REVISED_AG-0343-S-16-0036.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)

792434

FOREST SERVICE NORTHERN REGION

R1 AQM

24 FORT MISSOULA ROAD

MISSOULA MT 59804

FOREST SERVICE NORTHERN REGION

R1 AQM, CUSTER GALLATIN NATIONAL FOREST

ATTN: ALANE FITZPATRICK

PO BOX 130, 10 E BABCOCK AVENUE

BOZEMAN, MT 59771

ALANE FITZPATRICK 406-587-6920

x

04/21/2016

REVISED AG-0343-S-16-0036

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

Main Fork Rock Creek Road #2421 Reconstruction, Phase I

Part I-The Schedule

Section A: SF-1442

Section B: The Schedule-Supplies or Services & Prices/Costs

Section C: Description/Specifications/Work Statement

Section E: Inspection & Acceptance

Section F: Deliveries or Performance

Section G: Contract Administration Data

Section H: Special Contract Requirements

Part II: Contract Clauses

Section I: Contract Clauses

Part III: List of Documents, Exhibits & Other Attachments

Section J: List of Documents, Exhibits & Other Attachments

Part IV: Representations & Instructions

Section K: Representations, Certifications & Other Statements to Offerors

Section L: Instructions, Conditions & Notices to Offerors

Section M: Evaluation Factors for Award

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

05/23/2016

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) afitzpatrick Highlight

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

FOREST SERVICE NORTHERN REGION

R1 AQM

24 FORT MISSOULA ROAD

MISSOULA MT 59804

ALANE FITZPATRICK

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 46

CONTINUATION SHEET

PAGE OFREFERENCE NO. OF DOCUMENT BEING CONTINUED

REVISED AG-0343-S-16-0036

Main Fork Rock Creek Road #2421 Reconstruction, Phase I

Delivery: 09/15/2016

Delivery Location Code: 0355

USDA FOREST SERVICE

BILLINGS OFFICE

5001 SOUTHGATE DR STE 2

BILLINGS MT 59101 US

FOB: Destination

001 Main Fork Rock Creek Road-2421 Reconstruction

Phase I Project

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

afitzpatrick Highlight

REVISED AG‐0343‐S‐16‐0036

CUSTER GALLATIN NATIONAL FOREST

Main Fork Rock Creek Road‐2421 Reconstruction, Phase I

REVISED

MAIN FORK ROCK CREEK ROAD‐2421 RECONSTRUCTION, PHASE I

TABLE OF CONTENTS

B ‐ SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

C ‐ SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

D ‐ SECTION D ‐ PACKAGING AND MARKING

E ‐ SECTION E ‐ INSPECTION AND ACCEPTANCE

F ‐ SECTION F ‐ DELIVERIES OR PERFORMANCE

G ‐ SECTION G ‐ CONTRACT ADMINISTRATION DATA

H ‐ SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

I ‐ SECTION I ‐ CONTRACT CLAUSES

J ‐ SECTION J ‐ LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

K ‐ SECTION K ‐ REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

L ‐ SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

M ‐ SECTION M ‐ EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

B ‐ SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B‐1 SCHEDULE OF ITEMS: Main Fork Rock Creek Road‐2421 Reconstruction, Phase I; Carbon County, Montana; Beartooth Ranger District, Custer Gallatin National Forest.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

BASE BID ITEM

15101 Mobilization LSQ LS All $ XX.XX $

20101 Clearing & Grubbing, Disposal of Tops & Limbs K, Logs I, Stumps A or C LSQ LS All $ XX.XX $

20301 Removal of Structures & Obstructions LSQ LS All $ XX.XX $

20401 Roadway Excavation, Compaction Method E, Finishing Method A CQ CY 949 $ $

20404 Unclassified Borrow, Compaction Method E, Finishing Method A CQ CY 1,718 $ $

20405 Construct Rolling Dip AQ EA 1 $ $

30111 Aggregate Surface Course, Grading F, Compaction Method C CQ CY 3,841 $ $

30112 Aggregate Surface Course, Grading F, Compaction Method C (10 Approach Aprons, 10 CY each) CQ CY 100 $ $

30301 Road Reconditioning, Recondition Roadbed, Shoulders & Ditches, Compaction Method B AQ STA 154.17 $ $

60202a 21‐inch Span, 15‐inch Rise CMPA, Compaction Method C AQ LF 406 $ $

60202b 42‐inch Span, 29‐inch Rise CMPA, Compaction Method C AQ LF 36 $ $

62201a Equipment Rental, Type – Hydraulic Excavator with Thumb, Track Mounted AQ HR 24 $ $

62201b Equipment Rental, Type – Motorized Grader AQ HR 24 $ $

62504 Seeding, Dry Broadcast Method LSQ LS All $ XX.XX $

63306 Remove & Reinstall Existing Signs & Posts AQ EA 5 $ $

63308 Furnish & Install Sign Posts, 10’ Length AQ EA 12 $ $

63501 Temporary Traffic Control AQ EA 1 $ $

SUB‐TOTAL PRICE – BASE BID ITEM: $

ADDITIVE ITEM 1

60202c 21‐inch Span, 15‐inch Rise CMPA, Compaction Method C AQ LF 300 $ $

SUB‐TOTAL PRICE – ADDITIVE ITEM 1: $

ADDITIVE ITEM 2

30302 Road Reconditioning, Recondition Roadbed, Shoulders & Ditches, Compaction Method B AQ STA 40.00 $ $

SUB‐TOTAL PRICE – ADDITIVE ITEM 2: $

TOTAL PRICE – ALL ITEMS: $

Bid furnished by:

Printed Name: _________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E‐Mail: ________________________________

Special Notes:

1. The bidder MUST bid on ALL items. The ‘Estimated Quantity’ multiplied by the ‘Unit Price’ for each item must equal the ‘Total Price’ to the penny. DO NOT ROUND UP OR DOWN. Add the Total Price column together and place your total bid amount in the ‘Total Price, All Items’ block.

2. Payment for bond premiums in accordance with FAR 52.232‐5. Payments under Fixed‐Price Construction Contracts shall not be in addition to the contract price but can be included under 15101, Mobilization.

3. Items in the bid schedule are listed in priority order, e.g., ‘Base Bid Item’ = 1st priority; ‘Additive Item 1’ = 2nd priority; and, ‘Additive Item 2’ = 3rd priority.

4. Magnitude of Construction: Per FAR 36.204, the estimated price for this project is, (d) between $250,000 and $500,000.

5. An SF‐24 Bid Bond is required in the amount of 20% of the proposed price or $100,000.00, whichever is less (SF‐24, Bid Bond form, is attached in Section J).

6. Vendors must be registered in the System for Award Management (SAM) database, https://www.sam.gov in order to submit a bid for this project (reference Section I, FAR 52.204‐7).

7. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a bid. Instructions for submitting a bid are located in Section L. Questions regarding bid submission may be directed to Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920. Evaluation Factors are located in Section M.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236‐70 Additive or Deductive Items (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

LSQ ‐‐‐‐‐ Lump Sum Quantity LS ‐‐‐‐‐‐‐‐Lump Sum

CQ‐‐‐‐‐‐‐ Contract Quantity CY‐‐‐‐‐‐‐‐Cubic Yard

AQ ‐‐‐‐‐‐ Actual Quantity EA ‐‐‐‐‐‐‐Each

STA ‐‐‐‐‐‐Station

LF ‐‐‐‐‐‐‐‐Linear Foot

HR ‐‐‐‐‐‐‐Hour bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because of each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.

(End of clause)

C ‐ SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Clauses

C‐1 PROJECT DESCRIPTION AND LOCATION

a. Scope of Contract: This project entails reconditioning approximately 2.92 miles of the Main Fork Rock Creek Road #2421 and constructing new turnouts along the road. Work may extend up to 1 mile beyond the Base Bid Item Project Area. The work includes, clearing & grubbing, decking merchantable timber, excavation and embankment, borrow excavation and haul, turnout construction, road reconditioning, surfacing, culvert removal and replacement, sign installation, seeding, traffic control, and various other items related to the road work on the Main Fork Rock Creek Road #2421. Additionally, the work includes blading, shaping and surfacing the MK Campground road #2421C.

It is the Contractor’s responsibility to recondition the road to the approved road template. Most ditches along the route are no longer visible. The Contractor shall reestablish all ditches as shown on the approved template.

Borrow sources will be located along the road work within 1 mile of fill sections and near turnouts requiring borrow as staked by the Government. Borrow sources will be required to be built to the turnout standard (10’ width x length, 2:1 back slope) and will require shaping and contouring to a clean constructed turnout. These ‘additional’ turnouts are simply for borrow and will not substitute those shown on the turnout table. The borrow areas are unclassified. The Contractor will be required to sort the borrow as necessary to obtain properly sized material. Oversized material may be buried in large fills or scattered at the toe of larger fills along the job site.

Windrow of rocks shall not be permitted.

Slash shall be piled at designated sites: one near the start of the project area location and one near the end of the project area in open areas as staked by the Contracting Officer’s Representative (COR). Stumps will either be buried or hauled off of National Forest System Lands. The ground is extremely rocky and it may be very difficult for the Contractor to bury rocks. All disturbed areas shall be fully reclaimed and seeded to a natural look.

The Contractor shall remove and reset any sign that is in the construction zone or that may be disturbed by construction activities. This item is incidental to other items.

The Contractor shall place aggregate aprons at road and camp sites as shown on the plans or staked in the field.

Turnouts will be at the approximate stations as shown in the turnout table and drawings. Turnouts may be adjusted by the Government to better fit the site. Final locations will be staked in the field by the Government.

The Contractor shall reconstruct the turnaround area at station 156+00 to accommodate trailer turnaround with an approximate inside radius of 50’. The route will be staked by the Government.

Culvert staking is the Contractor’s responsibility. All culverts shall be staked by the Contractor prior to ordering for an exact length determination. The Government will stake the culvert stationing locations, along with the sign, post, and turnout locations, as well as other required contract items.

The Contractor shall post a black on orange Type III Hi‐Vis temporary construction sign at the start of the project location. The sign shall comply with the latest version of the MUTCD and include the following language: “Main Fork Rock Creek Road #2421, Closed Monday – Friday 0800‐1200 and 1300‐1700”. This sign shall be set in place a minimum of 7 days prior to road closure.

All signs shall be constructed and installed according to the latest version of the MUTCD and the EM 7100–15: Sign and Poster Guidelines for the Forest Service (2013).

Additive Item #1 consists of additional culvert installations at locations staked on the ground.

Additive Item #2 consists of additional road reconditioning for up to 1 mile beyond the Base Bid Item.

The successful Contractor shall furnish all labor, equipment (fully operated), supervision, transportation, operating supplies, and incidentals necessary to complete the work. All work shall conform to the Plans, Drawings, Specifications, and Special Project Provisions of the solicitation and any resultant contract.

b. Project Location: The project is located on the Beartooth Ranger District of the Custer Gallatin National Forest in

Carbon County, Montana.

Main Fork Rock Creek Road #2421, the project area, is located along the Beartooth Highway 212 near Red Lodge, MT. The project recondition Base Bid Item begins at the pavement/gravel transition of the Main Fork Rock Creek Road #2421 and proceeds for approximately 4 miles. There may be limited work prior to the gravel portion of the road.

c. Price Range: Between $250,000 and $500,000. A Firm‐Fixed Price contract is expected to result from this solicitation.

d. Pre‐bid Tour: No pre‐bid tour will be conducted. Interested parties may contact the Beartooth Ranger District at

406‐446‐2103, or Dave Shimek at the Custer Gallatin National Forest, Billings Office, at 406‐255‐1422, with questions or for directions to view the project site on their own. Contractors are urged to inspect the site where the work will be performed.

Interested parties shall take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government.

e. Pre‐bid Conference: No pre‐bid conference will be conducted.

f. Start Work Date: Estimated start date for this project is June, 2016.

g. Performance Period: All work shall be completed, including clean‐up, final inspection, and Government acceptance, no later than 15 September 2016. The Contractor shall maintain progress at a rate that will assure completion of work within the time specified above.

h. Subcontractors: All subcontractors must be identified by the time of the post‐award conference and must be approved prior to the issuance of the Notice to Proceed. Contractors shall submit a completed SF‐1413 form to the Contracting Officer for each subcontractor (an SF‐1413 form is attached in Section J).

C‐2 GENERAL SPECIFICATIONS

a. Safety Plan: The Contractor shall provide adequate safety briefings and ensure safe practices are followed by all personnel involved in the project. Emergency contact numbers shall be readily available and on‐site throughout the performance of work. A Safety Plan shall be submitted to the Contracting Officer (CO) no later than the post‐ award conference date.

b. Submittals: The Contractor shall submit a Work Progress Schedule, Sign Submittals, Traffic Control Plan, and Safety Plan to the CO no later than the post‐award conference date. The Contractor shall regularly update the Work Progress Schedule and forward updates to the CO bi‐weekly (e.g., every two weeks). No work will be permitted until the Traffic Control Plan, Work Progress Schedule, and Safety Plan have been approved in writing by the CO.

The Contractor shall submit all test results, testing samples, and other submittals to the CO for approval, along with aggregate testing results. The Contractor shall submit sign drawings prior to ordering.

c. Maximum Workweek: The Contractor shall be allowed to perform work as follows: Monday through Friday, excluding legal holidays.

d. Staging Areas: Staging areas must be approved by the CO. The Contractor may be required to surface staging areas to prevent rutting and resource damage.

e. Electrical: There is no on‐site electrical available.

f. Asbestos Containing Materials: The Contractor shall not use during construction, or incorporate into the final construction product, any material or product that contains more than 1% asbestos by dry volume as determined by the Polar Light Microscopy Method (less than 1% shall be considered under these specifications as “Asbestos Free”).

g. Security and Protection: Security is the Contractor’s responsibility. The Contractor will limit access to the construction area to persons involved in the work. The Contractor shall provide secure storage for materials that are stored on‐site and must secure completed work as required to prevent loss.

Barricades, warning signs, and lights shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Where appropriate and needed, the Contractor shall provide lighting, including flashing red or amber warning lights.

h. Maintenance of Traffic: The Contractor shall have all temporary construction signs and traffic control measures in place prior to beginning work. Additionally, the Contractor shall have an approved Traffic Control Plan in place prior to beginning work.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete the work as specified herein, subject to limitations and authorizations designated in Road Order(s) (as illustrated on the Drawings, or as outlined in the specifications), when such use will not damage the roads or National Forest resources and when traffic can be accommodated safely.

Before shutting down operations, the Contractor shall take all necessary precautions to prevent damage to the project. Measures to prevent damage may include, but are not limited to, the installation of temporary detours, approaches, and crossings or intersections. Normal drainage and minimization of erosion must also be provided.

Any emergency vehicles shall be allowed immediate passage.

The Contractor will be allowed to close the road to public traffic from 0800‐1200 and 1300‐1700, Monday through Friday. Longer closure periods will only be considered at the Contractor’s written request and only for specific culvert installations. The maximum closure time will be 10 hours. The Contractor shall keep the road open to passenger vehicles during holidays, weekends, and between regular work periods. The Contractor’s Traffic Control Plan must specifically detail how the closures will be accomplished.

i. Protection of Improvements: The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

j. Water: There is no potable water available on this job. Water for earthwork, surfacing, and incidental construction may be pumped from the Main Fork Rock Creek with prior approval.

k. Toilet Facilities: The Contractor shall supply portable toilets to the project site.

l. Underground Utilities: The Contractor shall call Montana One Call (Call Before You Dig), prior to digging (dial 811 in Montana or 800‐424‐5555 if outside of Montana or if difficulties arise using 811).

m. Biobased Products: The contractor must comply with the Agriculture 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 9FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 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.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreffered products that are required for performance of this construction contract: Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products).

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

C‐3 STANDARD SPECIFICATIONS

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP‐03, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made part of this solicitation and any resultant contract.

Electronic versions of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects" FP‐03, U.S. Customary Unit, are available on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://flh.fhwa.dot.gov/business/resources/specs/fp‐03.htm.

C‐4 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS (FSSS)

The following Forest Service Supplemental Specifications (FSSS) are hereby made a part of this solicitation and any resultant contract. The Forest Service Supplemental Specifications are attached in Section J.

FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS (FSSS)

Number Description

‐ Preface

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

104 Control of Work

105 Control of Material

106 Acceptance of Work

107 Legal Relations and Responsibility to the Public

108 Prosecution and Progress

109 Measurement and Payment

151 Mobilization

152 Construction Survey and Staking

155 Schedules for Construction Contracts

156 Public Traffic

FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS (FSSS)

201 Clearing and Grubbing

203 Removal of Structures and Obstructions

204 Excavation and Embankment

209 Structure Excavation and Backfill

301 Untreated Aggregate Courses

303 Road Reconditioning

602 Culverts and Drains

622 Rental Equipment

635 Temporary Traffic Control

703 Aggregate

718 Traffic Signing and Marking Material

C‐5 DRAWINGS/PLANS

The following Drawings/Plans are hereby made part of this solicitation and any resultant contract, and are attached in Section J.

MAIN FORK ROCK CREEK ROAD #2421 RECONSTRUCTION PROJECT,

PHASE I

DESCRIPTION Sheet No.

Cover Sheet 1

Vicinity Map 2

Road Typicals 3

Culvert Detail 4

Road Alignment 5 ‐ 10

C‐6 MEASUREMENT AND PAYMENT

The method of measurement will be as designated in the Schedule of Items. The accepted quantity will be paid for at the contract Unit Price for the Pay Item shown in the Schedule of Items. Payment will be for all labor, equipment, transportation, supervision, operating supplies, materials, and incidentals necessary to complete the work as specified herein.

452.211‐72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211‐73 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.

(End of Clause)

D ‐ SECTION D ‐ PACKAGING AND MARKING

For this solicitation, there are no clauses included in this section.

E ‐ SECTION E ‐ INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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): http://farsite.hill.af.mil/vffara.htm;

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

(End of clause)

52.246‐12 Inspection of Construction (APR 1996)

F ‐ SECTION F ‐ DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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): http://farsite.hill.af.mil/vffara.htm;

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

(End of clause)

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 15 September 2016. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.242‐14 Suspension of Work (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211‐74 Period of Performance (FEB 1988) The period of performance of this contract is from Notice to Proceed through 09/15/2016.

(End of Clause)

452.211‐75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from date of contract award through 09/15/2016.

(End of Clause)

452.236‐75 Maximum Workweek ‐ Construction Schedule (NOV 1996) Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236‐15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 0800‐1200 and 1300‐1700. Monday through Friday. Longer periods will only be around at the Contractors written request and only for specific culvert installations. Maximum closure time will be 10 hours. The contractor shall keep the road open to passenger vehicles during holidays and weekends and between regular work periods. Information must be detailed in how the closures will be accomplished in the traffic control plan.

G ‐ SECTION G ‐ CONTRACT ADMINISTRATION DATA

G‐1 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with FAR 52.245‐1, Government Property, located in Section I.

a. Borrow Sources, located along the road.

452.215‐73 Post‐award Conference (NOV 1996) A post‐award conference with the successful offeror is required. It will be scheduled within seven days after the date of contract award. The conference will be held at the Custer Gallatin National Forest, Billings Office, 5001 Southgate Drive, Suite2, Billings, MT 59101 or at another location agreed to by the parties.

H ‐ SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H‐1 CAMPING

Camping may or may not be allowed. If allowed, camping requires prior written approval, coordinated through the CO and Beartooth Ranger District.

If camping is allowed, prior to camping on National Forest Lands, the Contractor shall obtain a Camping Permit from the Beartooth Ranger District through the Contracting Officer. Permits will be issued at the discretion of the District Ranger. The Contractor must submit camping requests before or during the post‐award conference. Contractors are expected to keep a clean camp at all times and to adhere to all applicable National Forest/Ranger District policies in effect.

All food and refuse shall be handled according to food storage requirements of the ‘Occupancy and Use Restrictions’ Order to eliminate grizzly bear/human contact.

a. A camp is interpreted to include any location occupied by the Contractor or Contractor’s agents for the purpose of overnight occupancy. This encompasses any tent sites, camp trailers, etc. which also includes residing at designated campsites or campgrounds that are open to the public.

b. Unless otherwise allowed in the Camping Permit, the contractor will abide by all rules applicable to the general public.

c. Arrangements for camping on local private lands will be the responsibility of the Contractor.

H‐2 FOOD STORAGE

A food storage and occupancy and use order is in effect on the Custer Gallatin National Forest (reference Section J for a copy of the order).

The order specifies that all refuse, food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick, etc. These items must be hung at least 10‐feet off the ground and 4‐feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick‐up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop‐up campers, backpacks, and tents are not considered bear resistant.

H‐3 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds the Contractor will be required to furnish proof of weed‐ free equipment. The equipment cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move‐ins shall be treated the same as the initial move‐in.

Prior to move‐in, the contractor shall make equipment available for Forest Service inspection at an agreed upon location.

Clauses

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237‐74 Key Personnel (FEB 1988)

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

Superintendent Project Manager

(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.

PART II – CONTRACT CLAUSES

I ‐ SECTION I ‐ CONTRACT CLAUSES

Clauses 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): http://farsite.hill.af.mil/vffara.htm;

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

(End of clause)

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) 52.203‐17 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)

52.204‐7 System for Award Management (JUL 2013)

(a) Definitions. As used in this provision‐ Data Universal Numbering System (DUNS) number means the 9‐digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4‐ character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4‐character suffix.)

This 4‐character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that‐

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number‐

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1‐866‐705‐5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards (OCT 2015) 52.204‐13 System for Award Management Maintenance (JUL 2013) 52.204‐19 Incorporation by Reference of Representations and Certifications (DEC 2014) 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) 52.214‐29 Order of Precedence ‐ Sealed Bidding (JAN 1986) 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2011) 52.219‐8 Utilization of Small Business Concerns (OCT 2014) 52.219‐14 Limitations on Subcontracting (NOV 2011) 52.219‐28 Post‐Award Small Business Program Rerepresentation (JUL 2013) 52.222‐3 Convict Labor (JUN 2003) 52.222‐4 Contract Work Hours and Safety Standards ‐ Overtime Compensation (MAY 2014)

52.222‐5 Construction Wage Rate Requirements‐Secondary Site of the Work (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222‐6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

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 Rate Requirements and Related Regulations (MAY 2014) 52.222‐14 Disputes Concerning Labor Standards (FEB 1988) 52.222‐15 Certification of Eligibility (MAY 2014) 52.222‐21 Prohibition of segregated facilities (APR 2015) 52.222‐26 Equal Opportunity (APR 2015) 52.222‐27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222‐35 Equal Opportunity for Veterans (OCT 2015)

(a) Definitions. As used in this clause‐ "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60‐300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222‐36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60‐741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

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) 52.222‐55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)‐designated items unless‐

(1) The product cannot be acquired‐

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA‐designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat‐ related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall‐

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA‐designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than‐

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223‐6 Drug‐Free Workplace (MAY 2001) 52.223‐14 Acquisition of EPEAT(R)‐Registered Televisions (JUN 2014) 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225‐9 Buy American ‐ 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.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means‐

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty‐free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means‐

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if‐

(i)…