12854418R0001.pdf

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)

894970

SHOSHONE NATIONAL FOREST

808 MEADOW LANE

CODY WY 82414

Contracting Officer

Shoshone National Forest 808 Meadow Lane Avenue Cody, WY 82414

DEBBRA STULC (307)578-5148

1x 04/04/2018

12854418R0001

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

Contract specifications, statement of work, and drawings for the replacement and repair Warm Springs #1 Bridge - #532-1.63.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

Section C.

05/17/2018

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

SHOSHONE NATIONAL FOREST

808 MEADOW LANE

CODY WY 82414

DEBBRA J. STULC

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

3 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12854418R0001

FOB: Destination

001 Replacement and Repair Warm Springs #1 Bridge -

#532-1.63

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

12854418R0001 Shoshone National Forest Warm Springs #1 Bridge #532-1.63 Replacement and Repair

SECTION B - SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS.

Warm Springs #1 Bridge # 532-1.63

Item No

Description

Method of

Measure

Unit

Qty.

Unit Price

Total

151(01) Mobilization L.S.Q. L.S. 1

203(05) Removal of Structures and Obstructions L.S.Q L.S. 1

301(13) Aggregate surface course, Type Grading G, Compaction Method A C.Q. C.C.Y. 42

555(01) Structural steel, channel stiffener, furnished, fabricated and erected C.Q. Pound 1586

556(01) W-beam, Type IV, Class A, Steel Side- Mounted Bridge Railing C.Q. Foot 116.2

556(07) Terminal section, Type 3K C.Q. Each 4

556(50) Bridge approach railing, Type IV, Class A C.Q. Foot 65

557(04)A Treated Structural Timber and Lumber, Dowel-Laminated Deck

L.S.Q.

L.S.

557(04)B Treated Structural Timber and Lumber, Abutments, Pier and Run L.S.Q. L.S. 1

573(01) Concrete Abutment and Pier Repair L.S.Q. L.S. 1

574(01) Epoxy Concrete Overlay L.S.Q. L.S. 1

633(06) Object Markers, Furnished and Install C.Q. Each 4

TOTAL

B.1.1 Offeror must submit pricing on all line items in the schedule of items.

B.1.2 Offer is valid for 30 days from offer due date.

B.2 SYSTEM FOR AWARD MANAGEMENT (SAM).

To be eligible for award under this contract, you must be actively registered in the System for Award Management (SAM.gov) - this is a free service - you do not need to pay to register in the system. If your registration is not active, you will not be considered for award.

B.3 NON-DISCRIMINATION STATEMENT.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK.

The work shall consist of what is shown on the plans, stated in the specifications, and summarized below:

• Implement traffic control plan including closing bridge and road closed ahead signs.

• Remove existing bridge. Salvaging bridge timber stringers.

• Repair concrete on abutments and pier.

• Replace wingwall timbers on abutments and install abutment caps and pier cap.

• Install new timber superstructure.

• Install the approach and bridge rails and object markers.

• Install the aggregate surface course

C.2 MAGNITUDE OF THE PROJECT.

Between $250,000.00 to $500,000.00

C.3 CONTRACT TIME.

The contractor will have 90 calendar days from Notice to Proceed (NTP) to complete the work.

C.4 PROJECT LOCATION.

The bridge is located approximately 15 miles northwest of Dubois, Wyoming in the Shoshone National Forest.

C.5 WORK PROCEDURE.

C.5.1 All work related to this project shall be done in accordance with all applicable OSHA, Federal, and State of Wyoming regulations.

C.5.2 Final construction staging areas shall be designated by the Contracting Officer or their designated representative. Security of the staging area shall be the responsibility of the Contractor.

C.5.3 If the contractor will be camping near the site, a permit must first be obtained. The permit request shall be made through the Contracting Officer or their designated representative.

C.6 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS.

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is in compliance with reasonable and customary manufacturing and construction tolerances.

C.7 STANDARD SPECIFICATIONS.

Construction shall conform to the specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, U.S. Customary Units” publication FP-03, 2003 Edition. This publication may be obtained from the Federal Highway Administration website at https://flh.fhwa.dot.gov/resources/specs/fp-03/ .

C.8 ADDENDUM TO STANDARD SPECIFICATIONS.

Addendum to the standard specifications can be found in Section J - Attachment 1.

C.9 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988).

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

(End of Clause)

C.10 AGAR 452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS. (FEB

1988).

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

C.11 LIST OF REQUIRED SUBMITTALS.

The required submittals shall include, but are not limited to, the following:

Submittal Type Plan Sheet Reference

Specification Reference Description

Equipment Inspection NA Special Contract

Requirement 107 Equipment Inspection

Written Plan N/A Std. Specification Section 153 and Special Contract Requirement 153

Quality Control Plan

Written Plan N/A Special Contract Requirement 153

Proposal for Alternate Test Methods (if applicable)

Written Plan N/A Special Contract Requirement 107 Hazardous Spill Plan

Written Plan N/A Special Contract Requirement 107

Fire Prevention and Suppression Plan

Written Plan N/A Special Contract Requirement 157 Erosion Control Plan https://flh.fhwa.dot.gov/resources/specs/fp-03/

Written Plan N/A Special Contract Requirement 203 Demolition Plan

Written Plan N/A Special Contract Requirement 155

Written Plan for Construction Schedule

Written Plan N/A Special Contract Requirement 156

Written Plan for Traffic Control

Certification/ Documentation N/A

Special Contract Requirement

105.02 (b)

Certification of Weed Free Material

Certification/ Documentation N/A Special Contract

Requirement 153 Certification of Testing Personnel

Certification/ Documentation N/A Special Contract

Requirement 153 Documentation of Testing Equipment

Certification/ Documentation N/A Standard Specification

Section 552 Concrete Mix Design

Certification/ Documentation Sheet 2 N/A Certification of Timber

Fabrication (4 Documents)

Certification/ Documentation N/A Special Contract

Requirement 107 Noxious Weed Certification (Vehicles)

Certification /Documentation N/A Special Contract

Requirement 153 Material Test Reports

Certification/ Documentation Sheet 11 N/A

Assay Retention Reports For The Approach Rail Posts and Blocks

Certification/ Documentation Sheet 11 N/A

Species and Grade Certifications For The Approach Rail Posts and Blocks

Documentation N/A Standard Specification 109.01

Measurement Notes

Documentation N/A Standard Specification 301.03

Target Values for Aggregate

Documentation N/A Standard Specification 552 Concrete Tests Results/Reports

Drawings Sheet 2 N/A Timber Shop Drawings

Drawings Sheet 9 N/A Bridge Rail Shop Drawings

Drawings Sheet 10 N/A Approach Rail Shop Drawings

The following table lists submittals for administrative purposes but may not be inclusive of all requirements:

SUBMITTALS DATE DUE

Performance & Payment Bonds Within 10 days after contract award.

Insurance Upon award of a contract. (see Section I.8)

Payment Certification Form

With each invoice request for payment. (see Section G.1.2 & Section J – Attachment 9)

Certified Payrolls or WH 347 Form Weekly. (see FAR 52.222-8 Payrolls and Basic Records (May 2014))

Certification & Contract Release

With final payment and each request for payment. (See G.2 & Section J – Attachment 8)

Designation of a Contractor’s Representative

When superintendence is not by the contractor and they are delegating authority to a representative. (See G.3 & Section J – Attachment 7)

C.12 PROCUREMENT OF BIOBASED PRODUCTS.

The use of biobased products is required in all United States Department of Agriculture Forest Service Construction and Service Contracts. The following list of products has been identified for potential use in the performance of this contract, but is not limited to this list: office products, diesel fuel additives, fuel conditioners, mobile equipment hydraulic Fluids, penetrating lubricants and greases for trucks, and erosion control material. To find out more about use of preferred biobased products go to https://www.biopreferred.gov/BioPreferred/.

https://www.biopreferred.gov/BioPreferred/

SECTION D - PACKAGING AND MARKING

(THIS SECTION IS NOT USED)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (APR 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. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988).

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: project site.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) Alternate I (APR 1984.

The Contractor shall be required to (a) commence work under this contract within ten calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 28, 2018.

The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

F.2 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984).

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of Clause)

F.3 AGAR 452.236-75 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (NOV 1996).

Within five calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 40 hours per week Monday through Friday unless otherwise proposed by the contractor and accepted by the contracting officer.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENTS.

G.1.1 Effective February 24, 2014, 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 invoice via IPP as prescribed. 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. Make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

G.1.2 A contract payment certification form must be submitted with each request for payment (see Section J – Attachment 9).

G.1.3 Before final acceptance and payment, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

G.2 CERTIFICATION AND CONTRACT RELEASE.

A completed certification and contract release form shall be submitted as required for contract closure and may be submitted with final request for payment (see Section J - Attachment 8).

G.3 DESIGNATION OF GOVERNMENT REPRESENTATIVE.

G.3.1 The Contracting Officer will designate a Contracting Officer’s Representative (COR) in writing at the time of contract award.

G.3.2 The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting pre-final and final inspections. In addition the COR oversees administrative matters (e.g., submittals). The COR is not authorized to direct changes that change the terms and conditions (such as price, quality, quantity, delivery/time) of the contract or bind the Government to any contractual agreement.

G.3.3 The COR may not delegate duties for inspection and contract compliance; only the Contracting Officer may delegate authority under the contract.

G.3.4 On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm effort outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3.5 In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

G.4 CONTRACTOR’S REPRESENTATIVES.

G.4.1 At all times during performance of this contract and until work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent representative who has authority to act for the Contractor.

G.4.2 The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a contract representative (1) conversant in the English language and (2) able to read and understand the contract.

G.5 NOTIFICATION OF SUBCONTRACTING.

G.5.1 The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

G.5.2 Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under the contract. Contractors are required to follow FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment when subcontracting.

G.5.3 The contractor shall submit a completed subcontracting form SF 1413 Statement and Acknowledgement to the Contracting Officer to provide documentation that terms and conditions are provided to the subcontractor (See Section J - Attachment 6).

G.6 NOTICE TO PROCEED.

G.6.1 A Notice to Proceed (NTP) will be issued in writing by the Contracting Officer. The Contractor shall return a signed copy of the NTP. Work shall not begin until the Contracting Officer receives the signed NTP. Contract time shall commence on the day indicated on the Notice to Proceed.

G.6.2 A NTP must be issued for the purchase of project materials prior to start of work.

Supplies purchased prior to receipt of the Notice to Proceed by the Contractor will not be reimbursed in the case of a Termination of the contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 EMERGENCY CONTROL – FIRE PLAN.

See 107.11 Addendum to Standard Specification (Section J - Attachment 1).

H.2 SAFETY PLAN.

H.2.1 Submission of a Safety Plan is required by OSHA and must be kept in the contract file. The safety plan is not approved or disapproved by the government. The Contractor must provide a copy of their safety plan before or at the preconstruction meeting.

H.2.2 The Safety Plan should be available to all employees and subcontractors working under this contract.

H.3 PERSONAL PROTECTIVE EQUIPMENT.

H.3.1 The Contractor will train workers using equipment, in the safe operation and use of such equipment.

H.3.2 The Contractor will provide the proper personal protective equipment (PPE) in accordance with OSHA requirements. Defective or damaged personal protective equipment shall not be used.

H.4 BEAR SAFETY.

H.4.1 Occupancy and Use Restrictions Order is in place for the Shoshone National Forest (see Section J – Attachment 4). Contractor shall comply with the Order.

H.4.2 Garbage, unused foods, petroleum products, antifreeze and other bear attractants shall be removed from Shoshone National Forest lands daily or stored in acceptable bear-resistant containers on federal lands while not in use. For acceptable bear-resistant containers the Contractor should refer to http://www.igbconline.org/index.php/safety-in-grizzly-country/bear- resistant-products .

H.4.3 Violation by the Contractor, his agents and employees, of the Endangered Species Act of 1973 on lands covered by and used in conjunction with this contract will be cause for termination of this contract.

H.4.4 The Contracting Officer or his representatives may order an immediate temporary suspension of all activities within the camping or work areas if needed to resolve potential or existing grizzly/human conflicts. The Contractor shall immediately comply with this direction.

It should be noted that the Government shall not be liable for any consequences from any such suspensions to contracts that are less than 10 days in length.

http://www.igbconline.org/index.php/safety-in-grizzly-country/bear-resistant-products

H.4.5 The Contractor assumes full responsibility and shall hold the Government harmless from any and all claims by the Contractor, subcontractor, or third parties for any damage to life or properties arising from the activities authorized by this contract and encounters with grizzly bears from suspensions of activities authorized by this contract. Intentional or negligent acts by the Contractor or subcontractors, employees, or third parties that result in injury or death of a grizzly bear will be cause for suspension or termination of this contract in whole or part.

H.4.6 Contractor personnel shall not intentionally approach closer than 100 yards to a grizzly bear.

H.4.7 Feeding the bears for any purpose is prohibited.

H.4.8 Any bear activity within or adjacent to camping or work areas will be reported to the Contracting Officer or his representatives within 12 hours.

H.4.9 Hard sided camping only may be required in certain areas of the Shoshone National Forest. Contact the local District Ranger’s office for information regarding camping.

H.5 CAMPING AND WORKSITE CONDITIONS.

H.5.1 The Contractor will comply with the regulations governing the operations of premises which are occupied and will perform this contract in such a manner as to not interrupt or interfere with the conduct of Government business.

H.5.2 The Contractor will obtain a camping permit from the agency where the work is being performed, prior to camping on agency land. Final payment shall be withheld until the authorized camping areas have been cleaned to the requirements of each respective camping permit.

H.5.3 A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

H.6 OIL AND HAZARDOUS MATERIALS SPILL CONTINGENCY PLAN.

H.6.1 If the Contractor maintains storage facilities for oil or oil products on National Forest lands, Contractor shall take appropriate preventative measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States Territories (see Section J – Attachment 5).

H.6.2 Contractor shall prepare a Spill Prevention Control and Countermeasures Plan for oil or oil products storage.

H.6.3 Contractor will have an oil/oil products spill remediation kit on site at all times. Kit contents will include: 20 – 15”x19” Pads, 3 – 3”x4’ socks, 5 Disposable bags & ties, 1 pair Nitrile gloves, 1 pair of Safety Goggles, 1 clear bag w/ zipper for packaging.

H.6.4 Contractor shall notify the Contracting Officer Representative, Contracting Officer, and appropriate agencies of all spills in the amount of five gallons or more of oil or oil products on National Forest lands that are caused by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations. Contractor will take whatever initial action may be safely accomplished to contain all spills. (See Section J – Attachment 5)

H.7 HAZARDOUS SUBSTANCES.

Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on National Forest lands that are caused by Contractor’s employees, equipment, agents, contractor, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302. (Reference Section J - Attachment 5)

H.8 TRAVEL MANAGEMENT AND MOTORIZED EQUIPMENT.

Use of motorized equipment other than hand-held equipment will not be permitted off designated roads without approval of the Contracting Officer’s authorized representative or as provided elsewhere herein.

H.9 CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS) PROGRAM.

This contract is subject to reporting in the Contractor Performance Assessment System (CPARS) program. Contractors will need to provide a point of contact with email address upon award of contract. Information on CPARS can be found at https://www.cpars.gov/index.htm.

https://www.cpars.gov/index.htm

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

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

https://www.acquisition.gov/browsefar or http://farsite.hill.af.mil/

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number

Title Date

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

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 2016)

52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

52.204-13 System for Award Management Maintenance. (OCT 2016)

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)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records Negotiation (OCT 2010) https://www.acquisition.gov/browsefar http://farsite.hill.af.mil/

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

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns (NOV 2016)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-28 Post-Award Small Business Program Re-representation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 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. (MAR 2015)

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)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.223-20 Aerosols. (JUN 2016)

52.223-21 Foams. (JUN 2016)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-4 Patent Indemnity – Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (JAN 2012)

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)

52.232-17 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. (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes - Alternate I – (DEC 1991) (MAY 2014)

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)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-16 Quantity Surveys. - Alternate I (APR 1984) (APR 1984)

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. (JUL 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-4 Changes. (JUN 2007)

52.244-6 Subcontracts for Commercial Items. (NOV 2017)

52.245-9 Use and Charges (APR 2012)

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) - Alternate I (SEP 1996) (APR 2012)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

DEPARTMENT OF AGRICULTURAL ACQUISITION REGULATION (AGAR) (48 CFR

CHAPTER 4) CLAUSES

Clause Number Title Date

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint.

(NOV 1996)

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-76 Samples and Certificates. (FEB 1988)

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016).

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

I.3 FAR 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (APR 2014).

(a) Definitions.

Bureau of Land Management, as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.

Federal helium supplier means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office's Authorized List of Federal Helium Suppliers available via the Internet at http://www.blm.gov/nm/st/en/fo/Amarillo_Field_Office.html.

Major helium requirement means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year.

(b) Requirements-(1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

(2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier-

(i) The name of the supplier;

(ii) The amount of helium purchased;

(iii) The delivery date(s); and

(iv) The location where the helium was used.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement.

I.4 FAR 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 to identify properly the parties and their undertakings.

(End of clause)

I.5 FAR 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.

I.6 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.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

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

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

(ii) The construction material is a…