AG0120S170006_SunnahaeTrail_RFP.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

837519

USDA FOREST SERVICE

CHUGACH NF-SUPERVISORS OFFICE

161 EAST 1ST AVENUE DOOR 8

ANCHORAGE AK 99501

R10 AQM Chugach National Forest

Denise Murphy 161 East 1st Avenue, Door 8 Anchorage AK 99501

DENISE MURPHY 907-743-9531

1x 03/01/2017

AG-0120-S-17-0006

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

Sunnahae Trail Reconstruction

Tongass National Forest, Craig Ranger District

(a) Contract performance in compliance with the contract, specifications, and drawings.

(b) This is total small business set-aside procurement conducted in accordance with procedures in FAR Part 15. The size standard for small business is $36.5 million for

NAICS code 237990 Other Heavy & Civil Engineering Construction.

(c) Subject to Construction Wage Rate Requirements in accordance with Federal

Acquisition Regulation (FAR) Clause 52.222-6.

(d) The magnitude of construction is estimated to be between $250,000 and $500,000 base and all options.

(e) Responses to this solicitation may be mailed, hand carried, or emailed (Emailed bid bond is not acceptable. Bid Bonds must be mailed). Email, for proposal submission is preferred. Faxed proposals will not be accepted.

(f) A preproposal conference call is planned. Reference section L, 452.237-71

Pre-Bid Conference for details.

(g) Send inquiries about this solicitation to the contracting officer via email:

denisemurphy@fs.fed.us

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 180 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, 52.211-10

04/04/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

CHUGACH NF-SUPERVISORS OFFICE

161 EAST 1ST AVENUE DOOR 8

ANCHORAGE AK 99501

DENISE MURPHY

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0120-S-17-0006

Sunnahae Trail Reconstruction

Delivery: 180 Days After Notice to Proceed

Delivery Location Code: 0112

USDA FOREST SERVICE

TONGASS NF PETERSBURG OFFICE

P O BOX 309

PETERSBURG AK 99833 US

FOB: Destination

Period of Performance: 04/01/2017 to 09/28/2017

001 Sunnahae Trail Reconstruction - The work is the reconstruction of a portion of the Sunnahae

Trail. Major work items include trail pioneering and clearing, drainage improvements, staircases installation, aggregate surfacing, and boardwalk.

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation¿s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 1 of 39

PART I—THE SCHEDULE

SECTION B—CONSTRUCTION – Prices

SCHEDULE OF ITEMS

SUNNAHAE TRAIL RECONSTRUCTION PROJECT

Craig Ranger District, Tongass National Forest, Craig, Alaska

B.1 SCHEDULE OF ITEMS

PAY

ITEM DESCRIPTION

METHOD

OF

MEASURE-

MENT*

EST.

QUANTITY UNIT UNIT

PRICE TOTAL

AMOUNT

BASE BID: STA 0+00 TO STA 47+14

1 Mobilization LS 1 LS $ $ 2 Demolition - Staircase LS 1 LS $ $

Existing Logging Road: STA 0+00 TO STA 21+20: Clearing and Grubbing, Excavation and Embankment, Drainage Dips

LS 1 LS $ $

Pioneer Trail: STA 21+20 TO STA 47+14: Clearing and Grubbing, Excavation and Embankment

LS 1 LS $ $

5 Double Log Bridge AQ 25 LF $ $ 6 Culverts, 12 inches AQ 60 LF $

7 Culverts, 18 inches AQ 40 LF $

8 Culverts, 24 inches AQ 30 LF $

9 Aggregate Trail Type A on STA 0+00

TO STA 21+20 LS 1 LS $

10 Aggregate Trail Type B on STA 21+20

TO STA 47+14 AQ 2,594 LF $

11 Concrete Steps AQ 20 EA $

12 Sign Posts AQ 2 EA $

TOTAL BASE BID

PRICE

*OPTION ITEM #1: STA 47+14 TO STA 47+92

*13 Metal Staircase AQ 78 LF

TOTAL OPTION ITEM #1 PRICE

*OPTION ITEM #2: STA 47+92 TO STA 58+88

*14 Demolition-Existing Single Plank Boardwalk (2400 LF) LS 1 LS $

*15 Boardwalk Type A AQ 145 LF $

*16 Boardwalk Type B AQ 127 LF $

*17 Boardwalk Type C AQ 90 LF $

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 2 of 39

*18 Aggregate Trail Type C AQ 550 LF $

*19 Aggregate Trail Type D AQ 183 LF $

TOTAL OPTION ITEM #2 PRICE

*OPTION ITEM #3: STA 58+88 TO STA 71+61

*20 Boardwalk Type A AQ 127 LF $

*21 Boardwalk Type B AQ 111 LF $

*22 Boardwalk Type C AQ 80 LF $

*23 Aggregate Trail Type C AQ 716 LF $

*24 Aggregate Trail Type D AQ 239 LF $

25 Sign Post AQ 1 EA $

TOTAL OPTION ITEM #3 PRICE

TOTAL BASE AND ALL OPTIONS =$___________________

**METHODS OF MEASUREMENT: AQ = ACTUAL QUANTITIES; DQ = DESIGNED QUANTITIES;

LS = LUMP SUM QUANTITIES; VQ = VEHICLE QUANTITIES;

LF = LINEAR FEET

Offeror Name: __________________________ DUNS:

(TEL. NO.)

BY:

(Signature)

(Title)

(Date)

OFFEROR MUST ALSO COMPLETE "OFFER" PORTION ON PAGES 2 OF STANDARD FORM 1442

The estimated quantities shown in the schedule of items for options 1 – 3 are for evaluation purposes only.

The estimated quantities are derived from aerial photos. The quantities will be revised based on field design work conducted by the Government. It is anticipated that a revised trail log that includes revised quantities will be provided on or about 17 May 2017.

NOTE: Offerors must submit prices for all base and option items included in the price schedule. Option items may be awarded after the initial award subject to availability of funds.

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 3 of 39

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 PROJECT DESCRIPTION

The work is the reconstruction of a portion of the Sunnahae Trail. Major work items include trail pioneering and clearing, drainage improvements, staircases installation, aggregate surfacing, and boardwalk. There is a Base Bid and four (4) option items described below:

BASE BID work includes:

Mobilization

Work on STA 0+00 to 21+20 (existing logging road)

- Clear and grub

- Install ditches and cross-drains

- Install 25’ Double Log Bridge

- Aggregate Trail Type A

Work on STA 21+20 to 47+14 (through clearcut)

- Pioneer trail

- Rough in ditches and drainage

- Prepare trailbed

- Aggregate Trail Type B

- Install culverts

- Install two Signposts

*OPTION ITEM #1 - work includes all work in STA 47+14 - 47+92

- Install Metal Staircases

*OPTION ITEM #2 - work includes all work in STA 47+91 – 58+88

- Install Aggregate Trails, Types C and D

- Install Boardwalk Trails, Types A, B and C

*OPTION ITEM #3 – work includes all work in STA 58+88 – 71+61

- Install Aggregate Trails, Types C and D

- Install Boardwalk Trails, Types A, B and C

- Install one Signpost.

*The estimated quantities of work for each type of construction in Option Items #1, #2, and #3 were taken from aerial photos and will be revised based on additional field design work. The Government will provide the successful contractor a revised trail log that includes revised quantities and specific locations for each type of work shown in the Schedule of Items by May 17, 2017.

Period of Performance: See Section F, Clause 52.211-10.

Government-Furnished Property: (For details see Section H, Government Furnished Materials):

a. Suitable existing cedar boardwalk planks in upper muskeg to be recycled as corduroy material in Aggregate Surfacing.

b. Aggregate Materials for trail construction

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 4 of 39

C.2 TECHNICAL SPECIFICATIONS

(a) The technical specifications included in Section J are hereby made part of this solicitation and any resultant contract.

(b) The following specifications (including Region 10 Specifications and Special Project Specifications) are hereby made a part of this solicitation and any resultant contract:

FOREST SERVICE STANDARD SPECIFICATIONS FOR THE CONSTRUCTION AND

MAINTENANCE OF TRAILS, em-7720-103, (1996). Reference Section L for details on how to obtain a copy of the specifications.

Copies of the Forest Service Specifications can be purchased from:

Government Books Store, 905 Second Ave. Seattle, WA 98714, (206) 553-4270.

C.3 Special Project Specifications included in full text in Section J are as follows:

Section 901—Abbreviations, Acronyms, and Terms Section 902—Definitions Section 903—Intent of Contract Section 904—Maintenance for Traffic Section 905—Control of Materials Section 906—Measurement and Payment Section 907—Quality Assurance and Quantity Measurement Section 908—Mobilization Section 910—Clearing and Grubbing Section 912—Excavation and Embankment Section 913—Demolition of Abandoned Trails Section 921—Culverts Section 936—Metal Staircases Section 938—Boardwalks Section 941—Aggregate and Stone Construction Section 942—Concrete Step Section 951—Signs Section 961—Log Stringer Trail Bridge

C.4 Project Location Location and Facilities: The project is located on Prince of Wales Island, at 55.477617°, -133.116302°, about 1.5 miles NE of downtown Craig, Alaska. There are no utilities at the project site. Craig is accessible by scheduled small plane service, ferry to Hollis, boat, and barge. Cell phone service is typically available on the project site.

Access to the construction area is by foot via the existing Sunnahae Trail, by helicopter, or via an old logging road with permission of the landowner. The Contractor is responsible for obtaining permission from the landowner for use of this road or any activity outside the Easement.

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.

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 5 of 39

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, to include emails, starting upon notice of award.

NOTE: The solicitation number will have an “S” for the solicitation indicator in the number. Contracts will have a similar number format but will have a “C” in place of the “S”.

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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 15 calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than

Base Bid Work 100 days Option Items 1 – 3 80 days

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

52.242-14 Suspension of Work (APR 1984)

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 the 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. 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.

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

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 6 of 39

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

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

Alaska Region, Acquisition Mangement Attn: Denise Murphy

161 East 1st Avenue, Door 8 Anchorage AK 99501

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

G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

a. 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.

b. 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.)

c. 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 In accordance with contract clause 52.236-6 (incorporated by reference in Section I), 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.

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 7 of 39

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Landscape Preservation

a) No foot traffic or movement of materials or equipment is allowed over uncompleted and unprotected portions of the trail. Workers shall walk away from the trail centerline, dispersing their travel route, to avoid walking on uncompleted portions of the trail. Rehabilitate and revegetate sites where damage has occurred to vegetation.

b). Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams and rivers.

Pollutants such as raw sewage and other harmful materials shall not be discharged into or near streams and rivers or into natural or manmade channels leading thereto.

Waste motor oil, fuel, lubricant, bitumen and similar hydrocarbons shall be collected and returned to the supplier. They shall not be wasted on the ground or buried.

Use of Premises a). The area may be frequented by black bears, which may become habituated to humans and may be attracted by activity and food. In the campsite, store food in a bear-proof container or hang at least 12 feet above ground. Avoid leaving any food scraps at any time in camp or on the trail.

b). Sanitation Facilities: Unless provided otherwise, the Contractor shall provide and maintain the following facilities:

1. Potable water supplies for drinking, washing, and cooking shall meet the State of Alaska drinking water regulations 18 AAC 80. Drinking water may not be available at the camp location.

2. Domestic sewage shall meet the State of Alaska wastewater disposal regulations 18 AAC 72.

3. Solid waste shall be removed and disposed of in Ketchikan or other approved location.

4. Fuel storage shall meet the requirements of 40 CFR 112 (Oil Pollution Prevention).

c). Transportation, Access and Equipment: Do not allow helicopter sling loads directly over persons on the ground at any location.

d). Provide a plan for camp development, occupation and clean-up and obtain approval prior to any camp development activities. The plan should contain the following information if relevant:

1. Layout and location of the proposed camp.

2. Number of users and dates of occupancy.

3. Sewage and waste disposal systems.

4. Layout of cooking, sleeping and common areas.

5. Camp trails layout.

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

7. Fire prevention and control plan.

8. Site Restoration plan.

9. Mobilization and plan.

The Government shall review the Contractor's plan as submitted for completeness and applicability.

Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval.

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 8 of 39 e). There are no known eagle nest trees in the vicinity of the project area, but if such trees are discovered no disturbance will be allowed within 330 feet of the trees and additional mitigation measures may be applied.

Construction Stakes, Lines, and Grades

The Government will field stake the beginning stations for work areas listed in the Sunnahae Trail Construction Log in Section J. Provide any other construction survey work required to complete the project.

Disposal of Waste Material

Remove all waste material from the project area and dispose offsite unless specified otherwise.

Government Furnished Material

The Government will supply the following items at the locations described. The contractor is responsible for transportation of these materials to the project site.

1) Suitable existing cedar boardwalk planks, in upper muskeg, to be recycled as corduroy material in Aggregate Surfacing.

2) Aggregate materials for trail construction with a total not-to-exceed-value of $8,875.00. Material provided by Southeast Roadbuilders, Klawock Rock Pit at Mile 6, Craig, AK. This material is only for use for installation under this contract and any remaining material shall remain the property of the Government. Any overage, in total value of material received, is the responsibility of the contractor. Provide invoices from Southeast Roadbuilders weekly showing the quantity and dollar value of the material provided under this specification. Provide material transportation from the rock pit.

Safety

The area may be frequented by black bears, which may become habituated to humans and may be attracted by activity and food. In the campsite, store food in a bear-proof container or hang at least 12 feet above ground. Avoid leaving any food scraps at any time in camp or on the trail.

Transportation, Access and Equipment: Do not allow helicopter sling loads directly over persons on the ground at any location.

Contractor shall follow all requirements of OSHA and the State of Alaska safety requirements for construction projects.

Additional Requirements or Restrictions Access to the construction area is by foot via the existing Sunnahae Trail, by helicopter, or via an old logging road with permission of the landowner. The Contractor is responsible for obtaining permission from the landowner for use of this road or any activity outside the Easement.

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 9 of 39

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 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.

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records – Negotiation (OCT 2010) 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) 52.217-7 Option For Increased Quantity – Separately Price Line Item (MAR 1989) Fill-in: for all option items: 30 days after contract award. NOTE: If the option items are not awarded within the time period indicated, the government reserves the right to negotiate a price and award the items y modification prior to the expiration of the contract.

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Re-representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)

AG-0120-S-17-0006, Sunnahae Trail Reconstruction Page 10 of 39

52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers With Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-3 Hazardous Material and Material Safety Data (JAN 1997) 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 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-9 Buy American Act-Construction Materials (MAY 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“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—

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

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

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-1 Bid Guarantee. (Sep 1996) Fill-in: (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996)

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52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017), Alternate I (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering -- Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012);

Alternate I (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

USDA Forest Service.

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-72 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) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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

SECTION J

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

Title Pages

1. Special Project Specifications (Separate) 25

2. Project Drawing Set (Separate) 28

3. DOL Construction Wage Decision No. AK1, Mod 3, 17 Feb 2017 11

4. 2007 EPA CPG Construction, EPA530-F-07-036 Oct 2007 (Separate) 9

5. Experience and Capablity Questionnaire 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 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 OFFERORS OR RESPONDENTS

52.204-8 Annual Representations and Certifications (Jan 2017) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237990 – Other Heavy and Civil Engineering Construction

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

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

(b)

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

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

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

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

(c)

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

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

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.

This provision applies to solicitations that include the clause at 52.204-7.

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

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

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

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

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

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

XX (ii) 52.204-20, Predecessor of Offeror.

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

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

___ (v) 52.222-52 Exemption from…