12837119R0016.pdf
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- Perry Pit Crush and Stockpile: Federal contract opportunity
- Solicitation number
- 12837119R0016
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Solicitation 12837119R0016
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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)
950623 ellena.silva@usda.gov
ELLENA SILVA (505)346-3805
1x 05/17/2019
12837119R0016
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
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.)
5 120 calendar days and complete it within ________________ ________________ calendar days after receiving
06/07/2019
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
2PAGE OF
JOHNNY M. LANCTOT
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
3 48
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12837119R0016
ENG-Crush and Stockpile Perry Pit
An organized site visit has been scheduled for:
May 29, 2019 at 1030 AM MST.
Participants will meet at the site location (From Flagstaff head south on Lake Mary Road approximately 20 miles. Turn Left on to FSR 9488E and continue to the project site). Contractors shall notify the Government of the number of attendees via email to ellena.silva@usda.gov no later than COB Wednesday, May 30, 2019.
Questions regarding the solicitation should be submitted in writing at this time. Copies of the solicitation, drawings and exhibits shall only be provided upon written request.
All questions regarding this solicitation shall be emailed to the ACO Ellena Silva at:
ellena.silva@usda.gov no later than COB May 28, 2019.
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.
All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.
Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
Delivery: 11/29/2019
Delivery Location Code: 8167
USDA FOREST SERVICE
COCONINO NATIONAL FOREST SO
1824 S THOMPSON ST
FLAGSTAFF AZ 86004 US
Period of Performance: 06/17/2019 to 09/20/2019
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 48
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12837119R0016
001 ENG-Crush and Stockpile Perry Pit
20833 TONS-Stockpiled Aggregate, Grading "G" per
703 Aggregate, Mobilization Including bonding costs
FOB: Destination
002 Additive 1
2083 TONS- Stockpiled Aggregate, Grading "G" per
703 Aggregate, Mobilization Including bonding costs.
(Option Line Item)
Product/Service Code: Y1LB
Product/Service Description: CONSTRUCTION OF
HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS
003 Additive 2
2083 TONS- Stockpiled Aggregate, Grading "G" per
703 Aggregate, Mobilization Including bonding costs.
(Option Line Item)
Product/Service Code: Y1LB
Product/Service Description: CONSTRUCTION OF
HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Coconino National Forest 12837119R0016
SECTION B-- SUPPLIES OR SERVICES, AND PRICES/COSTS
Schedule of Items
ITEMS
314 (01)
Description Method of Measure
Estimated Quantity in Tons
Pay Unit Estimated Unit Cost
Total
Base Stockpiled Aggregate, Grading "G" per 703 Aggregate, Mobilization Including bonding costs
CQ 20000 TON $ $
Total Base:
Additive
Stockpiled Aggregate, Grading "G" per 703 Aggregate, Mobilization Including bonding costs
CQ 2100 TON $ $
Subtotal: $
Additive
Stockpiled Aggregate, Grading "G" per 703 Aggregate, Mobilization Including bonding costs
CQ 2100 TON $ $
Subtotal: $
Total Base with Additives: $
***QUOTE MUST INCLUDE ALL APPLICABLE TAXES***
Contract time will begin on date of notice to proceed or start date identified in approved plan of work, whichever is later.
Contract time will be stopped whenever access is restricted for longer than one day (due to fire danger, mud, snow, etc.).
Contractor Name Signature Date
Phone Number Federal Tax I.D. Number DUNS Number
It is the Government’s intention to award a firm fixed price contract by Lowest Price Technically Acceptable.
DESCRIPTION/SPECIFICATIONS/
WORK STATEMENT
DESCRIPTION OF WORK
Perry Pit Crush and Stockpile Project: This project will consist of mobilization, clearing and grubbing as necessary, drilling, blasting, crushing and stockpile of an aggregate material. The project is located on the Flagstaff Ranger District of the Coconino National Forest located in Coconino County, Arizona.
LOCATION OF PROJECT
From Flagstaff head south on Lake Mary Road approximately 20 miles. Turn Left on to FSR 9488E and continue to the project site.
STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL
HIGHWAY PROJECTS (FP-14 U.S. CUSTOMART UNITS) (2018)
The Standard Specifications of Roads and Bridges on Federal Highway Project (FP-14 U.S. Customary Units), 2018 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-14 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 https://flh.fhwa.dot.gov/resources/specs/
Applicable sections include Sections designated in the following list and others referenced therein.
mailto:David.Green@fhwa.dot.gov https://flh.fhwa.dot.gov/resources/specs/
Table of Contents Preface
101 - Terms¸ Format¸ and Definitions
101.01 Meaning of Terms
101.03 Abbreviations
101.04 Definitions
102 - Bid ̧Award¸ and Execution of Contract
Delete Section 102
103 - Scope of Work
Delete Subsections 103.02, 103.03, 103.04, 103.05
104 - Control of Work
Delete Subsections 104.01, 104.02, 104.04
104.06 Use of Roads by Contractor
105 - Control of Material
105.02 (a) Government-provided sources
106 - Acceptance of Work
106.01 Conformity with Contract Requirements
106.02 Visual Inspection
107 - Legal Relations and Responsibility to the Public
Delete Subsection 107.05
108 - Prosecution and Progress
Delete Section 108
109 - Measurement and Payment
Delete Subsections 109.06, 109.07, 109.08, 109.09
109.01 Measurement of Work
109.02 Measurement Terms and Definitions
155 - Schedules for Construction Contracts
Delete Section 155
156 - Public Traffic
Section 156. – PUBLIC TRAFFIC
201 - Clearing and Grubbing
201.04 Clearing
201.06 Disposal
205 - Rock Blasting
205.03 Regulations
205.06 Preblast condition survey and vibration monitoring and control
205.07 Test Blasting
205.08 Blasting
314 - Stockpiled Aggregates
314.01 Description
314.04 Stockpile Site
703 - Aggregate
703.05 Subbase, Base, Surface Course, and Screened Aggregate
Preface Preface_wo_02_26_2019
Delete all but the first paragraph and add the following:
The Forest Service, US Department of Agriculture has adopted FP-14 for construction of National Forest System Roads.
101 - Terms¸ Format¸ and Definitions 101.01_National_9_15_2016
Add the following paragraph to Subsection 101.01:
101.01 Meaning of Terms.
Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.
101.03_National_4_7_2015
Add the following to Subsection 101.03:
101.03 Abbreviations.
(a) Acronyms.
AGAR — Agriculture Acquisition Regulations
AFPA — American Forest and Paper Association
FSAR — Forest Service Acquisition Regulations
MSHA — Mine Safety and Health Administration
NESC — National Electrical Safety Code
WCLIB — West Coast Lumber Inspection Bureau
(f) Miscellaneous unit abbreviations.
MP — milepost location ppm — parts per million volume
STA station location
101.04_National_9_5_2018
Make the following changes to Subsection 101.04:
101.04 Definitions.
Delete these definitions and replace the following:
Bid Schedule — The Schedule of Items.
Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.
Contractor — The individual or legal entity contracting with the Government for performance of prescribed work.
In a timber sale contract, the contractor is the “Purchaser”.
Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.
Drawings — (Public Works Contracts) Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction. Also refers to submissions and submittals.
Notice to Proceed — (Public Works Contracts) Written notice to the Contractor to begin the contract work.
Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.
Solicitation—(Public Works Contracts) The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.
Add the following definitions:
Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.
Change — “Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.
Forest Service — The United States of America, acting through the Forest Service, U.S. Department of Agriculture.
Neat Line — A line defining the proposed or specified limits of an excavation or structure.
Pioneer Road — Temporary construction access built along the route of the project.
Purchaser — The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.
Protected Streamcourse — A drainage shown on the plans or timber sale area map that requires designated mitigation measures.
Road Order — An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.
Shop Drawings — (Timber and Stewardship Contracts) Referred to as “Drawings” in FP-14, include drawings, diagrams, layouts, schematics, descriptive literature, illustrations, lists or tables, performance and test data, and similar materials furnished by Purchaser to explain in detail specific portions of the work required by the contract.
Utilization Standards —
The minimum size and percent soundness of trees described in Public Works contract specifications or Timber Sale and IRTC contract provisions to determine merchantable timber.
Add Figure 101-1—Illustration of road structure terms:
Figure 101-1—Illustration of road structure terms.
102 - Bid ̧Award¸ and Execution of Contract 102.00_National_9_15_2016
Delete Section 102 in its entirety.
Delete Section 102.
103 - Scope of Work 103.00_National_9_15_2016
Delete all of Section 103 except Subsection 103.01 Intent of Contract.
Delete Subsections 103.02, 103.03, 103.04, 103.05.
104 - Control of Work 104.00_National_9_15_2016
Delete Subsections 104.01, 104.02, and 104.04.
Delete Subsections 104.01, 104.02, 104.04.
104.06_National_9_16_2016
Add the following to Subsection 104.06:
104.06 Use of Roads by Contractor.
The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.
105 - Control of Material 105.02_National_10_23_2016
Add the following to Subsection 105.02 (a):
105.02 (a) Government-provided sources.
Complete any pit or quarry development specified for a designated source, even when material is not obtained from the source.
106 - Acceptance of Work 106.01_National_7_18_2017
Delete Subsection 106.01 and replace with the following:
106.01 Conformity with Contract Requirements.
Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.
References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.
Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.
Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.
Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.
When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.
The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.
Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.
Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the Government.
(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:
1. Sampling method;
2. Number of samples;
3. Sample transport;
4. Test procedures;
5. Testing laboratories;
6. Reporting;
7. Estimated time and costs; and
8. Validation process.
If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.
The CO will review the proposed resolution protocol and may modify it before final approval and execution.
The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol. If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.
(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:
1. Have the work accepted at a reduced price; or
2. Be given permission to perform corrective measures to bring the work into conformity.
The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.
106.02_National_10_23_2016
Delete Subsection 106.02 and replace with the following:
106.02 Visual Inspection.
Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. Use prevailing industry standards in the absence of specific contract requirements or tolerances.
107 - Legal Relations and Responsibility to the Public 107.05_National_7_18_2017
Delete Subsection 107.05.
Delete Subsection 107.05.
108 - Prosecution and Progress 108.00_National_9_16_2016
Delete Section 108 in its entirety.
Delete Section 108.
109 - Measurement and Payment 109.00_National_9_16_2016
Delete Subsections 109.06, 109.07, 109.08, and 109.09:
Delete Subsections 109.06, 109.07, 109.08, 109.09.
109.01_National_2_22_2019
Delete the third paragraph and Table 109-1 of Subsection 109.01 and replace with the following:
109.01 Measurement of Work.
Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement Subsection of the section controlling the work being performed. Table 109-1 indicates the accuracy required for quantities of the various pay units used in the Schedule of Items. Use this guide to determine the decimal placement in the final payment.
Table 109-1
Decimal Accuracy of Quantities for Final Payment
Pay Item Level of Precision Linear Foot 1
Exception--Timber, Steel, and concrete Piles 0.1 Station 0.1 Mile 0.01 Square Foot 0.1 Square Yard 0.1 Each 1 Acre 0.01 Gallon 1 M-Gals. 0.1 Cubic Yard 1
Exception--Structure Excavation; Sheathing Materials; Bedding, Bed Course, and Backfill Materials; Gabions;
0.1
Exception--Concrete; Masonry 0.01 Pound 1 Ton 0.1
Exception--Calcium Chloride;
Sodium Chloride; Hydrated Lime;
Bituminous Materials; Pavements;
Bed Course Materials
0.01
Hour 0.1
MFBM 0.01
Station Yard 1 Cubic Yard Mile 1 Ton Mile 1
109.02_National_9_16_2016
Add the following sentence to Subsection 109.02(b):
109.02 Measurement Terms and Definitions.
(b) Contract quantity.
Contract quantities will be adjusted only when there are errors in the original design of 15% or more.
155 - Schedules for Construction Contracts 155.00_National_9_14_2016
Delete Section 155 in its entirety.
Delete Section 155.
156 - Public Traffic 156.00_National_9_14_2016
Delete Section 156 in its entirety and replace with the following:
Section 156. – PUBLIC TRAFFIC Description
156.01 This work consists of controlling and protecting public traffic adjacent to and within the project.
Material
156.02 Conform to the MUTCD and the following Sections and Subsections:
Permanent Traffic Control 633
Traffic Signing and Marking Material 718
Concrete Barriers and Precast Guardwalls 618
Temporary plastic fence 710.11
Construction Requirements
156.03 General. Accommodate traffic according to MUTCD, approved traffic control plan and this section.
Perform work in a manner that ensures safety and convenience of the public. Unless otherwise provided for in Table 156-1, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will adequately accommodate traffic. Delays may not exceed 30 minutes at any one time followed by an open period of no less than 30 minutes. Accommodate public traffic on roads adjacent to and within the project until the project is accepted according to Subsection 106.07(b).
Submit traffic control plan at least 30 days prior to intended use. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan has been approved.
Post construction signs and traffic control devices in conformance with MUTCD and Forest Service EM 7100-15.
All required signs will be in place and approved prior to beginning work on project.
If the Contractor agrees in writing to allow public traffic to use a new road being constructed prior to completion, it will be considered an existing road for traffic control purposes.
156.04 Temporary Traffic Control. Install and maintain temporary traffic control devices adjacent to and within the project as required by the approved traffic control plan and the MUTCD. Install and maintain traffic control devices as follows:
(a) Furnish and install traffic control devices before the start of construction operations.
(b) All detours outside of clearing limits will be approved in writing by the Contracting Officer as part of the traffic control plan.
(c) Install only those traffic control devices needed for each stage or phase.
(d) Relocate temporary traffic control devices as necessary.
(e) Remove devices that no longer apply to the existing conditions.
(f) Immediately replace any device that is lost, stolen, destroyed, or inoperative.
(g) Keep temporary traffic control devices clean.
(h) Remove all temporary traffic control devices upon contract completion or when approved.
(i) When required, use flaggers certified by the American Traffic Safety Services Association, the National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags. Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.
156.05 Temporary Closures. Road segments may be closed as shown in Table 156-1. The maximum consecutive days of closure shall be followed by a minimum number of consecutive days open to traffic as shown. Maintain traffic control devices during closure period(s). Appropriate barricades and signs will be erected and maintained as shown in the traffic control plan or as otherwise designated.
Prior to closing roads during construction, give written notice to the Contracting Officer at least 10 days in advance.
Table 156-1 Temporary Road Closures
Road Number
From Terminus
To Terminus
Maximum Consecutive Days of Closure
Minimum Consecutive Days Open
9488E COC-3 9488M TBD TBD
9421Q 9488E End TBD TBD
156.06 Acceptance. Public traffic work will be evaluated under Subsection 106.02.
Measurement and Payment
156.07 Do not measure Public Traffic for payment. Payment for contract work is provided indirectly. See Subsection 109.05.
201 - Clearing and Grubbing 201.04_National_9_10_2018
Construction Requirements
Delete paragraph (c) and replace with the following:
201.04 Clearing
(c) In areas outside the excavation, embankment, and slope rounding limits, cut stumps to maximum stump height shown in table below.
Utilization standards for merchantable timber are listed below. Fall and buck merchantable material into lengths not to exceed ____10____ feet. Pieces (logs) meet utilization standards when such pieces would have met Utilization Standards if bucking lengths were varied to include such material.
Minimum Utilization Standards
Species Maximum Stump
Height (inches) Length (feet) Diameter1 (inches) % Net Scale2 Ponderosa Pine (Pulp)
6 10 5 N/A
Pinyon Pine/ Juniper 6 2 foot length with 4 pieces equaling 8
3 N/A
1 measured at inside bark at small end 2 in % gross scale
201.06_National_2_22_2018
Delete the first sentence of Subsection 201.06 and replace the following:
201.06 Disposal.
Merchantable timber is Government property.
205 - Rock Blasting 205.00_National_10_7_2016
Add the following to Subsection 205.03:
205.03 Regulations
(e) Forest Service. For projects in National Forest Service lands, comply with Forest Service Manual (FSM) 6745, Explosives and Blasting Materials.
Add the following to Subsection 205.06:
205.06 Preblast condition survey and vibration monitoring and control.
Limit blasting induced vibrations in saturated soils or on steep slopes as designated or as directed by the CO.
Notify the owners of nearby utilities at least 24 hours before blasting.
Add the following to Subsection 205.07:
205.07 Test Blasting.
Test blast at all new sources, when rock type changes, and when blast layout changes due to slope or other changes.
Add the following to the bulleted list in the eighth paragraph of Subsection 205.08:
205.08 Blasting.
• Precipitation exceeds 1 inch in any 24 hour period.
• Precipitation exceeds 3 inches in any 96 hour period.
• Precipitation exceeds 4 inches in any 144 hour period.
• A landslide occurs within 300 feet of a blast site under any precipitation conditions.
314 - Stockpiled Aggregates 314.00_National_7_17_2017
Add the following to Subsection 314.01:
314.01 Description.
Pit or quarry development work consists of clearing, grubbing, stripping topsoil, removing overburden, constructing access roads, conducting restoration activities, and performing other incidental work required for pit or quarry development.
Add the following to Subsection 314.04 after the first sentence of second paragraph:
314.04 Stockpile Site.
Submit a plan of operation according to Section 105.02. Perform the work in accordance with MSHA 30 CFR, part 56.
703 - Aggregate 703.05_National_12_15_2016
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.
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.
Delete Table 703-2 and replace with the following:
T ab le
-2 ar ge t V al ue
R an ge s f or S ub ba se a nd B as e
G ra da tio n
Pe rc en t b y M as s P as si ng D es ig na te d Si ev e
(A A
SH
T
O T an d
T
1)
G ra di ng
D es ig na tio n
E (B as e)
(6
(6
(4
4.
7.
(3
T he v al ue in th e pa re nt he se s i s t he a llo w ab le d ev ia tio n
) f ro m th e ta rg et v al ue s..
D (B
(6
(6
(6
(4
4.
7.
(3
C (B
(6
(6
4.
–7 .0
(3
B (S ub ba se
(8
4.
.0 (4
A (S ub ba se
(7
(6
(4
4.
8.
(3
Si ev e Si ze
2½ in ch
1½
3/
1/
N o.
N o.
Delete Table 703-3 and replace with the following:
ab le
-3 ar ge t V al ue R an ge s f or
S ur fa ce
G ra da tio n
Pe rc en t b y M as s P as si ng D es ig na te d Si ev e
(A A
SH
T
O T an d
T
1) ra di ng
D es ig na tio n
U
(6
(7
(5
8.
.0 (4
T he v al ue in th e pa re nt he se s i s t he a llo w ab le d ev ia tio n
) f ro m th e ta rg et v al ue s.
If th e pl as tic ity in de x (P
I) is g re at er th an th e
TV
ra ng e fo r t he
N o si ev e si ze is
(4
(7
(5
8.
.0 (4
S 10
(6
(7
(5
8.
.0 (4
H
(6
(6
(5
9.
.0 (4
(6
(6
(5
.0
6.
(4
F 10
-1
-8
-6
(6
-5
-3
(6
-2
(5
.0
-1 6.
(4
Si ev e Si ze
N o.
N o.
Add Table 703-13:
Table 703-13 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
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
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.dm.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)) http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html
52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 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) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
(APR 1984)
52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2019) 52.245-1 Government Property (JAN 2017 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering--Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEPT
1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.224-70 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) 52.216-24 -- Limitation of Government Liability (Apr 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ____________________ dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is ___________ dollars.
(End of Clause)
52.216-25 -- Contract Definitization (Oct 2010)
(a) A ______________ [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a _________ [insert specific type of proposal; (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.
(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:
(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.
(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by --
(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.
(End of Clause)
52.222-35 -- Equal Opportunity for Veterans (Oct 2015)
(a) Definitions. As used in this clause--
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.
[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.
(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).
(End of Clause)
52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.
(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended.
(End of Clause)
FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and http://www.biopreferred.gov/ http://www.sam.gov/
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
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.
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