ReederBayRFP.docx

CONSTRUCTION AG-02RC-S-17-0128 Page 3 of 48

CONSTRUCTION AG-02RC-S-17-0128 Page 18 of 48

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

Offers Are Solicited For:

Reeder Bay Campground and Ledgewood Picnic Area Water and Sewer Improvements Idaho Panahandle National Forests Priest Lake Ranger District

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 7

SECTION C - DESCRIPTION/SPECIFICATIONS 8-9

SECTION E - INSPECTION AND ACCEPTANCE 10

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 11

SECTION G – C ontract Administration Data 12

SECTION H - SPECIAL CONTRACT REQUIREMENTS 13-15

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 16-30

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 31-32

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

L- 4 – Brand Name or Equal

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 45

CONSTRUCTION AG-02RC-S-17-0128

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-17-0128

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

7/3/2017

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

Rita J Loper, CO Doug Wright, Technical

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

(208) 765-7497

(208) 765-7294

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):

Reeder Bay Campground and Ledgewood Picnic Area Water and Sewer Improvements Priest Lake Ranger District Idaho Panhandle National Forests Bonner County, Idaho

The estimated price magnitude is: Between $500,000 and $1,000,000.

See Section L-12 for Formal Site Visit, Pre-proposal meeting information

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

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________

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

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

USDA – Forest Service Region 1 AQM Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene ID 83815

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

RITA J LOPER

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

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

REEDER BAY CAMPGROUND & LEDGEWOOD BAY PICNIC AREA

WATER & SEWER IMPROVEMENTS

Priest Lake Ranger District Idaho Panhandle National Forest Bonner County, Idaho

B- 1 – SCHEDULE OF BASE ITEMS

Base Item No.

DESCRIPTION

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

013216.14A

Mobilization

LSQ

Lump Sum

022101A Construction Survey and Staking

LSQ

023219

Exploratory Excavation

AQ

HR

033053A

Concrete Sidewalk

DQ

SF

311100(01)A

Clearing & Grubbing

LSQ

Lump Sum

311100(02)A Remove Existing Bathroom Facilities

AQ

EA

311100(03)A Remove Existing Water Hydrant Assemblies

DQ

EA

330516.13(01)A Bathroom Foundation & Utility Work

AQ

EA

331116(01)

2” HDPE DR 11 Water Pipe

DQ

LF

331116(02)A

1” HDPE DR 11 Water Service

DQ

LF

331116(03)A

1” Curb Stop with Curb Box

DQ

EA

331116(04)A

1” Water Service Connection

LSQ

EA

331116(05)A

Cap Existing Water Line

AQ

EA

331220(01)A

Water Post Hydrant Assembly

DQ

EA

331223.1

Booster Station

DQ

Lump Sum

331223.11

Pump House

DQ

Lump Sum

331620

Refurbish Existing Water Tank

LSQ

Lump Sum

333101(01) 8” SDR 35 PVC Sanitary Sewer Main

DQ

LF

333101(02)A

4” SDR 35 PVC Sanitary Sewer Service

DQ

LF

333101(03)A 4” SDR 35 PVC Sanitary Sewer Service Connection

DQ

EA

333101(04)A 4” Sch. 40 PVC Cleanout, Complete

DQ

EA

333220(01) 60” Dia. Precast Concrete Sanitary Sewer Lift Station, Complete

LSQ

EA

333404(01) 3” Force Main Connection to Sewer District

LSQ

Lump Sum

333404(02)A 2” HDPE DR 11 Sewer Force Main

DQ

LF

333610(01) Abandon Precast Concrete Septic Tank (Host Site)

AQ

EA

333610(02) 3,000 Gallon Precast Concrete Septic Tank, Complete

AQ

EA

333913 48” Dia. Precast Concrete Sanitary Sewer Manhole

DQ

EA

LEDGEWOOD PICNIC AREA

Base Item No

DESCRIPTION

METH. OF

MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

013216.14B

LSQ

Lump Sum

311100(03)B Remove Existing Water Hydrant Assemblies

DQ

EA

331116(05)B

Cap Existing Water Line

AQ

EA

331220(01)B

Water Post Hydrant Assembly

DQ

EA

SCHEDULE C – Additive ALTERNATIVE 1, UPGRADE BATHROOM #3 (Additive Alt 1) BASE Item No.

DESCRIPTION

METH. OF

MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

311100(02)B Remove Existing Bathroom Facilities*

AQ

EA

*NOTE: This specific item from Schedule C will be awarded with Base Items

Total ALL BASE Items

SCHEDULE C – Additive ALTERNATIVE 1

UPGRADE BATHROOM #3

REEDER BAY CAMPGROUND

Additive Alt 1 Item No.

DESCRIPTION

METH. OF

MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

022101B Construction Survey and Staking

LSQ

Lump Sum

033053B

Concrete Sidewalk

DQ

SF

311100(01)B Clearing & Grubbing

LSQ

Lump Sum

330516.13(01)B Bathroom Foundation & Utility Work

AQ

EA

331116(02)B

DQ

LF

331116(03)B

DQ

EA

331116(04)B

LSQ

EA

333101(02)B 4” SDR 35 PVC Sanitary Sewer Service

DQ

LF

333101(03)B 4” SDR 35 PVC Sanitary Sewer Service Connection

DQ

EA

333101(04)B 4” Sch. 40 PVC Cleanout, Complete

DQ

EA

TOTAL Additive Alt 1

SCHEDULE D – Additive ALTERNATIVE 2

ADDITIONAL WATER & SEWER IMPROVEMENTS

LEDGEWOOD PICNIC AREA

Additive Alt 2 Item 2

DESCRIPTION

METH. OF

MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

013216.14C

LSQ

Lump Sum

022101C Construction Survey and Staking

LSQ

Lump Sum

311100(01)C Clearing & Grubbing

LSQ

Lump Sum

311100(02)C Remove Existing Bathroom Facilities

AQ

EA

321123

Crushed Aggregate Trail

DQ

CY

330516.13(01)C Bathroom Foundation & Utility Work

AQ

EA

330516.13(02) Relocate Existing Well Pump Controls

LSQ

Lump Sump

331116(02)C

DQ

LF

331116(03)C

DQ

EA

331116(04)C

LSQ

EA

333101(02)C 4” SDR 35 PVC Sanitary Sewer Service

DQ

LF

333101(04)C 4” Sch. 40 PVC Cleanout, Complete

DQ

EA

333404(02)B 2” HDPE DR 11 Pressure Pipe (Force Main)

DQ

LF

333404(03) 2” Force Main Connection to Sewer District

LSQ

Lump Sump

333610(03) 3,000 Gallon Precast Concrete Septic Tank, Complete

AQ

EA

Total Additive Alt 2

* Designated Method of Measurement:

DQ – Designed Quantities; AQ - Actual Quantities, LSQ - Lump Sum Quantities; SQ – Staked Quantities; CQ – Contract Quantities

NOTE:

Additive Items may be awarded after initial award of base items until November 30th, 2017, and the prices shall be guaranteed until said date.

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract This project consists of replacement of the existing drinking water system and installation of a new sewer system to be connected to the public municipality at Reeder Bay Campground and Ledgewood Bay Picnic Area. Work consists of, but is not limited to; mobilization, replacement and installation of new waterlines, installation of sewer lines and connection to public municipality, replacement and installation of new water hydrants and public restrooms, installation of a booster station, and installation of new septic/lift station assemblies.

C- 2 Project Location This project is located on the Priest Lake Ranger District of the Idaho Panhandle National Forests, approximately 2.5 air miles west of Nordman in Bonner County, Idaho. Refer to the location map on the title sheet of the plans. Latitude and longitude at Reeder Bay is 48.626,-116.893; latitude and longitude at Ledgewood Bay is 48.631,-116.884. To access the site from Priest River, ID: head north on ID-57 (signs for Priest Lake) for 36.4 miles. Take a slight right onto Reeder Bay Road, and follow for 2.6 miles. Reeder Bay Campground will be on your right. Ledgwood Picnic Area is an additional .5 miles down Reeder Bay Road on the right.

C-3 AGAR 452.211-3 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-4 AGAR 452.211-4 Attachments to Statements 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

C- 5 Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit a complete list of biobased products before work begins, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2018. The time stated for completion shall include final cleanup of the premises.

Note: It is estimated the notice to proceed under this contract will be issued approximately mid-September 2017 to facilitate the contract submittal process and contractor ordering of materials. The contractor shall begin work in 2017 and shall be required to complete approx. 15 percent of the base items in 2017.

SECTION G - Contract Administration Data

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

http://www.dm.usda.gov/procurement/policy/agar.html

G-1 AGAR 452-215-73 Post Award Conference (NOV 1996). A post award conference with successful offeror is required. It will be scheduled and held before work begins, after the date of contract award. The conference will be held at a location to be determined as agreed upon.

G-2 Government-Furnished Property. All bathroom facilities to be installed by the contractor in this contract shall be purchased by the Government. The contractor is responsible for coordinating with the manufacturer for delivery and placement of bathroom facilities.

See Section I, FAR 52.229-3 Federal, State, and Local Taxes

Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

H- 3 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) 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 90-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 substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications 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- 4 Incidental Payment Items The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 5 Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H-6 Samples, Tests, Cited Specifications Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-7 Barricades, Warning Signs, and Other Devices 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, flagmen 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.

H-8 Invoice Processing Platform (IPP) The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-9 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-10 Reference FAR 52.236-13, Accident Prevention.

Safety. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

H-11 Idaho Worker’s Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

(APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I-2 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause—

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts—

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

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

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

The Contractor represents that it |_| is, |_| is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

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

I-3 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) )

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)–

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8),

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

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

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR…