AG-0116-S-11-0099_Situk_River_WWA_Improvements.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)

519189

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

John Inman, Contracting Officer

Tongass National Forest 648 Mission St Ketchikan AK 99901

JOHN INMAN 907-228-6231

1x 06/29/2011

AG-0116-S-11-0099

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

Tongass National Forest

Yakutat Ranger District

Situk River Watchable Wildlife Area Improvements

In strict accordance with the Contract Schedule, Clauses, and Attachments.

This acquisition is a total set-aside for small business concerns.

The estimated price range of FAR 36.204 is between $500,000 and $1,000,000 for the base work and between $1,000,000 and $5,000,000 for all work including the options work.

This is a best-value acquisition. A written technical proposal is required. See provision L.3 on page 29.

A pre-proposal conference and site visit is planned for July 13, 2011. See provision L.2 on page 28.

Questions must be directed to the contracting officer.

Continued ...

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.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

08/08/2011

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

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

JOHN INMAN

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...

Solicitation AG‐0116‐S‐11‐0099 Situk River Watchable Wildlife Area Improvements p. 3 of 31

Section B—Supplies or Services and Prices/Costs

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

Base Work Situk River Watchable Wildlilfe Area Improvements Project, as described in the schedule, contract clauses, and attachments.

JOB

For administrative convenience and for the purpose of progress payments under the contract clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, the contract line item 001 above is divided into sub-line items 001A to 001H below. The sum of the sub-line item amounts below shall not exceed the line item job price above.

001A Mobilization

1 LUMP

SUM

001B SW Quadrant Demolition

1 JOB

001C SW Quadrant Access Road, Parking, and Associated Pedestrian Aggregate Surfacing

001D SW Quadrant Boat Ramp

001E SW Quadrant Aggregate Camp Pads 1 - 3 and Associated 276’ Trail

001F SW Quadrant Site Furnishings

001G SW Quadrant Vault Toilet

001H NE Quadrant Demolition, Access Road, Parking, Trails, and Site Furnishings

Situk River Watchable Wildlife Area Improvements p. 4 of 31

Section B—Supplies or Services and Prices/Costs

ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

Option Items

101 Option Item 1 SW Quadrant Group Picnic Shelter with Pedestrian Aggregate Surfacing and Associated 46’ Trail

1 JOB $________ $________

102 Option Item 2 SE Quadrant Demolition, Access Road and Parking, and Associated Pedestrian Aggregate Surfacing

1 JOB $________ $________

103 Option Item 3 SW Quadrant Aggregate Camp Pads 4 - 6 and Associated 90’ Trail

1 JOB $________ $________

104 Option Item 4 SE Quadrant Trails and Site Furnishings

105 Option Item 5 SW Quadrant Wood Tent Pads 1 - 3

106 Option Item 6 SW Quadrant Wood Tent Pads 4 - 6

107 Option Item 7 Live Cutting Poles

Note regarding sub-line item 001A. The offeror is cautioned that the mobilization price proposed for sub-line 001A should not be so high as to suggest unbalanced pricing or an advance payment, as these are causes for rejecting a proposal. Payment for bond premiums in accordance with the contract clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall be included in the job price for line item 001 and sub-line item 001A. Progress payments for the mobilization lump sum will be paid as follows—

(a) Bond premiums will be reimbursed according to contract clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, after receipt of the evidence of payment.

(b) When five percent of the original line item 001 price is earned from other sub-line items, fifty percent of the mobilization price will be paid (or five percent of the original line item 001 price, whichever is less).

(c) When ten percent of the original line item 001 price is earned from other sub-line items, one hundred percent of the mobilization price will be paid (or ten percent of the original line item 001 price, whichever is less).

(d) Any portion of the mobilization price in excess of ten percent of the original line item 001 price will be paid after final acceptance.

Situk River Watchable Wildlife Area Improvements p. 5 of 31

Section C—Description/Specifications/Statement of Work

SECTION C—DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1—Project Description

(a) Description. This project is for improvements to the Situk River Watchable Wildlife Area.

Work includes mobilization, demolition, site preparation, earthwork, new construction, vault toilet installation (Government supplied), site furnishings, landscape restoration, and dewatering of work areas. Demolition work entails removal and disposal of fire rings, campsite markers, culverts, log edging, bulletin boards, and comment and guide boxes. Site preparation includes roadway obliteration, and clearing, grubbing, and limbing/bucking of trees. New construction includes crushed surface roadways, parking areas, pedestrian trails; aggregate pad surfacing; boat ramp; pipe culverts; bulletin boards; site furnishings; live cutting poles;

and timber picnic structure with concrete pad. Revegetation is incidental to the Access Road and Parking items.

(b) Location. The USDA Forest Service Situk River Watchable Wildlife Area is located at the Situk River bridge (locally known as Nine Mile Bridge) east of Yakutat, Alaska. It is located on Forest Highway 10 (FH 10) approximately 9 miles from its junction with Airport Road. FH 10 is owned and maintained by Alaska DOT. Areas planned for development are located at the northeast, southwest and southeast quadrants centered on the Situk River Bridge. Yakutat is served by commercial airlines, freight, and commercial barge lines. The nearest full service city is Juneau, Alaska.

(c) Estimated Price Range (FAR 36.204). Between $500,000 and $1,000,000 for the base work (line item 001), and between $1,000,000 and $5,000,000 for all work including option items.

C.2—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.

Situk River Watchable Wildlife Area Improvements p. 6 of 31

Section D—Packaging and Marking

SECTION D—PACKAGING AND MARKING

D.1—Marking of Material Shipments

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2—Project Labeling for Official Correspondence

The Government identifies each project with a contract number at time of contract award.

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

Situk River Watchable Wildlife Area Improvements p. 7 of 31

Section E—Inspection and Acceptance

SECTION E—INSPECTION AND ACCEPTANCE

E.1—FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (Aug 1996)

Situk River Watchable Wildlife Area Improvements p. 8 of 31

Section F—Deliveries or Performance

SECTION F—DELIVERIES OR PERFORMANCE

F.1—FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work (Apr 1984)

F.2—Option Effect on Period of Performance

The period of performance as shown in the contract clause at FAR 52.211-10 will remain unchanged by the Government’s exercise of an option item within the time period specified in the contract clause at FAR 52.217-7.

F.3—Hours of Work

The contract work shall be accomplished within a workweek within Sunday to Saturday and hours within 6:00am to 8:00pm.

Situk River Watchable Wildlife Area Improvements p. 9 of 31

Section G—Contract Administration Data

SECTION G—CONTRACT ADMINISTRATION DATA

G.1—CONTRACT ADMINISTRATION

(a) Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) Contracting Officer’s Technical Representative (COTR). The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Technical Representative (COTR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COTR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COTR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) Contractor’s Representative. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

Situk River Watchable Wildlife Area Improvements p. 10 of 31

Section H—Special Contract Requirements

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1—Government-Furnished Materials

Vault Toilet. The Government will provide the pre-engineered vault toilet structure, components, hardware, and accessories. The building, tank, and all appurtenances are located at the Forest Service Yakutat compound, 872 Cannon Beach Road, Yakutat, Alaska, 99689.

The Contractor is responsible for transporting government furnished materials to the project site. The vault toilet is a single vault Cascadian as manufactured by CXT Concrete Buildings.

Contact for Northwest Region is Eric Kuester, 3808 N. Sullivan Road, Bldg 7, Spokane, WA 99216; (800) 696-5766 ext 3255; www.cxtinc.com. The electronic AutoCADD 2011 files will be available to the successful offeror after award of the contract.

H.2—Items to Remain the Property of the Government

The Contractor shall verify with the Contracting Officer that any items intended to be salvaged by the Government, not specifically noted on the plans, have been removed by Government personnel, and shall cooperate with Government personnel as required.

H.3—Permits

(a) The Forest Service has acquired the following permits—

(1) US Army Corps of Engineers Nationwide Permit POA-2010-0443

(2) State of Alaska ADF&G Fish Habitat Concurrence FH10-I-0077

(3) State of Alaska DOT Encroachment Permit

(4) State of Alaska DOT Driveway Permit

(b) The Contractor is responsible for obtaining all other permits and associated fees required to complete the project. The Contractor shall 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, as follows—

(1) ADNR - Alaska Department of Natural Resources.

(2) ADEC - Alaska Department of Environmental Conservation.

(3) ADGC – Alaska Department of Governmental Coordination.

(4) EPA – US Environmental Protection Agency.

(5) DA, COE – US Army Corps of Engineers.

(6) USCG – US Coast Guard.

H.4—AGAR 452.228-71 Insurance Coverage (Nov 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per

Situk River Watchable Wildlife Area Improvements p. 11 of 31

Section H—Special Contract Requirements occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.5—Order of Precedence—Specifications and Plans

The Contracor shall resolve any inconsistencies in the specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) Section H, Special Contract Requirements.

(b) Project Specifications.

(c) Plans (or Drawings).

(1) Figured dimensions over scaled dimensions.

(2) Large scale contract plans and drawing over small scale contract drawings

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

H.6—Landscape Preservation

(a) The Contractor shall—

(1) Confine operations to within the immediate area of each culvert inlet and outlet 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 Contracting Officer, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material in an approved location or as directed by the Contracting Officer.

(2) Schedule and conduct operations tominimize erosion of soils and prevent silting and muddying of streams, rivers, irrigation systems, andimpoundments (lakes, reserviors, and so forth) Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

(4) 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.

(b) The Contractor shall not—

(1) Operate mechanized equipment in live streams without written approval of the Contracting Officer.

(2) Discharge any pollutants such as raw sewage or harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

(3) 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.

(c) Creek Crossings. The Contracor shall schedule and conduct in-stream work to minimize disturbance to streams, and shall not cross live streams without the Contracting Officer or his or her designee’s approval. No machine in-stream work will be permitted if fish eggs are present in the gravel or adult fish are present in the stream. All in-stream construction is required to take place between June 15th and July 15th. In-stream construction below Ordinary High Water with tracked or wheeled heavy equipment shall be completed within two

(2) days after starting in-stream construction.

H.7—Use of Premises

(a) The Contractor shall 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 AS SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any

Situk River Watchable Wildlife Area Improvements p. 12 of 31

Section H—Special Contract Requirements employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities. The Contractor shall—

(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)(i) Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements; (ii) 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; and (iii) remove solid wastes and/or residues and dispose of in approved commercial landfills.

(4)(i) Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage; and (ii) meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Camping. (1) The Contractor shall not begin any camp development, including the watchman’s trailer, either land-based or floating, until a plan for development, occupation, and cleanup is submitted by the Contractor and approved by the Contracting Officer. The following information shall be included in this plan—

(i) Location and size of the proposed camp development, including a map.

(ii) Wastewater system.

(iii) Number of people who will use the site and proposed dates of occupancy.

(iv) Power supply system.

(v) Water supply system.

(vi) Building layout, shop area, living quarters.

(vii) Road and trail layout.

(viii) Clearing limits and slash disposal locations.

(ix) Borrow areas.

(x) Dock and access location.

(xi) Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan.

(xii) Incinerator location and ash disposal plan.

(2) 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.8—Use and Maintenance of Existing Roads

(a) 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 the approved work areas. The roads authorized for use will be subject to the following general conditions—

(1) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. The Contractor shall submit written requests to the Contracting Officer 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 may be permiteed by the Contracting Officer in writing in response to a request from the Contractor.

(2) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for its use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. The Contractor shall 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” of snow unless the road has been snowplowed.

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Section H—Special Contract Requirements

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

H.9—Road Maintenance Requirements

The Contractor shall 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.

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

H.10—Construction Stakes, Lines, and Grades

The Contractor shall perform all construction staking in accordance with the requirements of the contract.

H.11—Local Material Sources

Fill and surfacing materials are not available at or near the work site from Forest Service lands. The Contractor shall provide these materials.

H.12—Workers Compensation Laws

Alaska state law requires that most employers have Worker’s Compensation Insurance for their employees. The Forest Service furnishes contract award information to the Alaska Department of labor. Failure to comply with the state worker’s compensation laws can be a felony offense in Alaska. For the definitions of “employer”, “employee”, and “subcontractor”, rates of compensation, and other pertinent information contact:

Alaska Department of Labor Workers Compensation Division P.O. Box 25512 Juneau, AK 99802-5521

907.465.2790 (No Collect Calls)

907.465-2797 (FAX)

H.13—Utilities

For the purpose of the contract clause at FAR 52.236-14, Availability and Use of Utility Services, the Forest Service will make the following utilities available to the Contractor: None.

H.14—Emergency Control

(a) The Contractor shall 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.

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Section H—Special Contract Requirements

(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.

(d) The Contractor shall—

(1) Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site, as follows—

No. of People Working in Area Kind of Tool 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

(2) Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes.

(3) Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed.

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

(5) 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.

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

(7) 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—

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

(B) 4-pound size or larger carbon dioxide type.

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

(9) 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.

(e) Burning. The Contractor shall 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. The Contractor shall 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.

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Section I—Contract Clauses

PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

I-1—FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (Jul 2004)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

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 (Jul 2010)

52.204-7 Central Contractor Registration (Apr 2008)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.215-2 Audit and Records—Negotiation (Oct 2010)

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

52.217-7 Option for Increased Quantity—Separately Priced Line Item (Mar 1989) fill-in: 31 MAR 2012

52.219-3 Notice of Total Small Business Set-Aside (Jun 2003)

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Section I—Contract Clauses

52.219-8 Utilization of Small Business Concerns (Jan 2011)

52.219-14 Limitations on Subcontracting (Dec 1996)

52.219-28 Post-Award Small Business Program Rerepresentation. (Apr 2009)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code _________ assigned to contract number _________.

[Contractor to sign and date and insert authorized signer’s name and title].

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation (Jul 2005)

52.222-6 Davis-Bacon Act (Jul 2005)

52.222-7 Withholding of Funds (Feb 1988)

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Section I—Contract Clauses

52.222-8 Payrolls and Basic Records (Jun 2010)

52.222-9 Apprentices and Trainees (Jul 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (Jul 2005)

52.222-12 Contract Termination—Debarment (Feb 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (Feb 1988)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-37 Employment Reports on Veterans (Sep 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Dec 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003)

52.223-6 Drug-Free Workplace (May 2001)

52.223-14 Toxic Chemical Release Reporting (Aug 2003)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

52.225-9 Buy American Act—Construction Materials (Sep 2010)

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

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—

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Section I—Contract Clauses

(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 Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

None.

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act.

(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).

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Section I—Contract Clauses

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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 __________ __________ __________

*Include all delivery costs to the construction site and any applicable duty (whether or not a duty‐ free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-4 Patent Indemnity—Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance—Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Sep 2009)

52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995)

52.228-14 Irrevocable Letter of Credit (Dec 1999)

52.228-15 Performance and Payment Bonds—Construction (Oct 2010)

52.229-3 Federal, State, and Local Taxes (Apr 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (Sep 2002)

52.232-17 Interest (Oct 2010)

52.232-23 Assignment of Claims (Jan 1986)

52.232-27 Prompt Payment for Construction Contracts (Oct 2008)

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

52.233-1 Disputes (Jul 2002)

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)

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Section I—Contract Clauses

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-4 Physical Data (Apr 1984) Data and information furnished or referred to…