AG0120S140047_VaultToilet_Install_fnl.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0120-S-14-0047

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

26 Aug 2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

706580

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service

ALASKA REGION, Chugach NF

161 East 1 st Avenue, Door 8

Anchorage AK 99501

USDA Forest Service

ALASKA REGION, Chugach NF

161 East 1 st Avenue, Door 8

Anchorage AK 99501

9. FOR INFORMATION

CALL:

A. NAME

Denise Murphy

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

907-743-9531- denisemurphy@fs.fed.us

SOLICITATION

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

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

Suntaheen Creek Trailhead Vault Toilet Tongass National Forest, Hoonah Ranger District

In strict compliance with the contract specifications and drawings.

This is a total small business set-aside procurement conducted in accordance with the procedures in FAR Part

15.

The Government’s estimate: between $25,000 and $100,000

Faxed proposals will not be accepted. Proposals may be emailed.

A hosted site visit is not planned, however, prospective bidders are expected to visit the work site at their convenience; reference FAR 52.236-27.

Send inquiries about this solicitation to the Contract Specialist: denisemurphy@fs.fed.us

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See FAR 52.211-10 (section F.)

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

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

YES NO

12B. CALENDAR DAYS

Ten (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 10 am local time on 11 Sep 14. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-32121442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

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

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

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

US Forest Service, Alaska Region

Chugach NF, 161 East 1 st Avenue, Door 8

Anchorage AK 99501

INVOICE PROCESSING PLATFORM – IPP ALL INVOICES MUST

BE SUBMITTED ELECTRONICALLY THROUGH THE INVOICE

PROCESSING PLATFORM IPP VIA www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85 http://www.ipp.gov/

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PART I—THE SCHEDULE

SECTION B—CONSTRUCTION – Prices

SCHEDULE OF ITEMS

SUNTAHEEN CREEK TRAILHEAD VAULT TOILET

Suntaheen Creek Trailhead Vault Toilet

Pay Item Description Qty Pay

Unit

Unit

Price

Total

1 Mobilization 1 Lump Sum $_______ $________

2 Clearing and Grubbing 1 Lump Sum $_______ $________

3 Vault Toilet Installation 1 Lump Sum $_______ $________

4 Aggregate Trail 1 Lump Sum $_______ $________

Total for all Bid Items $________

VENDOR INFORMATION

POC NAME:

PHONE:

ADDRESS:

CELL:

EMAIL:

DUNS:

NOTE: Offerors must submit prices for all items included in the price schedule.

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SECTION C--DESCRIPTION/SPECIFICATIONS

PROJECT SCOPE

a. Description: The project involves the construction of a new vault toilet adjacent to the parking area at the Suntaheen Creek Trailhead.

b. Location: The project is located at Lower Suntaheen Creek Trailhead, on the Hoonah Ranger District of the Tongass National Forest. It is approximately 15.8 miles east of Hoonah, Alaska, and 0.75 miles west of the terminus of NFSR 85304 at Whitestone Harbor on the north shore of Chichagof Island.

Chichagof Island can be reached only by sea plane or boat. The nearest full service city is Hoonah, Alaska.

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. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

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 Hoonah Ranger

District, 430A Airport Road, Hoonah, AK 99829-0135.

The vault toilet is a SST Traditional Single Restroom (Model 1004), with all-weather porch & privacy partition Building Kit Package, manufactured by Romtec, 18240 North Bank Road, Roseburg, OR 97470, phone 541-496-3541, fax 541-496-0803, email service@romtec.com, www.romtec-inc.com.

SECTION D--PACKAGING AND MARKING

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

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Final Cleanup

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

SECTION F--DELIVERIES OR PERFORMANCE

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):

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (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 45 days after the date the contractor receives the notice to proceed.

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

Possible periods of performance: 15 Sep 2014 – 31 Oct 2014 or 1 Oct 2014 – 15 Nov 2014.

SECTION G--CONTRACT ADMINISTRATION DATA

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 the issuance of a Notice to Proceed.

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

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GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item

No.

Property Description Qty Location Date Available

001 Pre-engineered vault toilet building, tank and all appurtenances.

1 Forest Service

Hoonah Ranger

District, 430A

Airport Rd, Hoonah AK

99829

Issuance of

Notice to

Proceed

MEASUREMENT AND PAYMENT

The work will be measued by periodic inspections requested by the Contractor and/or at the Government’s own desire. Payment for each Bid Item will be made upon completion of each item in the Schedule of

Items and verification by the Government’s COR. Work not completed to the specifications outlined in this contract shall be rejected and redone at the contractor’s expense.

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 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).

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

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Contract Administration

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

Alaska Region, Chugach National Forest

Attn: Denise Murphy

161 East 1 st Avenue, Door 8

Anchorage AK 99501

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

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (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.

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

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

If a previously unidentified archaeological or historic site(s) is encountered, the Acontractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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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 on 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.

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

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(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.

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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.

CONSTRUCTION STAKES, LINES, AND GRADES

Contractor's Responsibilities: Perform all construction staking in accordance with the requirements of the contract.

LOCAL MATERIAL SOURCES

Obtain fill and surfacing materials from local commercial sources.

Product Substitution Request

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified.

Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

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f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting

Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item.

Provide specified item if substitution proposal is rejected.

Contractor’s Representation & Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

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5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

Public Officials not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

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The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

Traffic Control

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

Safety

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Contractor is responsible to follow all OSHA CFR construction requirements and provide PPE for the employees.

Contractor shall provide safety plan for review and approval prior to issuance of the notice to proceed. Items to consider include foundation excavation, temporarily support structures, scaffolding and ladders, working on roof tops.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

U.S. DEPARTMENT OF AGRICULTURE

SIMPLIFIED ACQUISITION TERMS & CONDITIONS: CONSTRUCTION

The following terms and conditions are applicable to the order.

Clause

No.

Title Date

52.209-6 Protecting The Government's Interest When Subcontracting With Contractor's Debarred, Suspended, Or Proposed For Debarment

AUG 2013

52.211-18 Variation in Estimated Quantity JAN 2012

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

52.222-3 Convict Labor JUN 2003

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Witholding 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 Regulations FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination -- Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirments and Related Act Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999

52.222-35 Equal Opportunity for Veterans JUL 2014

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-6 Drug Free Workplace (Applicable to individuals only) MAY 2001

52.223-18 Contractor Policy to Ban Text Messaging While Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

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 Protection, FILL IN

(a) (i) payment bond; (ii) irrevocable letter of credit (ILC); (iii) certified or cashier's check, bank draft, post office; (iv) money order or currency

(b) 100%

(c) 15 days of contract award.

MAY 2014

52.228-14 Irrevocable Letter of Credit MAY 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

52.232-33 Payment By Electronic Funds Transfer – Central Contractor Registration JUL 2013

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52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

Alternate II – reproducable shop drawings not needed APR 1994

52.236-26 Preconstruction Conference FEB 1995

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontractors for Commercial Items and Commercial Components JUL 2014

52.245-1 Government Property APR 2012

52.245-9 Use & Charges (Use if GFP is provided) APR 2012

52.246-12 Inspection of Construction AUG 1996

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

52.253-1 Computer Generated Forms JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

NUMBER TITLE DATE

452.204-70 Inquiries FEB 1988

452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts NOV 1996

452.236-72 Use of Premises NOV 1996

452.236-73 Archaeological or Historic Sites FEB 1988

452.236-74 Control of Erosion Sedimentation and Pollution NOV 1996

452.236-76 Samples and Certificates FEB 1988

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

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

FAR 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.

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“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--

(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.

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(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.]

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

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS Alternate 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it-

(1) does not have a tax delinquency, meaning that is it not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal Law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 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.

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

1. Specifications (separate attachment) 45

2. Drawings (separate attachment) 4

3. Installation Manual, SST Traditonal Single Restroom (separate attachment) 28

3. Photograps (separate attachment) 3

4. DOL Wage Decision No. AK 1, Mod 7, 25 April 2014 11

5. Contractor Performance Data Sheet 2

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

AG-0120-S-14-0047, Suntaheen Crk TH Vault Toilet, updated through FAC 2005-72.Page 19 of 44 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.”

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

52.203-11 Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All --NAICS Code 238110 --Size Standard $15 million

The small business size standard for a…