Final_RFQ_False_Island_Roads.pdf

PART I—THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

(SCHEDULE OF ITEMS)

See Attached Schedule of Items (Attachment 1).

* Denotes Contract Quantities B.1 Offeror’s must submit prices for all items on in the Schedule of Items to be considered responsive to this solicitation.

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts shall not be in addition to contract price. Include bond payments under 15101 Mobilization.

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

Payment will be made only for those items listed on Bid Schedules. All other work is incidental to these pay items.

Additional Vendor Information

Contact Name:

Phone No:

Cell Phone No:

DUNS No:

Email:

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

False Island Road Maintenance

C.1 Scope

a. Description. This project will maintain roads and drainage on the False Island and Sitkoh road systems and maintain existing fish passage. The project will include the following work:

Base:

This work will include but is not limited to:

(1) Ditching and ditch cleaning

(2) Cleaning and Reconditioning Culverts and Catch basins

(3) Replace rusted and damaged culverts

(4) Replace bridge deck wearing surface

(5) Install riprap stream bank protection as directed

(6) Spot blading and compaction

(6) Apply seed and fertilizer to disturbed areas of soil after construction.

Option 1 Reconstruct False Island log crib LTF to existing size, elevation, and dimensions according to plans. Furnish all equipment, labor, and materials except for logs supplied as Construction Timber, and additional Government furnished pit run and riprap. This work will include but not limited to: Excavation and Embankment, haul, removal and decking of existing crib logs in Sort Yard. Apply geotextile to perimeter of crib surfaces after chinking. Young Growth chinking available. Reuse dead man logs if sound.

Option 2 Remove, dispose and replace existing wearing surface on 40’ modular bridge on road 7544 MP 2.6. Utilize untreated old growth or optional second growth Hemlock. Perform work in conformance with typical drawing and Specifications.

Option 3 Replace failing culverts including beaver bafflers inlets in Class 1 and 2 fish streams and beaver pond areas. Adhere to fish timing windows and concurrence requirements. Install all cmps 2% grades or less.

Option 4 Method A mechanical brushing of Road 7548 from MP 1.847- 5.416. Work may include Excavator removal of large alder stems & limbs followed by rotary brushing of smaller stemmed vegetation.

Option 5 Remove, dispose and replace existing wearing surface on 60’ modular bridge on road 7548 MP 1.6. Utilize untreated old growth or optional second growth Hemlock. Perform work in conformance with typical drawing and Specifications.

Option 6 Clearing and Grubbing Alder on 75442 3’ each side of existing roadway. Deck alders for cabin firewood.

Place 1’ lift of compacted pit run or screened 4” minus on road. Center lift on existing roadway to 10’ traveled way width.

b. Location

The project is located on the False Island road system on southern Chicagof Island. False Island is situated approximately 35 air miles northeast of Sitka, Alaska. The site is accessible by boat, fixed wing aircraft, barge.

c. Price Range: $100,000- $250,000 Base and all options

C.2 Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03.

The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

ISBN 0-16-051430-4

1.D.O.T. FHA STANDARD SPECIFICATIONS FOR CONSTRUCTION OF

ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS FP-03 U.S.

Customary Units

2.BEST MANAGEMENT PRACTICES BMP’S Soil and Water Conservation

Handbook FSH 2509.22

Are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

FLH Standard Specifications (FP-03) can be obtained from the Federal Highway Administration Home Page on the Internet. It is in Word or Adobe Acrobat page description format at:

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

Or online at: http://bookstore.gpo.gov/ http://bookstore.gpo.gov/

C.3 Safety and Public Notification

Warning signs will be placed at the proper locations to warn the public of road work. All signs shall meet the minimum requirements as established by the Manual of Uniform Traffic Control Devices (MUTCD), 2003 edition. A public notice of where and when the public might expect delays due to project work will be in Sitka newspaper and several publicly located bulletin boards in Sitka boat Harbors and FI dock.

C.4 Damage to Structures

The Contractor shall be held liable for any damage caused by his/her personnel or equipment to any existing bridges, ditches, culverts, signs, or riprap at culvert inverts.

Repair of structures damaged by the Contractor's operations, shall be the Contractor's responsibility at no cost to the Government.

C.5 Special Project Specification and Forest Service Supplementation

SPECIAL NOTE: The above is a list of major specifications applicable to this contract.

Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.1 52.246-12 Inspection of Construction (AUG 1996) – this clause replaces the Inspection/Acceptance section of 52.213-4(d).

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F.1 FAR 52.242-14 Suspension of Work (APR 1984)

F.2 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 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 1, 2016. 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, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award or pre-work conference with the successful offeror is required. It will be scheduled and held within a reasonable time after award and prior to issuing the Notice to Proceed.

G.2 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov approved without a properly executed Contract Release, Form 6300-16.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G.3 Contract Administration

This contract will be administered by the Contracting Officer located at:

Alaska Region P.O. Box 21628

Juneau AK 99801

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.4 Designation of Contracting Officer's Representative

The Contracting Officer will designate a Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, 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.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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 effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should 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.5 Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

See Section I.

H. 2 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS,

DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) The Schedule (Includes Section H)

(b) Special Project Specifications (Latest date highest precedence)

1. Tongass NF. Special Project Specifications

2. Region 10 Special Project Specifications

(c) Standard Specifications

(d) Drawings

1. Drawings, figured dimensions over scaled dimensions.

2. Drawings, large scale contract drawings over small scale contract drawings.

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.).

H. 3 LANDSCAPE PRESERVATION

(a) Confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize road closures to maximum of 3 days and erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Do not allow wash water or waste water from concrete or aggregate operations to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

1. Do not cross streams without Contracting Officer approval.

2. Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before creek crossing is planned. Two machine crossings will be permitted between June 1 and August 15 for all streams designated on the drawings as fish streams. Outside of this time period, no machine crossings will be permitted if fish eggs are present in the gravel or adult fish are present in the stream; otherwise two machine crossings will be permitted.

3. Limit machine crossings to two times for all live streams not designated on the drawings as fish streams with pipes 48” and larger to be installed.

4. Do not leave temporary bridges in place between September 15 and March 15, unless approved in advance in writing by the Contracting Officer.

5. In stream work will only be allowed with the following schedule.

All Roads in This Contract June 1 – August 15

Other timing must be requested from the CO.

6. Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal Agencies:

a. ADNR – Alaska Department of Natural Resources.

b. ADEC – Alaska Department of Environmental Conservation.

c. ADGC – Alaska Department of Governmental Coordination.

d. EPA – US Environmental Protection Agency.

e. DA, COE – US Army Corps of Engineers.

f. USCG – US Coast Guard.

H. 4 USE OF PREMISES

(a) Obtain written approval from the Contracting Officer before opening or operating on

National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

1. Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

2. Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

3. Ensure that the design, operation, and maintenance of all solid waste systems under

Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

4. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage.

Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following information in this plan:

1. Location and size of the proposed camp development, including a map.

2. Wastewater system.

3. Number of people who will use the site and proposed dates of occupancy.

4. Power supply system.

5. Water supply system.

6. Building layout, shop area, living quarters.

7. Road and trail layout.

8. Clearing limits and slash disposal locations.

9. Borrow areas.

10. Dock and access location.

11. Equipment and fuel storage area and Spill Prevention Control and Countermeasure

(SPCC) plan.

12. Incinerator location and ash disposal plan.

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H. 5 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

(a) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

(b) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4 inches of snow unless the road has been snowplowed.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H. 6 ROAD MAINTENANCE REQUIREMENTS

Perform road maintenance work on the required roads in accordance with the following:

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders. Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace material eroded from fill slopes and clean out drainage ditches and culverts subject to the above equipment limitations.

Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H. 7 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the

Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed.

Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 16-20 Axe, d.b chopping, 32-inch min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32-inch min. handle 2 3 7 10 File, 10-inch mill bastard 1 1 1 2 Pumps, backpack cans, 5-gal filled with water

1 2 2 3

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4 pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8 ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H. 8 CONSTRUCTION STAKES, LINES, AND GRADES

Contractor will perform all construction staking necessary for completion of contract. The Government will provide location staking for all proposed work.

H. 9 PROSECUTION OF WORK

The initial embankment depth shall be as SHOWN ON THE DRAWINGS or determined by the Contracting Officer. Reestablish design centerline grade and alignment in accordance with Section 152 as construction progresses, and prior to the placement of borrow excavation.

Reestablished design grades may be re-staked by the Contracting Officer to meet local conditions. Final grades may be at elevations other than those SHOWN ON THE DRAWINGS, but in no instance will they be lower than that of the surrounding ground elevations. When directed by the CO, return to previously constructed road or trail embankments and place additional borrow material where subsidence has occurred as a result of construction traffic displacing unstable or weak soil underlying the roadway.

H. 10 DISPOSAL OF MERCHANTABLE TIMBER

All timber meeting Forest Service merchantability standards logged during prosecution of this contract, remains the property of the Government. Deck logs in the immediate vicinity in accordance with Section 201 Specifications.

Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece shall be 6 inches in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

Trim allowance shall be a maximum of 12 inches for log lengths up to 40 feet. An additional 2 inches of trim shall be allowed for each 10 feet of log length over 40 feet.

Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

H. 11 LOCAL MATERIAL SOURCES

Contractor will reuse rock that is suitable from excavating out the culvert sites when replacing culverts. There are No Designated rock sources for this project. Potential sources include :

Road 7540 MP 6.1, 8.4 Road 7546 MP 5.5, 7.7 Road 7544 MP 2.2

H. 13 GOVERNMENT FURNISHED MATERIALS

The contractor is to provide all materials, labor, transportation, and facilities for work on this project. The government is not furnishing any materials, labor, transportation, or facilities except those raw materials specifically mentioned in LTF reconstruction.

H.14 OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contact. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.15 OPTIONAL ITEMS

When the Government exercises optional work, the price provided by the contractor at time of solicitation is the contract price for that work. The Contracting Officer will modify the Contract Completion Date to extend the date as follows:

Option 1- 20 calendar days Option 2- 5 calendar days Option 3- 6 calendar days Option 4 – 12 calendar days Option 5- 6 calendar days Option 6- 6 calendar days

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items)

(Feb 2016) Fill-in: www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html FAR 52.246-12 Inspection of Construction replaces FAR 52.213-4(d) Inspection/Acceptance

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 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 Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction (MAY 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-9 Buy American Act-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 an article, material, or supply incorporated directly into a construction material.

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

“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 COTS item.

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

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

(b) Domestic preference.

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

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

______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

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) 52.228-13 Alternative Payment Protections (Jul 2000) fill-in: Payment Bond or Irrevocable

Letter of Credit 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract (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) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (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) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2015) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

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

I.2 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-70 Alternative Forms of Security (NOV 1996) If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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

SECTION J--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages/Sheets

1. Schedule B – Schedule of Items Excel 1 tab

2. False Island 2016 Road Maintenance Project Drawings 6

3. False Island MAF Construction Drawings (Information Only) 6

4. Forest Service Supplemental Specifications 43

5. ADF&G Concurrences for Instream Work

4. DOL Wage Decision No. AK160001, dtd 4/15/2016 13

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, SECTIONS K, L,

AND M, WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT

DUPLICATED AFTER CONTRACT AWARD. HOWEVER, SECTION K WILL BE

INCORPORATED BY REFERENCE INTO THE RESULTING CONTRACT.

"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 for 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 of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.”

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.204-8 Annual Representations and Certifications (APR 2016) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310 – Highway, Street, and Bridge Construction.

(2) The small business size standard is $36.5 million

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

_X__ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are https://www.acquisition.gov/ current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

FAR 52.204-16 Commercial and Government Entity Code reporting (Nov 2014) FAR 52.204-19 Incorporation by Reference of…