AG-0356-S-14-0031.pdf

AG-0356-S-14-0031 – RFQ

Sullivan-Tenmile Trail Wise River Ranger District, Beaverhead-Deerlodge National Forest

B - Schedule of Items

C - Description/Specifications/Statement of Work

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

I - Contract Clauses

J - List of Documents, Exhibits, and Other Attachments

K - Reps, Certs, and Other Statements of Quoters

L - Instructions, Conditions, and Notices to Quoters

M - Evaluation Factors for Award

B - Schedule of Items

Sullivan-Tenmile Continental Divide National Scenic Trail Construction

Silver Bow County, Montana

ITEM A New Trail Construction – Estimated Quantities

ITEM

Measurement Project Unit Total

NO. Description Method Unit Total Cost Cost

15101 Mobilization LSQ LS 1 $ $

15102 Equipment Washing LSQ LS 1 $ $

15201 Stake Refreshing LSQ LS 1 $ $

15202 Stake Cleanup LSQ LS 1 $ $

20101 Clearing and Grubbing DQ LF 33408 $ $

20401 Excavation DQ LF 32947 $ $

20422 Rock Turnpike AQ LF 203 $ $

20430 Switchback AQ EA 5 $ $

20450 Shallow Stream Ford AQ EA 2 $ $

20501 Rock Excavation DQ LF 622 $ $

62212 12-inch Polyethylene Pipe AQ LF 24 $ $

63302 10’x4” Treated Post AQ EA 7 $ $

63303 6”x10” Oak CDT Placards AQ EA 58 $ $

63304 Directional Sign AQ EA 3 $ $

63305 Boundary Sign AQ EA 1 $ $

ITEM B Road to Trail Conversion – Estimated Quantities

20101 Clearing and Grubbing DQ LF 10931 $ $

20403 Drain Dip DQ EA 33 $ $

20404 Ditch AQ LF 105 $ $

20422 Rock Turnpike AQ LF 151 $ $

21120 Road to Trail Conversion DQ LF 10931 $ $

62201 Excavator Hours AQ HR 5 $ $

62212 12-inch Polyethylene Pipe AQ LF 12 $ $

ITEM C Trailhead Improvements – Estimated Quantities

20302

Remove and Dispose of

Structure LSQ LS 1 $ $

20462

Aggregate Pad and Path

Preparation DQ SF 1700 $ $

30301

Aggregate Pad and Path

Placement DQ CY 22 $ $

63306 Registration Box AQ EA 1 $ $

63307 Bulletin Board AQ EA 1 $ $

LSQ Lump Sum Quantity, LS Lump Sum, AQ Actual Quantity, DQ Design Quantity, LF Lineal Foot, EA Each

NOTE: The Government reserves the right to award to one or multiple vendors based on funding and best value of each Item (A, B, and C). Vendors are required to complete pricing for each Item they choose to be considered for.

This is a Request for Quotation (RFQ); therefore, no public opening will be held. The results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned, but will be retained by the U.S. Forest Service for official record purposes. The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

There is no formal site visit scheduled for this project. Interested vendors who are in need of further information can contact Kendra Bull, Civil Engineer -Trails, Beaverhead-Deerlodge National Forest at 406-683-3962.

Vendor shall have a DUNS number and be registered in the System for Award Management (www.sam.gov) prior to award.

The Forest Service has transitioned to an electronic invoice system called Invoice Processing Platform (IPP). Vendors are required to set-up an account at www.ipp.gov in order to submit invoices.

Quoters refer to L1 (page 21 of 34) of this solicitation to understand what documents need to be returned with quotation.

Price Quotation furnished by:

Name: _______________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________ http://www.ipp.gov/

C - Description/Specifications/Statement of Work

C-1 – Project Description and Location

Description of Work. Sullivan-Tenmile has three distinct types of work.

ITEM A includes almost 7 miles of new trail through lodgepole and old cutting units. Some areas have heavy brush. Excavation and clearing and grubbing are the main work items. The selected quoter will be required to install appropriate drainage on frequent intervals. Also included in this project are a few short sections of turnpike, culverts, 5 switchbacks.

ITEM B includes the road to trail conversion of over 2 miles of existing road. The road width varies from 6 feet to 24 feet. The 6 foot segment is at the beginning and while there is no minimum size requirement for excavators, bidders are strongly encouraged to visit the site to determine the best piece of equipment. The road is very rocky.

Included in the road to trail conversion are drain dips, turnpike, clearing and grubbing of the road, ditch, pipe installation and some excavator equipment hours. No sign installations shall take place on this item. All signs will be included in ITEM A.

ITEM C includes Seymour Trailhead Improvements including a bulletin board with registration box, accessible path and removal of many of the existing structures at the site. Please see the Seymour Trailhead Site Plan sheet 3 of the drawing for a complete summary of the work.

Project Location and Directions. To get to the project, travel south from Anaconda along the Mill Creek

Highway towards Wisdom. The Mill Creek Highway is about one mile outside of Anaconda on the east side of the town. Call MDT Butte District Office at 494-9600 for current road conditions, ongoing construction along

Mill Creek Road may close the road. Approximately 15 miles from the junction you’ll reach Upper Dry Creek

Road. You’ve gone too far if you reach the interpretive homestead site. Upper Dry Creek Road is at the top of a hill and has a cattleguard. Turn right or west onto Upper Dry Creek Road. Travel along Upper Dry for approximately 2 miles. After 2 miles there is a four-way intersection, take the route to the north (right) and drive as far as you feel comfortable. This road is in rough shape, and a 4X4 high clearance vehicle, or 4-wheeler is necessary to drive the length of the road. The road goes for about 3.5 miles through some meadows, then back in the woods, and finally dips down to the right or east. When the road dips to the east, look for a junction that is signed “no vehicles” and take that road/trail (no motorized vehicles please) for approximately one mile to the beginning of the work. Work begins in a meadow/old clear cut.

As shown on the map, there are many access routes to get close to the trail, but the trail does not intersect with these routes, and cross-country travel will not be permitted as part of this contract. The only available access mid-point for excavators will be the 2492 road. Additional work will be required on this road as an additive bid item to close to motorized vehicles once trail construction in this area is complete. For site visit purposes no motorized travel is currently allowed along this old road.

Site Visit. No formal site visit is planned. Please contact Kendra Bull, 406-683-3962 for more information.

Special Project Time Limitations. No mechanical equipment, blasting, or tree cutting shall occur from May 15th to July 15 th of any year. Work on this project shall begin after September 15 th , 2014 and shall be completed prior to September 1st, 2016.

The majority of this work occurs above 8,000 feet. It is expected that with almost 7 miles of new trail construction, this will be a long project with late start and early season end times. Quote accordingly, no time extensions will be granted for slow progress along the trail. Work window shall span three construction seasons for all items.

Use of Premises and Camping. Contractors are expected to keep a clean camp at all times and adhere to proper food storage. Camping will be allowed in close proximity to the work. Leave No Trace ethics shall be strictly enforced. Visit the Leave No Trace website for more information at http://www.lnt.org/programs/principles.php.

The Contracting Officer’s Representative or Inspector will inspect the Contractor’s camp as part of the final inspection. Bears frequent the area and proper food storage is now required. Food and other attractants must be hung or stored properly in hard sided vehicles, or bear boxes. A complete copy of food storage requirements will be given at the pre-work. This was a new order effective June 1 st , 2014.

Tools and Equipment. All tools and equipment shall be furnished by the contractor. Excavators shall be limited to a maximum 39-inch track width. 2-wheeled motor vehicles are allowed for construction purposes only, such as transportation of employees and materials. 4-wheeled motor vehicles are not allowed except along Road 2492 during construction. Motorized vehicles are not allowed for site visits on Road 2492. When not on site, keep valuable tools hidden from the trail.

Subcontractors. All subcontractors need to be identified by the time of the pre-work, and must be approved prior to the issuance of the Notice to Proceed. Contractors shall bring the SF 1413 to the pre-work conference for each subcontractor.

Submittals. Submittals shall be required for the following items: geotextile, pipe, signs, and posts. See specification 106.03. In addition to these submittals a blasting plan is required for all blasting work. See specification 205.05 for more details.

C-3 – Drawings

The following drawings are a part of this solicitation and any resulting contract:

Cover Sheet

Maps ...................................................................................................................................................................... 2-3

Summary of Quantities and Notes

Trail Log ................................................................................................................................................................. 5-8

Trail Typicals ...................................................................................................................................................... 9-22

C-4- Specifications

The following specifications are a part of this solicitation and any resulting contract:

Contents

DIVISION 100 GENERAL REQUIREMENTS

Section 101. – TERMS, FORMAT, AND DEFINITIONS

Section 103. — SCOPE OF WORK

Section 104. — CONTROL OF WORK

Section 105. — CONTROL OF MATERIAL

Section 106. — ACCEPTANCE OF WORK

Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 109. — MEASUREMENT AND PAYMENT

DIVISION 150 PROJECT REQUIREMENTS

Section 151. — MOBILIZATION http://www.lnt.org/programs/principles.php

Section 152. — CONSTRUCTION SURVEY AND STAKING

Section 156. — PUBLIC TRAFFIC

DIVISION 200 EARTHWORK

Section 201. — CLEARING AND GRUBBING

Section 203. — REMOVAL OF STRUCTURES AND OBSTRUCTIONS

Section 204. — EXCAVATION AND EMBANKMENT

Section 205. — ROCK BLASTING

Section 207. — EARTHWORK GEOTEXTILES

Section 211. — ROUTE OBLITERATION

DIVISION 600 INCIDENTAL CONSTRUCTION

Section 602. — CULVERTS AND DRAINS

Section 633. — PERMANENT TRAFFIC CONTROL

Section 635. — TEMPORARY TRAFFIC CONTROL

DIVISION 700 MATERIALS

Section 704. — SOIL

Section 706. — CONCRETE AND PLASTIC PIPE

Section 714. — GEOTEXTILE AND GEOCOMPOSITE DRAIN MATERIAL

Section 718. — TRAFFIC SIGNING AND MARKING MATERIAL

Section 725. — MISCELLANEOUS MATERIAL

D - Packaging and Marking

{For this solicitation there are NO Clauses.}

E - Inspection and Acceptance

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):

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

FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

FAR 52.246-12 Inspection of Construction. (APR 1996)

F - Deliveries or Performance

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) - Alternate I (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 1, 2016. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by

September 15, 2014. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

FAR 52.242-14 Suspension of Work. (APR 1984)

G - Contract Administration Data

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 the “Government Property” FAR clause 52.245-4, contained in Section I of the contract.

(a) Sign Panels where SHOWN ON THE WORKLISTS.

AGAR 452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. The conference will be scheduled at a date and time to be determined later.

H - Special Contract Requirements

H-1 - SAFETY PLAN

(a) Will be required and submitted for approval to the CO prior to commencement of work.

H-2 - CAMPING

(a) Before camping, the Contractor shall obtain a District Camping Permit, if required, from each District the Contractor is working on through the Contracting Officer/Contracting Officer's Representative.

(b) A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(c) Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping.

(d) In bear country there has been a special order on food storage and camping issued. Refer to section

H-3 below for Food Storage requirements.

(e) The Government will make no special camping allowances for the Contractor within or near the project area. Arrangements with the local private landowners will be at the discretion of the

Contractor.

H-3 - FOOD STORAGE ORDER

(a) Within bear country there has been a special order on food storage and camping issued. It states that all 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. They 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-4 - USE OF MOTORIZED OR MECHANIZED EQUIPMENT

(a) All basic trail excavation shall be accomplished by mechanical means with equipment that fits the specified trail widths. Specifically, the intent is to require small track-mounted excavators no wider than 60” unless otherwise approved by the COR. This contract also requires that reconditioning of the existing trailbed and Drain Dip construction will be accomplished by mechanized methods. In no case shall any of the equipment widths be greater than the specified trail tread widths shown on the drawings.

(b) Trail vehicles for transport of materials, equipment or personnel shall be allowed, as long as the outside track width of the vehicle is less than or equal to the specified trail tread widths shown on the drawings.

H-5 - EMERGENCY RESPONSE

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire-fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-6 -SECURITY AND PROTECTION

(a) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site.

Secure completed work as required to prevent loss.

Barricades, warning signs and light 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. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.

(b) Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the Forest

Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest resources and when traffic can be accommodated safely.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.

(c) 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.

I - Contract Clauses

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

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

FAR 52.211-18 Variation in Estimated Quantity. (APR 1984)

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

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

FAR 52.222-3 Convict Labor. (JUN 2003)

FAR 52.222-6 Construction Wage Rate Requirements. (MAY 2014)

FAR 52.222-7 Withholding of Funds. (MAY 2014)

FAR 52.222-8 Payrolls and Basic Records. (MAY 2014)

FAR 52.222-9 Apprentices and Trainees. (JUL 2005)

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

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

FAR 52.222-12 Contract Termination - Debarment. (MAY 2014)

FAR 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY

2014)

FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

FAR 52.222-15 Certification of Eligibility. (MAY 2014)

FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

FAR 52.222-26 Equal Opportunity. (MAR 2007)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

FAR 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

FAR 52.223-6 Drug-Free Workplace. (MAY 2001)

FAR 52.224-1 Privacy Act Notification. (APR 1984)

FAR 52.224-2 Privacy Act. (APR 1984)

FAR 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

FAR 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

FAR 52.228-2 Additional Bond Security. (OCT 1997)

FAR 52.228-11 Pledges of Assets. (JAN 2012)

FAR 52.228-14 Irrevocable Letter of Credit. (MAY 2014)

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

FAR 52.232-23 Assignment of Claims. (MAY 2014)

FAR 52.232-27 Prompt payment for construction contracts. (MAY 2014)

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

FAR 52.233-1 Disputes. (MAY 2014)

FAR 52.233-3 Protest after Award. (AUG 1996)

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

FAR 52.236-2 Differing Site Conditions. (APR 1984)

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

FAR 52.236-5 Material and Workmanship. (APR 1984)

FAR 52.236-6 Superintendence by the Contractor. (APR 1984)

FAR 52.236-7 Permits and Responsibilities. (NOV 1991)

FAR 52.236-8 Other Contracts. (APR 1984)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

FAR 52.236-10 Operations and Storage Areas. (APR 1984)

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

FAR 52.236-12 Cleaning Up. (APR 1984)

FAR 52.236-13 Accident Prevention. (NOV 1991)

FAR 52.236-16 Quantity Surveys. (APR 1984)

FAR 52.236-17 Layout of Work. (APR 1984)

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

FAR 52.236-26 Preconstruction Conference. (FEB 1995)

FAR 52.243-5 Changes and Changed Conditions. (APR 1984)

FAR 52.244-6 Subcontracts for Commercial Items. (MAY 2014)

FAR 52.245-1 Government Property. (APR 2012)

FAR 52.246-21 Warranty of Construction. (MAR 1994)

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

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

FAR 52.253-1 Computer Generated Forms. (JAN 1991)

AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988)

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

AGAR 452.236-76 Samples and Certificates. (FEB 1988)

FAR 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) 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 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:

(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.

(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 or Balance of

Payments Program.

(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 Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

FAR 52.228-13 Alternative Payment Protections. (JUL 2000)

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

Payment Bond

Irrevocable Letter of Credit

Certified or Cashier’s Check, Bank Drafts, Money Orders or Currency

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

(c) The submission of the payment protection is required within 10 days of contract award.

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

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

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

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

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

Applicants (FEB 2012) Alternate 1

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

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

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

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

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

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

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at

FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable

Federal, State and local regulations.

J - List of Documents, Exhibits, and Other Attachments

Attachment 1: Davis-Bacon Wage Determination, General Decision No. MT140080, dated 03/07/2014, MT80

Attachment 2: Experience Questionnaire

Attachment 3: Signed Title Sheet (separate attachment)

Attachment 4: Project Drawings (separate attachment)

Attachment 5: Project Specifications (separate attachment)

Attachment 6: Photo Log (separate attachment)

Attachment 7: Food Storage Order (separate attachment)

K - Reps, Certs, and Other Statements of Quoters

FAR 52.204-8 Annual Representations and Certifications. (MAY 2014)

(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 $33.5 million (receipts in a three-year period).

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

(iv) 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.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic

Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 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 $79,507, 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.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan-Certification. This provision applies to all solicitations.

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to-

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

[] (i) 52.219-22, Small Disadvantaged Business Status.

[] (A) Basic.

[] (B) Alternate I.

[] (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

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

[] (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[] (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

Content for EPA-Designated Products (Alternate I only).

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer

Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM

Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause No.[]

Title[]

Date[]

Change[]

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

FAR 52.223-1 Biobased Product Certification. (MAY 2012)

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

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and *subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the

Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

Contractor’s Signature Date

Contractor’s Name and Title

AGAR 452.209-70 Representation by Corporations Regarding and Unpaid Delinquent Tax Liability or a

Felony Conviction (FEB 2012) Alternative 1

(a) Awards made under this solicitation are subject to the provisions contained in the Consolidated

Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including

American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana

Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands.

(Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under

Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Contractor’s Signature Date

Contractor’s Name and Title

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

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

Contract line item(s): All

- NAICS Code 237990 – Other Heavy and Civil Engineering Construction

- Size Standard $33.5 million (receipts in a three-year period)

L - Instructions, Conditions, and Notices to Quoters

L1. QUOTE SUBMITTAL

Contractors wishing to submit a quote must include the following:

Request for Quotation (SF-18); complete and signed.

Section B – Schedule of Items (page 2-3 of 34)

Annual Representations and Certifications in Section K (pages 16-21 of 34)

Experience Questionnaire (Attachment 2)

Acknowledge Amendments per the instructions in Block 11 of the SF-30 (if applicable)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR 52.204-7 System for Award Management. (JUL 2013)

FAR 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004)

AGAR 452.204-70 Inquiries. (FEB 1988)

FAR 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

FAR 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.

FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms…