Issued_Solicitation_AG0120S150026.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0120-S-15-0026

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/01/2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

741772

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service

ALASKA REGION

161 East 1st Ave, Door 8

Anchorage, AK 99501

USDA Forest Service

ALASKA REGION

161 East 1st Ave, Door 8

Anchorage, AK 99501

9. FOR INFORMATION

CALL:

A. NAME

Karen Weidenbaugh

(907) 743-9569

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):

Granite Creek Campground Bank Restoration in strict compliance with the contract specifications.

This is a Total Small Business Set-aside.

Magnitude of construction is between $25,000 and $100,000 for the base bid and all option items.

Send inquiries about this solicitation to Karen Weidenbaugh (kweidenbaugh@fs.fed.us) and Denise Murphy

(denisemurphy@fs.fed.us).

Responses may be hand delivered to the address in Block 7 or emailed to Karen Weidenbaugh and Denise Murphy prior to the response date and time.

11. The Contractor shall begin performance within 5 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. ( See F.2).

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

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 10:00 am (AST) (hour) local time

May 27, 2015. 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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e) mailto:kweidenbaugh@fs.fed.us mailto:denisemurphy@fs.fed.us

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

USDA, Forest Service

ALASKA REGION

161 East 1st Ave, 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/

ADDENDA SHEET

Granite Creek Campground Bank

Restoration

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OF

PART I—THE SCHEDULE

SECTION B—Supplies or Services and Prices/Costs

NO. BASE BID SCHEDULE

METHOD

OF

MEASURE

ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL

001 Mobilization LSQ 1 LS

002 Hydraulic Excavator #1 Clearing and grubbing, Tree

Harvest, Stockpiling and Structure Construction

Hourly Equipment and Operator Rental, Hydraulic Excavator, (w/ hydraulic thumb), Crawler Mounted, with Operator

Minimum Weight = 40,000 lbs, General Purpose and Finishing Buckets

002A Straight Time Rate AQ 105 Hours

002B Overtime Rate AQ 25 Hours

003 Hydraulic Excavator #2 Clearing and grubbing, Tree

Harvest, Stockpiling and Structure Construction

Excavator, (w/ hydraulic

Buckets

003A Straight Time Rate AQ 40 Hours

003B Overtime Rate AQ 10 Hours

004 Side or End Dump Truck Transportation and Stockpiling of Harvested Trees and Gabions

Operator Rental

Minimum Capacity = 15 CY

004A Straight Time Rate AQ 25 Hours

004B Overtime Rate AQ 5 Hours

Vegetable Based Hydraulic Fluid Conversion AQ 2 EA

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Total Base Bid Items

NO. OPTION ITEM SCHEDULE

METHOD

OF

MEASURE

ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL

006 Hydraulic Excavator #1 and/or

Tree structure construction and finishing work.

Excavator, (w/ hydraulic

Buckets

006A Straight Time Rate AQ 40 Hours

006B Overtime Rate AQ 10 Hours

007 Side or End Dump Truck Transportation and Stockpiling of Harvested Trees and Gabions

Operator Rental

Minimum Capacity = 15 CY

007A Straight Time Rate AQ 20 Hours

007B Overtime Rate AQ 5 Hours

Total Option Items

Total for Base Bid & Option Items

NOTE: Prices must be submitted for all items included in the price schedule. Option items may be awarded after the initial award subject to availability of funds.

B.2 Vendor Information

Point of

Contact:

Phone:

Vendor Name: Fax:

E-mail: DUNS:

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. SCOPE OF CONTRACT

Supply equipment and operators for the restoration of stream banks and removal of gabions in Granite Creek.

Contractor assumes all equipment, labor, supervision, transportation, operating supplies and incidental cost.

C-2. PROJECT LOCATION

The project is located in the Granite Creek Campground, along the Seward Highway. Campground entry road is at MP 63 Seward Highway, half-way from Seward to Anchorage.

Figure 1. Location map for the proposed Granite Creek Stream Bank Restoration and Fish Habitat

Enhancement Project.

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C-3. DESCRIPTION OF WORK

The objective of this project is to restore stream bank stability at two sites along the Granite Creek campground. In general the work under this Contract includes, but is not limited to, the following major items of work as shown on the plans and specified. The following descriptions are provided as an outline of major work items, and shall not be construed as an inclusive or complete listing of all items of work under this Contract.

Base Bid Items:

The Contracting Officers Representative (COR) will supply the engineered log jam designs and oversight.

The contractor shall supply equipment and operators on an hourly rental basis to complete the following items:

Harvest 250 whole spruce trees including rootwads from the Granite Vegetation Project area (see Figure

2).

Haul and stockpile trees at two restoration sites within the Granite Creek campground designated by the

COR.

Rehabilitate harvest and access areas; de-compact with excavator.

Construct engineered log jams per direction of project engineer and COR.

Extract and dispose of gabion baskets.

This work consists of providing: two (2) track-mounted hydraulic excavators (40,000 to 60,000 lbs GVW) and one (1) 15 yard, or greater, side or end dump truck.

Construction Access to the Project Area. The tree harvest area can be accessed at approximately mile 62.8 of the Seward Highway via a gated road. The engineered log jams will be accessed through the Granite Creek campgound.

Tree Harvest and Stockpiling. Whole spruce trees to be used for engineered log jams will be harvested and stockpiled at designated sites in the Granite Creek campground. All trees to be harvested have been marked with blue paint. Harvested trees shall be shook at the extraction site to remove as much soil from the rootwads as possible. Whole trees shall be stockpiled at the entrance of skid trails and then placed in a

15 yard or greater side or end dump truck. Side or end dump trucks are used to contain soil and branches and prevent degradation of the road surfaces along the haul route. The second excavator shall assist with offloading and stockpiling trees and brush stream bank restoration sites.

Engineered Log jam Construction. Engineered log jams will be constructed under the direction of the project Engineer and COR. Trenches will be excavated into the banks at marked locations. Depths and widths will be determined on site by the project Engineer and COR. Trees are placed in the trenches and backfilled in lifts to the height of the original bank elevation (see Figures 3 & 4).

Gabion Basket Extraction and Disposal. Designated gabion baskets shall be removed from Granite Creek with hydraulic excavators. Rock within the baskets may be used for ballast and backfill of the engineered log jams and or placed back into Granite Creek. Proper recycling or disposal of the gabion baskets shall be the responsibility of the contractor.

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Project Site and Access Rehabilitation. All project areas and access routes will be rehabilitated by de-compaction with excavator. Slash and other woody material may be used to mulch disturbed areas.

Figure 2. Spruce tree harvest area locator map.

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Figure 3. Engineered Log Jam Example Plan View.

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Figure 4. Engineered Log Jam Example Cross Section View.

C-4. GENERAL CONDITIONS

A. All equipment shall be spray washed to remove petroleum residue, dirt and noxious weed seeds prior to entering the project areas. Contractor shall have petroleum absorbent pads on site at all times during the construction period. Equipment fueling areas will be designated by the project Engineer and or COR and shall be situated at least 150 feet from the normal high water mark of nearby bodies of water. If a stationary fuel tank is used by the contractor, it shall be situated within a containment berm with impermeable liner as per the requirements of the state of Alaska enforceable policies for storage of petroleum.

A. Equipment will at times be working in or around flowing water up to five feet in depth. Equipment will transport trees and brush and large wood (up to but not limited to, >30” DBH, 60 ft. in length, with rootwads attached) from harvest areas to designated stockpile sites. Excavators will excavate trenches, contour banks and stream channels and place trees, woody debris, cobble and gravel in the stream channel and banks.

Hydraulic oils are of specific concern because they are lost to the environment in the normal course of equipment operation. Vegetable-based hydraulic oils will be required for excavators to protect sensitive waterways and groundwater. Bio-based lubricants were tested and found to perform as well or better than petroleum oils, are readily biodegradable, low in toxicity, and offer worker-safety advantages. The agency also specifies that manufacturers fill new equipment with vegetable-based hydraulic fluid.

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Hydraulic Tractor Fluid Description:

Hydraulic Tractor Fluid or approved equal is a readily biodegradable and non-hazardous ISO 40 grade hydraulic tractor oil for use in general purpose hydraulic systems. This oil must be a direct replacement for petroleum oil based hydraulic tractor fluids. Oil must meet or exceed the requirements of petroleum oil based hydraulic fluids and have excellent anti-wear characteristics.

i. Products supplied to this project shall be rated as Commercial and/or Industrial Grade.

ii. Contractors need to bid their nationally known, first line, premium quality products.

iii. All products shall be API certified and the vendor shall furnish documentation of the certification upon request. Products must meet the performance and warranty requirements of the manufacturers listed in the specifications.

iv. Technical Requirements

General: Must be readily biodegradable and non-toxic ISO 40(J-20-C) grade tractor oil for use in heavy-duty brake, transmission and hydraulic systems. Must be based on natural ester technology and a direct replacement for petroleum oil based tractor fluids.

B. All operations of the Contractor shall be conducted so as to minimize damage to the soil, existing vegetation and structures not designated for removal.

C. All materials to be moved and placed for the in-stream phase shall be as directed by the project

Engineer and COR.

D. Contractor is responsible for operating the equipment in a manner that is safe and within the capabilities of the equipment specified. The Government assumes no responsibility for equipment specified. The Government assumes no responsibility for damage to equipment due to work which is within the scope of this contract. If the Contractor believes that work is unsafe, he shall immediately notify the COR in writing. If the Contractor believes that a particular order is outside the scope of the contract, Contractor shall immediately notify the Contracting Officer (CO) or COR in writing.

E. A staging area for equipment will be available on the project job site.

C-5. OTHER REQUIREMENTS

Operators shall have sufficient skill and experience to properly perform the work assigned to them. Any operator who, in the opinion of the project Engineer and or COR, does not perform the work in a proper and skillful manner, will be removed and replaced within 24 hours by the Contractor upon written request of the

Contracting Officer.

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C-6. EQUIPMENT REQUIREMENTS

A. Excavators shall be furnished on a fully-operational basis, and in good operating condition.

B. The excavator(s) shall be a crawler-mounted hydraulic excavator which meets the following minimum specifications.

1. General purpose digging bucket with digging teeth.

2. Ditch cleaning or finishing bucket

3. Hydraulic thumb,

4. Crawler-mounted,

5. Minimum operating weight of 40,000 – 60,000 lbs. GVW.

D. The contractor shall provide a minimum of five (5) two-way radios which will be used for safety and communication between operators and inspectors during hourly equipment rental operations. Radios are incidental to the mobilization.

E. All maintenance work and fueling of equipment shall be done in an area approved by the COR where no damage to bodies of water will occur. All preventative maintenance, lubrication and fueling of equipment will be done outside of work hours. Approved oil absorbent pads will be placed under all equipment and vehicles being serviced or fueled.

F. If the Contractor maintains storage facilities for oil or oil products on project area, the contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter stream or other bodies of water. The Contractor shall not store more than 1,000 gallons of oil or fuel products on site. Dispensing of oil or oil products shall only be done within a designated area. Fuel nozzles shall not be left unattended and all hoses shall be stored immediately upon completion of use.

G. Pollutants such as fuels, lubricants, bitumens, sewage and other harmful material shall be controlled at the site and shall not be released into the environment. Wash water or waste waters from construction activities shall not be allowed to enter any stream or other waters. All contaminated soil, vegetation or debris resulting from the Contractor's operation shall be immediately contained and within 24 hours shall be removed from National Forest land at the Contractor's expense. The contractor shall furnish sorbent pads and loose sorbent material as follows: for each fuel or service vehicle, maintain in the vehicle a minimum of 100 sorbent pads and 100 pounds of particulate sorbent material. For all other equipment, maintain in the vehicle a minimum of 25 sorbent pads. Sorbent pads shall be heavy weight, minimum size 30” x 30” or as approved by the CO/COR. All Federal, State, County, and Local regulation are to be followed.

H. Contractor shall provide adequate two-way communication facilities to report an accidental spill. The following persons shall be notified of any spill within 20 minutes of detection:

Contracting Officer Representative (COR) Corinne Marzullo 559-920-5555

Brian Bair 559-920-1744

I. Prior to the start of construction, the Contractor shall submit to the CO/COR, the names and telephone numbers of persons responsible for emergency response. If such persons cannot be reached in an emergency, the Forest Service shall take action to alleviate the emergency at the Contractor's expense.

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J. The Contractor shall remove all job related trash and refuse from the site. Material to be removed includes, but is not limited to, used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be disposed of off of National Forest land and in accordance with Federal, State and local regulations.

K. All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements, or is determined to be in any way unsafe or non-functional, shall be rejected.

L. If equipment is rejected or becomes inoperative, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 48 hours. If the Contractor is unable to repair or replace the equipment within 48 hours, equipment may be released. Payment for move-out will not be allowed for the rejected piece of equipment.

M. The Government shall not be liable for loss, damage, or destruction of equipment furnished under hourly rental except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

N. All repairs to equipment under this agreement shall be made and paid for by the Contractor. Repairs shall be made promptly and equipment returned to use within 48 hours unless otherwise agreed. In lieu of repairing equipment, Contractor may furnish similar replacement equipment within the time specified.

O. Fuel, oil, and other operating supplies will be furnished by the Contractor. The Government is not responsible for time spent for fueling and maintenance activities.

P. All equipment will be spray washed to remove oil, grease, dirt and potential noxious weed seeds prior to entering the project area.

Q. Warning signs shall be provided by the Contractor and shall be placed in accordance with Manual of

Uniform Traffic Control Devises (MUTCD), current edition, standards while work is in progress. This shall include “Slow Moving Equipment” signs attached to all road surface equipment.

Measurement and Payment

The Contract is composed of base bid items and option items. Work associated with the base bid and options are described below. Payment will only be made for the items listed below. All other work shall be considered incidental to the bid items.

Base Bid Items:

001. Mobilization

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This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining permits, bonds, and insurance.

Progress payments for mobilization will be paid as follows:

a. Bonds will be reimbursed according to FAR 52.232-5 Payments Under Fixed-Price Construction

Contracts.

b. When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contact amount, whichever is less, will be paid.

c. When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contact amount, whichever is less, will be paid.

d. Any portion of the mobilization item in excess of 10 percent of the original contract amount will be paid after final acceptance of the work.

002 and 003. Excavator– Hourly Equipment and Operator Rental

Hourly Equipment and Operator Rental. Work requires a tracked excavator >40,000 GVW, both general purpose and finishing buckets on site for each machine with hydraulic thumb. Excavators shall have qualified operators; operators with past tree handling and in-stream work experience preferred.

Work items include but are not limited to clearing and grubbing, tree harvest, stockpiling and log structure construction. Excavators will pioneer and extract whole trees and stock pile at designated sites. Excavate overburden from structure trenches and construct engineered log jams under the direction of the project

Engineer and COR. Extract gabion baskets and recycle or dispose of baskets.

004. Side or End Dump Truck– Hourly Equipment and Operator Rental

Hourly Equipment and Operator Rental. Work requires a side or end dump truck with a minimum capacity of 15 CY.

Dump truck will haul whole trees and gabion rock and stock pile at designated sites.

005. Vegetable Based Hydraulic Fluid Replacement

Each excavator will be required to have petroleum based hydraulic fluid replaced with a vegetable based biodegradable equivalent. Hydraulic Tractor Fluid or approved equal is a readily biodegradable and non-hazardous ISO 40 grade hydraulic tractor oil for use in general purpose hydraulic systems. This oil must be a direct replacement for petroleum oil based hydraulic tractor fluids. Oil must meet or exceed the requirements of petroleum oil based hydraulic fluids and have excellent anti-wear characteristics.

Option Items:

Option items are contingent on available funding and and/or existing site conditions.

006. Hydraulic Excavator– Hourly Equipment and Operator Rental

Additional engineered log jam structure construction, and tree harvest.

007. Side or End Dump Truck– Hourly Equipment and Operator Rental

Additional tree or rock haul.

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SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.1 52.246-12 Inspection of Construction (AUG 1996)

E.2. 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

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

F.2 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 5 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 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Work must occur within the instream work window of May 15 thru July 15, 2015 to mitigate the emergence of salmon fry from the stream gravels, juvenile out migration to the ocean, and returning spawning adults.

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 issuing of a Notice to Proceed.

G.1 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 https://www.ipp.gov/

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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).

G.2 Contract Administration

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

Alaska Region

Attn: CO Karen Weidenbaugh

161 East 1 st Ave, Door 8

Anchorage, AK 99503

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

G.3 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.

G.4 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 mailto:IPPCustomerSupport@fms.treas.gov

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the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: contracator shall identify the key personnel for the prime contractor and subcontractor. .

(b) During the first sixty (60) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 60-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 Worker’s Compensation Laws

Alaska state law requires that all 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. The Alaska Workers’

Compensation Division can also fine employers up to $1,000 per employee for each day they are conducting business with employee labor without the required insurance. For the definitions of “employer”, “employee”, and “subcontractor”, and other pertinent information contact:

Alaska Department of Labor

Workers Compensation Division

Special Investigations Unit

P.O. Box 115512

Juneau, AK 99802-5521

907.465.5875 (Direct)

1-888-372-8330 (toll free), 907.465-2797 (FAX)

H.3. Contractor’s Representation & Responsibility

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.

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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.

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.

H.4. 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.

H.5. 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.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest

Service roads in the construction area.

H.6. 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:

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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.

H.7. 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.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractor's Debarred, Suspended, Or Proposed For Debarment (AUG 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)The

Contractor’s representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items). (Dec 2014)

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

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

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

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

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-26 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)

52.222-55 Establishing a Minimum Wage for Contractors (DEC 2014)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

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 (AUG 2011)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-13 Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bonds, Irrevocable Letter of Credit or Certificate of Deposit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 5 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

52.233-1 Disputes (MAY 2014)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (OCT 2014)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984)

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

52.253-1 Computer Generated Forms (JAN 1991)

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AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulations (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(Deviation)” after the date of the clause.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an unauthorized deviation indicated by the addition of “(Deviation)” after the date of the regulation.

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants Alternate 1 (FEB 2012) (Deviation 2012-1)

(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.

FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICE LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor up to 10 days prior to the completion of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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.

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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. Example of Shift Ticket 1

2. Davis BaconWages, AK150001, modification 7 dated 4/10/2015 15

3. Scoping Map 1

4. Tree Harvest Map 1

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

WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER

CONTRACT AWARD. HOWEVER, SECTION K WILL BE INCORPORATED BY REFERENCE

INTO THE RESULTING CONTRACT.

"The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)

720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil

Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or

(202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.”

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

K.1 52.204-8 Annual Representations and Certifications (Dec 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310.

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

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

(b)

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and

Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the…