTHORIZED TO SIGN (NAME & TITLE):_________________________________________________

SIGNATURE:__________________________________________ DATE:______________________

CONSTRUCTION RFP 3 | P a g e SOL. # 12817318R0006

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1 – GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all supervision, expertise, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to Re-establish the road template, furnish and place 4 inches of aggregate and stabilize with 80/20 Ligninsulphonate/Mag Chloride blend product.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request For Proposals (RFP) shall be made without the prior approval of the Contracting Officer in writing.

C2 –BASIS FOR AWARDS Offers will be reviewed for conformance to the requirements of this RFP. The Contracting Officer intends to make award from this solicitation using Best Value – Tradeoffs evaluation factors.

An Evaluation Panel will review submissions for compliance in submitting the requested information for the evaluation factors. In order to remain in the competitive range, offerors shall submit the information requested in the evaluation factors listed in Section M2.0; M3.0; and M4.0. When compared to Price, Technical Capability and Past Performance when combined are equal to Price.

C3—LOCATION OF PROJECT

The project is located on the Alpine/Springerville Ranger Districts, approximately 16 miles southeast of Springerville, AZ and 8 miles west of Nutrioso, AZ. Travel on AZ HWY 180 to the junction with Apache County Road 2116. From the junction, travel 5 miles to National Forest System Road (NFSR) 275. Project begins at approximately mile post 4.841.

CONSTRUCTION RFP 4 | P a g e SOL. # 12817318R0006

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SECTION D – PACKAGING AND MARKING

D1 – STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS (FP-03

U.S. CUSTOMART UNITS) (2003)

The Standard Specifications of Roads and Bridges on Federal Highway Project (FP-03 U.S. Customary Units), 2003 are included by reference. The requirements contained in theses specifications are hereby made a part of this solicitation and any resultant contract.

The 700-page book entitled “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP- 03 U.S. Customary Units), is available from:

Headquarters

Washington DC David K. Green Construction Standards Engineer Internet: David.Green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington, DC 20590 http:/www.wfl.fha.dot.gpv/design/specs/fp03.htm

Applicable sections include Sections designated in the following list and others referenced therein.

Section No. Title

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

104 Control of Work

105 Control of Material

106 Acceptance of Work

107 Legal Relations and Responsibility to the Public

108 Prosecution and Progress

109 Measurement and Payment

151 Mobilization

153 Contractor Quality Control

155 Schedules for Construction Contracts

156 Public Traffic

171 Weed and Disease Prevention

303 Road Reconditioning

306 Dust palliative

308 Minor Crushed Aggregate

703 Aggregate mailto:David.Green@fhwa.dot.gov

CONSTRUCTION RFP 6 | P a g e SOL. # 12817318R0006

718 Traffic Signing and Marking Material

725 Miscellaneous Material

C.3 .1 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS TO THE STANDARD SPECIFICATIONS FOR CONSTRUCTION OF

ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS

Forest service supplemental specifications (FSSS) may add to, delete from, or modify the Forest Service Standard Specifications (FP-03). The following FSSS are applicable to this project and are included in full text at the end of this section.

Preface Preface_wo_03_15_2004_m

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

CONSTRUCTION RFP 7 | P a g e SOL. # 12817318R0006

101 - Terms, Format, and Definitions

101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

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

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

mp Milepost ppm Part Per Million

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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--No definition.

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.

Add the following:

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.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

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.

http://www.nist.gov/

CONSTRUCTION RFP 8 | P a g e SOL. # 12817318R0006

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

CONSTRUCTION RFP 9 | P a g e SOL. # 12817318R0006

Figure 101-1—Illustration of road structure terms.

CONSTRUCTION RFP 10 | P a g e SOL. # 12817318R0006

102 - Bid, Award, and Execution of Contract

102.00_nat_us_02_16_2005 102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

CONSTRUCTION RFP 11 | P a g e SOL. # 12817318R0006

103 - Scope of Work

103.00_nat_us_02_16_2005 Deletions

Delete all but subsection 103.01 Intent of Contract.

CONSTRUCTION RFP 12 | P a g e SOL. # 12817318R0006

104 - Control of Work

104.00_nat_us_06_16_2006 Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005 Add the following subsection:

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.

CONSTRUCTION RFP 13 | P a g e SOL. # 12817318R0006

105 - Control of Material

105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

CONSTRUCTION RFP 14 | P a g e SOL. # 12817318R0006

106 - Acceptance of Work

106.01_nat_us_01_17_2013

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

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 and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, 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

CONSTRUCTION RFP 15 | P a g e SOL. # 12817318R0006 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.

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

CONSTRUCTION RFP 16 | P a g e SOL. # 12817318R0006

107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

Exact time and location of spill including a description of the area involved.

Containment procedures.

Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

CONSTRUCTION RFP 17 | P a g e SOL. # 12817318R0006

108 - Prosecution and Progress

108.00_nat_us_02_16_2005 108 Delete.

Delete Section 108 in its entirety.

CONSTRUCTION RFP 18 | P a g e SOL. # 12817318R0006

109 - Measurement and Payment

109.00_nat_us_02_17_2005 109 Deletions

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

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

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

CONSTRUCTION RFP 19 | P a g e SOL. # 12817318R0006

153 - Contractor Quality Control

153.04_nat_us_10_24_2007

153.04 Records.

Delete all but the first sentence

CONSTRUCTION RFP 20 | P a g e SOL. # 12817318R0006

155 - Schedules for Construction Contracts

155.00_nat_us_05_11_2004 155 Delete.

Delete Section 155 in its entirety.

CONSTRUCTION RFP 21 | P a g e SOL. # 12817318R0006

156 - Public Traffic

156.03_nat_us_02_24_2005

156.03 Accommodating Traffic During Work.

Delete the following from the last paragraph:

according to Subsection 106.07(b)

156.04_nat_us_02_24_2005

156.04 Maintaining Roadways During Work.

(a) Add the following:

Do not construct detours outside of the clearing limits or use alternate route detours without the approval of the CO.

156.08_nat_us_02_24_2005

156.08 Traffic and Safety Supervisor.

Delete this subsection in its entirety.

CONSTRUCTION RFP 22 | P a g e SOL. # 12817318R0006

171 - Weed and Disease Prevention

171.00_nat_us_03_30_2005 Description

171.01 This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Material

171.02 Conform to the following Subsection:

Water 725.01

Construction Requirements

171.03 General . Notify the CO in writing at least 15 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the CO with an opportunity to monitor the washing and inspection.

171.04 Equipment. Use a high pressure washing system.

For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. If the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water.

For work at a commercial washing facility, use an approved facility.

171.05 Washing. Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

171.06 Inspection. Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

171.07 Acceptance. Weed prevention will be evaluated under Subsection 106.02.

Measurement

171.08 Do not measure weed prevention for payment.

Payment

171.09 Include all costs associated with the Section 171-Weed Prevention in the unit price for Section 151-Mobilization.

CONSTRUCTION RFP 23 | P a g e SOL. # 12817318R0006

303 - Road Reconditioning

303.01_nat_us_03_02_2005

303.01 Work.

Delete and add the following:

This work consists of reconditioning ditches, shoulders, roadbeds, cattleguards, asphalt surfaces, and aggregate surfaces.

CONSTRUCTION RFP 24 | P a g e SOL. # 12817318R0006

306 - Dust Palliative

306.04_nat_us_03_02_2005

306.04 Preparation and Application.

Add the following to the last paragraph:

When designated, begin compaction as soon as palliative has penetrated enough to prevent pickup of material. Operate rollers over the full width of each layer until visual displacement ceases.

306.06_nat_us_03_02_2005

306.06 Acceptance.

Add the following:

Submit certification and samples as specified in Table 306-1.

CONSTRUCTION RFP 25 | P a g e SOL. # 12817318R0006

306.10_nat_us_03_02_2005

Add Table 306-1:

Table 306-1—Sampling and Testing.

Material or Product

Type of Acceptance (Subsection)

Characteristic Test Method Specification

Sampling Frequency Point of Sampling

Spilt Reporting Time

Production Certification (Subsection 106.03)

Chemical Composition

Subsection 725 1 per type of material

Source of materials

No Prior to construction

Toxicity Tests(1) EPA Standard Operating Procedure 2022

Specific Gravity Chart (2) (liquid non-petroleum products only)

Material Safety Data Sheet

Quality - First load and determined by the CO thereafter

Hauling vehicle (3)

Samples submitted to the Government

During construction

Note: 1) 96-Hour static toxicity test using Daphnia and juvenal rainbow trout (Oncorhynchus mykiss).

2) Specific Gravity Chart: Correlation of Specific Gravity with percent solids of constituent presented in 1 percent increments beginning with a 5 percent solution up to, including, and exceeding 5 percent (or the solubility limit of the product) the proposed concentration of the undiluted product.

3) If the product is liquid, obtain a two-liter sample from the transfer load. If the product is solid obtain a 1-pound sample from the load.

CONSTRUCTION RFP 26 | P a g e SOL. # 12817318R0002

RECONSTRUCTION LEVEL 2 ROADS 4FRI

703 - Aggregate 703.05_nat_us_08_14_2009

Delete 703.05 and replace with the following:

703.05 Subbase, Base, Surface Course, and Screened Aggregate.

(a) Subbase or base aggregate. Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming the following:

(1) Gradation Table 703-2

(2) Liquid limit, AASHTO T 89 25 max.

(3) Plastic limit, AASHTO T 90 Nonplastic

(4) Los Angeles abrasion, AASHTO T 96 40% max.

(5) Sodium sulfate soundness loss (5 cycles), 12% max.

AASHTO T 104

(6) Durability index (coarse), AASHTO T 210 35 min.

(7) Durability index (fine), AASHTO T 210 35 min.

(8) Fractured faces, ASTM D 5821 50% min.

(9) Free from organic matter and lumps or balls of clay

Do not use material that breaks up when alternately frozen and thawed or wetted and dried.

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary. Fine aggregate, material passing the No. 4 sieve, shall consist of natural or crushed sand and fine mineral particles.

(b) Surface course aggregate. Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming the following:

(1) Gradation Table 703-3

(2) Liquid limit, AASHTO T 89 35 max.

(3) Plastic Index, AASHTO T 90

a) If the percent passing the No. 200 sieve is less than 12% 2 to 9

b) If the percent passing the No. 200 sieve is greater than 12% Less than 2

(4) Los Angeles abrasion, AASHTO T 96 40% max.

(5) Sodium sulfate soundness loss (5 cycles), 12% max.

AASHTO T 104

(6) Durability index (coarse), AASHTO T 210 35 min.

(7) Durability index (fine), AASHTO T 210 35 min.

(8) Fractured faces, ASTM D 5821 75% min.

(9) Free from organic matter and lumps or balls of clay

Do not furnish material that contains asbestos fibers.

CONSTRUCTION RFP 27 | P a g e SOL. # 12817318R0002

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary. Fine aggregate, material passing the No. 4 sieve, shall consist of natural or crushed sand and fine mineral particles.

(c) Screened aggregate – Furnish hard, durable particles or fragments of stone, slag, or gravel conforming the following:

(1) Gradation Table 703-16

(2) Plastic Index, AASHTO T 90 Less than 9

(3) Los Angeles abrasion, AASHTO T 96 55% max.

(4) Free from organic matter and lumps or balls of clay.

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary.

CONSTRUCTION RFP 28 | P a g e SOL. # 12817318R0002

Delete Table 703-2 and replace with the following:

Ta b le

-2 rg e t

V al u e

R an ge s fo r

Su b b as e a n d

B as e G ra d at io n

P e rc e n t b y

M as s P as si n g

D e si gn at e d S ie ve

A

A

SH

TO

T a n d T

G ra d in g D e si gn at

E (B as

.0

.0

T h e va lu e in t h e p ar en th es es is t h e al lo w ab le d ev ia ti o fr o m t h e ta rg et v al u e s.

D

B as

.0

.0

C

B as

.0

.0

B

Su b b as

.0

.0

A

Su b b as e

.0

.0

Si e ve S iz

½ in ch

½

/4

/2

/8

N o

. 4

. 2

CONSTRUCTION RFP 29 | P a g e SOL. # 12817318R0002

Delete Table 703-3 and replace with the following:

b le

-3 rg e t

V al u e

R an ge s fo r

Su rf ac e

G ra d at

P rc e n t b y

M as s P as si n g

D e si gn at e d S ie ve

A

A

SH

TO

T a n d T

G ra d in g D e si gn at

U

.0

.0

T h e va lu e in t h e p ar en th es es is t h e al lo w ab le d ev ia ti o fr o m t h e ta rg et v al u s.

If t h e p la st ic it y in d ex

P I) is g re at er t h an

, t h e

TV

r an ge f o r th e N o . 2 s ie ve s iz e is

-1

T

.0

.0

S

.0

.0

H

.0

.0

G

.0

.0

F

-1

-8

-6

-5

-3

-2

.0 -1

.0

Si e ve S iz

/2

/4

/2

/8

. 8

. 1

. 2

Add Table 703-16:

Table 703-16

CONSTRUCTION RFP 30 | P a g e SOL. # 12817318R0002

Gradation Requirements for Screened Aggregate

Sieve Size

Percent by Mass Passing Designated Sieve (AASHTO T 27 and T 11)

Grading Designation

L M N O P Q R

6 inch 100 100

4 inch 100 100

3 inch 100 100

2 inch 100

No. 4 15-45 15-45 15-45

CONSTRUCTION RFP 31 | P a g e SOL. # 12817318R0002

718 - Traffic Signing and Marking Material 718.02_nat_us_03_02_2005

718.02 Reserved.

Replace this section with the following:

718.02 Protective Overlay Film and Edge Film.

Protective overlay film will be a high performance flouropolymer film such as 3M Scotchlite Premium Protective Overlay Film Series 1160 or approved equal.

Edge film will be a pressure-sensitive, premium-quality, clear, ultraviolet-resistant, 3 inches wide vinyl film.

718.05_nat_us_08_05_2009

718.05 Aluminum Panels

Delete the third paragraph and replace with the following:

Clean, degrease and properly prepare the panels according to methods recommended by the sheeting manufacturer.

Conversion coatings will conform to ASTM B-921 or ASTM B-449.

CONSTRUCTION RFP 32 | P a g e SOL. # 12817318R0002

725 - Miscellaneous Material 725.02_nat_us_03_02_2005

725.02 Calcium Chloride, Calcium Chloride Flakes and Magnesium Chloride.

Add the following:

Ensure that the material does not exceed the following chemical constituents: phosphorous, 25.00 ppm; cyanide, 0.20 ppm;

arsenic, 5.00 ppm; copper 0.20 ppm; lead 1.00 ppm; mercury 0.05 ppm; chromium 0.50 ppm; cadmium 0.20 ppm; barium

10.00 ppm; selenium 5.00 ppm; zinc 10.00 ppm; sulfate 4.3 percent maximum; nitrate 5.0 percent maximum.

725.20 Lignin Sulfonate.

Add the following:

Ensure that the material does not exceed the following chemical constituents: phosphorous, 25.00 ppm; cyanide, 0.20 ppm;

arsenic, 5.00 ppm; copper 0.20 ppm; lead 1.00 ppm; mercury 0.05 ppm; chromium 0.50 ppm; cadmium 0.20 ppm; barium

10.00 ppm; selenium 5.00 ppm; zinc 10.00 ppm.

CONSTRUCTION RFP 33 | P a g e SOL. # 12817318R0002

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material.