AG-0398-S-13-0021.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)

654343

GALLATIN NATIONAL FOREST

PO BOX 130, 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

EAST SIDE ACQUISITION TEAM (ESAT)

ATTN: ALANE FITZPATRICK

GALLATIN NATIONAL FOREST

PO BOX 130, 10 E BABCOCK, BOZEMAN, MT 59771

ALANE FITZPATRICK 406-587-6920

109/01/2013

AG-0398-S-13-0021

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

GNF: Swan Creek - Storm Castle Snowmobile/ATV Trail

Part I-The Schedule

1. Section A: SF-1442

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

3. Section C: Description/Specifications/Work Statement

4. Section E: Inspection & Acceptance

5. Section F: Deliveries or Performance

6. Section G: Contract Administration Data

7. Section H: Special Contract Requirements

Part II: Contract Clauses

8. Section I: Contract Clauses

Part III: List of Documents, Exhibits & Other Attachments

9. Section J: List of Attachments

Part IV: Representations & Instructions

10. Section K: Representations, Certifications & Other Statements to Offerors

11. Section L: Instructions, Conditions & Notices to Offerors

12. Section M: Evaluation Factors for Award

Contractor DUNS#:

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

Section F

09/13/2013

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715

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 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0398-S-13-0021

GALLATIN NATIONAL FOREST: Swan Creek - Storm Castle Snowmobile/ATV Trail Bozeman Ranger District; Gallatin County, MT Delivery: 09/30/2014 Delivery Location Code: 0398

GALLATIN NATIONAL FOREST

PO BOX 130, 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771 US

FOB: Destination

001 Swan Creek-Storm Castle snowmobile/ATV trail construction (CMTL) Product/Service Code: Y1PA Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

002 Swan Creek-Storm Castle snowmobile/ATV trail construction (NFRR) Product/Service Code: Y1PA Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG‐0398‐S‐13‐0021

GALLATIN NATIONAL FOREST

Swan Creek – Storm Castle Snowmobile/ATV Trail

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D ‐ PACKAGING AND MARKING

SECTION E ‐ INSPECTION AND ACCEPTANCE

SECTION F ‐ DELIVERIES OR PERFORMANCE

SECTION G ‐ CONTRACT ADMINISTRATION DATA

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

SECTION I ‐ CONTRACT CLAUSES

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

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

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

SECTION M ‐ EVALUATION FACTORS FOR AWARD

Swan Creek – Storm Castle Snowmobile/ATV Trail

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B ‐ 1 SCHEDULE OF ITEMS: Swan Creek – Storm Castle Snowmobile/ATV Trail; Gallatin County, Montana; Bozeman Ranger District, Gallatin National Forest.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

BASE ITEMS – Trail #118:

911(02) Clearing and Grubbing AQ LF 15,800 $ $

912(01) Excavation, 12‐foot tread AQ LF 15,800 $ $

915(01) Trail Restoration AQ LF 1,000 $ $

912(07)a Armored Gully Crossing AQ EA 1 $ $

912(09) Ditch, 1‐foot x 1‐foot AQ LF 360 $ $

914(01) Switchback, Type 1 AQ EA 1

912(12)b Drain Dip, 12‐foot Tread AQ EA 50 $ $

921(01)b 18” Diameter Corrugated Pipe, Type PE AQ LF 104 $ $

951(01) Mobilization LSQ LS 1 $ $

952(01) Install Sign Panel, Government Furnished AQ EA 5 $ $

952(03)

Treated Posts, length 8‐foot, diameter 5‐6 inches minimum AQ EA 5 $ $

XX

Hourly Excavator Rental with Operator for miscellaneous dirt work. This work may include, but is not limited to, excavation; widening and shaping trail prisms; restoration; rehabilitation;

drainage; obliteration; and removal of rocks, logs and debris, etc. AQ HR 20 $ $

TOTAL PRICE – BASE ITEMS: $

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

*ADDITIONAL ITEMS – Trail #907:

*911(02) Clearing and Grubbing Groomer DQ LF 2,850 $ $

*912(01) Excavation, 12‐foot Tread AQ LF 2,850 $ $

*911(05) Light Clearing/Pruning on Existing Tread DQ LF 3,000 $ $

*912(12)b Drain Dip, 12‐foot Tread AQ EA 15 $ $

*952(01) Install Sign Panel, Government Furnished AQ EA 2 $ $

*952(03) Treated Posts, length 8‐foot, diameter 5‐6 inches minimum AQ EA 2 $ $

*921(01)f

18‐inch Diameter Steel Pipe, Type Helical or Angular, 16 gauge.

Contractor furnished and installed. AQ LF 120 $ $

TOTAL PRICE – ADDITIONAL ITEMS: $

TOTAL PRICE – BASE AND ADDITIONAL ITEMS: $

*NOTE: Additional Items – Trail #907, are Additional Items, independent of the Base Items – Trail #118, and are not listed in priority order. These Additional Items are subject to the availability of funds upon the date and time quotes are due (see Section L ‐ 3) and may or may not be awarded.

Special Notes:

1. The bidder must bid on all items. Round to the nearest cent.

2. In the event of an error in extending the bid prices, unit prices will govern, unless otherwise determined by the Contracting Officer, in accordance with applicable regulations.

3. Offers for Quantities less than those listed in the numbered items may be rejected.

4. 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 Mobilization.

5. The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. The suffixes pertain only to sizes, classes, and/or types indicated in the item ‘Descriptions,’ and are used by the Government for computer tabulation of bid schedules. For the abbreviations in the schedule descriptions, see Special Project Specification, SPS 101 (07/07/1997).

6. One contract will be awarded to the responsive and responsible bidder offering the best value to the Government (see Section M – Evaluation Factors for Award).

7. The successful Contractor must be registered in the System for Award Management (SAM) data base (reference Section I, FAR 52.204‐7) before an award is issued.

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

9. Quotes received after the stated closing date and time for submission, specified in Section L, will be deemed late and will not be considered for award. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a quote. Instructions for submitting a quote are located in Section L. Questions regarding quote submission may be directed to Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920.

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E‐Mail: ________________________________

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity LF ‐‐‐‐‐‐‐Linear Foot

EA ‐‐‐‐‐‐‐Each

HR‐‐‐‐‐‐‐Hour

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

DQ ‐‐‐‐‐‐ Design Quantity LF ‐‐‐‐‐‐‐Linear Foot

Swan Creek – Storm Castle Snowmobile/ATV Trail

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C ‐ 1 PROJECT DESCRIPTION AND LOCATION

a. Description of Work. This project includes construction of approximately three miles of snowmobile trail. Three miles of this snowmobile trail will also be used as an ATV trail during the summer season. In general, work includes new trail construction, light clearing on existing roads, installation of drainage structures, sign installation, and other miscellaneous trail work.

The successful Contractor shall furnish all labor, materials, equipment, supervision, transportation, supplies, and incidentals to complete the work as specified herein.

b. Project Location and Directions. Project Location: The project is located within sections 22 and 27 of

T5S, R5E, south of Bozeman, Montana on the Gallatin National Forest, Bozeman Ranger District, in Gallatin County. From Bozeman, follow Highway 191 west to Four Corners; travel south into the Gallatin Canyon toward Big Sky. Turn left on Moose Creek Road #479 and continue east, approximately 8 miles, to the South Fork of Swan Creek in Section 27 and the beginning of the project.

c. Price Range. Between $25,000 and $100,000

d. Pre‐bid Tour. No pre‐bid tour will be conducted. Interested bidders may contact Todd Orr at the Gallatin

National Forest, Supervisor's Office, 406‐587‐6741, for additional information. Contractors are urged to inspect the project 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. Start Work Date. It is estimated that work can begin in late September or early October, 2013.

f. Performance Period. All work shall be completed, including clean‐up, final inspection, and Government acceptance, no later than 30 September 2014. There will be a winter shutdown period from approximately 31 October 2013 through 15 June 2014. The Contractor shall maintain progress at a rate that will assure completion of work within the time specified above.

g. Subcontractors. All subcontractors must be identified by the time of the postaward conference, at the latest, 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‐6).

C ‐ 2 General Specifications:

a. Existing Facilities. In addition to the requirements of the Use of Premises Clause, AGAR 452.236‐70, all existing facilities such as signs, bridges, trail prisms, drainage structures, etc. damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

b. Pollution and Erosion Control. Throughout the work performance period, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All

Swan Creek – Storm Castle Snowmobile/ATV Trail refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance‐free manner. Refuse shall be disposed of in State‐approved dumps as approved by the Contracting Officer's Representative (COR).

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

c. 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. Cleaned equipment shall be free of all dirt and plant parts/materials that may carry noxious weed seeds into the construction area. Any/all subsequent move‐ins of equipment after the initial move‐in, shall be treated the same as the initial move‐in. Before transporting equipment/materials onto National Forest Lands, the Contractor will notify the COR and coordinate an equipment inspection at an agreed to location.

C ‐ 3 Technical Specifications:

a. Equipment Specifications: Equipment shall be in good mechanical and operating condition, fully capable of performing all phases of the specified work.

C ‐ 4 Use of Motorized Equipment:

Use of motorized tools, machinery, motorcycles, ATVs, and pickups will be allowed on the trails during the work performance period.

C ‐ 5 Standard Specifications:

Forest Service standard specifications applicable to this project are located in the “Standard Specifications for Construction and Maintenance of Trails” publication (EM‐7720‐103) dated September, 1996, and are incorporated in this solicitation by reference only. The requirements in these specifications are hereby made a part of this solicitation and any resultant contract.

The publication is available for purchase from the Superintendent of Documents, US Government Printing Office (GPO), Washington, DC 20402 (202‐512‐1800). The GPO stock number is 001‐001‐00661‐1. It may also be accessed electronically at the following website addresses:

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5356707.pdf or http://www.fs.usda.gov/detail/helena/workingtogether/contracting/?cid=stelprdb5359239.

C ‐ 6 Supplemental Specifications:

The following Special Project Specifications (SPS) supplement the Standard Specifications, and are a part of this solicitation and any resultant contract. The Special Project Specifications are attached in Section J

– 3.

Description

J‐3a Worklist Items – BASE ITEMS J‐3b Worklist Items – ADDITIONAL ITEMS

Swan Creek – Storm Castle Snowmobile/ATV Trail

C ‐ 7 Drawings:

The following project Plans/Drawings are a part of this solicitation and any resultant contract, and are attached in Section J – 4.

Sheet Number

Description

Cover Sheet 900‐1 Illustration of Terms 911‐1 Clearing Limits 912‐1 Typical Trail Cross Sections 912‐2 Trailbed and Slope Finish 912‐5 Drain Dip 912‐7 Shallow Stream Ford – Rock Structure 914‐1 Switchback – Type I 915‐1 Existing Trail Restoration 921‐2 Culvert without Headwalls 952‐1 Sign and Post Installation 952‐3 Route Marker Post with Blaze 954‐1 Trail Obliteration

Project Site Map

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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)

SECTION D ‐ PACKAGING AND MARKING

For this Solicitation, there are no clauses included in this Section.

SECTION E ‐ INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246‐12 Inspection of Construction (APR 1996)

52.252‐2 Clauses Incorporated by Reference (FEB 1998)

Swan Creek – Storm Castle Snowmobile/ATV Trail

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)

SECTION F ‐ DELIVERIES OR PERFORMANCE

52.242‐14 Suspension of Work (APR 1984)

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 30 September 2014. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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.

SECTION G ‐ CONTRACT ADMINISTRATION DATA

452.215‐73 Postaward 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 Gallatin National Forest, Supervisor’s Office; 10 E Babcock, Bozeman, MT 59715 or at another location agreed to by the parties.

(End of Clause)

G ‐ 1 Government Furnished Property: The Government will provide the following items 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.

GOVERNMENT FURNISHED PROPERTY

Sign Panels – where shown on the Worklists

Swan Creek – Storm Castle Snowmobile/ATV Trail

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H ‐ 1 Safety Plan:

a. The Contractor will be required to draft a safety plan and submit it to the CO for approval prior to the issuance of the Notice to Proceed.

H ‐ 2 Camping:

Before camping on National Forest Lands, the Contractor shall obtain a Camping Permit from the Ranger District through the COR. Contractors are expected to keep a clean camp at all times and to adhere to all applicable National Forest/Ranger District policies in effect.

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

b. The Contractor will furnish a proposed campsite location at the pre‐work meeting for review and approval. The campsite location must be approved prior to camping.

c. The Government will make no special camping allowances for the Contractor within or near the project area. Outside arrangements with local, private landowners will be at the discretion of the Contractor.

H ‐ 3 Food Storage Order:

A food storage and camping order is in effect on the Gallatin National Forest within bear country (reference Section J – 5).

The order specifies 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. 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 ‐ 4 Use of Motorized or Mechanized Equipment:

a. Basic trail excavation shall be accomplished by mechanical means with equipment that fits the specified trail widths. Track‐mounted excavators shall be no wider than the associated trail widths shown in the drawings unless otherwise approved by the COR. 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 Security and Protection:

a. Security and Protection. Security is the Contractor’s responsibility. The Contractor shall limit access to the construction area to persons involved in work performance. Additionally, the Contractor will provide

Swan Creek – Storm Castle Snowmobile/ATV Trail secure storage for materials that are stored on site. The Contractor shall protect completed work as required to prevent loss and/or damage.

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. 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, the Contractor must take all necessary precautions to prevent damage to the project. Protections may include items such as the installation of temporary detours, approaches, crossings, or intersections. The protections will provide for normal drainage and minimization of erosion. The Contractor must 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 as specified.

Swan Creek – Storm Castle Snowmobile/ATV Trail

PART I – THE SCHEDULE

SECTION I ‐ CONTRACT CLAUSES

52.204‐7 System for Award Management (JUL 2013) 52.209‐6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.211‐18 Variation in Estimated Quantity (APR 1984) 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2011) 52.222‐3 Convict Labor (JUN 2003) 52.222‐6 Davis‐Bacon Act (JUL 2005) 52.222‐7 Withholding of Funds (FEB 1988) 52.222‐8 Payrolls and Basic Records (JUN 2010) 52.222‐9 Apprentices and Trainees (JUL 2005) 52.222‐10 Compliance with Copeland Act Requirements (FEB 1988) 52.222‐11 Subcontracts (Labor Standards) (JUL 2005) 52.222‐12 Contract Termination ‐ Debarment (FEB 1988) 52.222‐13 Compliance with Davis‐Bacon and Related Act Regulations (FEB 1988) 52.222‐14 Disputes Concerning Labor Standards (FEB 1988) 52.222‐15 Certification of Eligibility (FEB 1988) 52.222‐21 Prohibition of Segregated Facilities (FEB 1999) 52.222‐26 Equal Opportunity (MAR 2007) 52.222‐27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222‐36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.223‐5 Pollution Prevention and Right‐to‐Know Information (MAY 2011) 52.223‐6 Drug‐Free Workplace (MAY 2001) 52.224‐1 Privacy Act Notification (APR 1984) 52.224‐2 Privacy Act (APR 1984) 52.227‐4 Patent Indemnity‐‐Construction Contracts (DEC 2007) 52.228‐2 Additional Bond Security (OCT 1997) 52.228‐5 Insurance ‐ Work on a Government Installation (JAN 1997) 52.228‐11 Pledges of Assets (JAN 2012) 52.228‐14 Irrevocable Letter of Credit (DEC 1999) 52.232‐5 Payments under Fixed‐Price Construction Contracts (SEP 2002) 52.232‐18 Availability of Funds (APR 1984) 52.232‐23 Assignment of Claims (JAN 1986) 52.232‐27 Prompt payment for construction contracts (JUL 2013) 52.232‐33 Payment by Electronic Funds Transfer ‐ System for Award Management (JUL 2013) 52.233‐1 Disputes (JUL 2002) 52.233‐4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236‐2 Differing Site Conditions (APR 1984) 52.236‐3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236‐5 Material and Workmanship (APR 1984) 52.236‐6 Superintendence by the Contractor (APR 1984) 52.236‐7 Permits and Responsibilities (NOV 1991) 52.236‐8 Other Contracts (APR 1984) 52.236‐9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

Swan Creek – Storm Castle Snowmobile/ATV Trail

52.236‐10 Operations and Storage Areas (APR 1984) 52.236‐11 Use and Possession Prior to Completion (APR 1984) 52.236‐12 Cleaning Up (APR 1984) 52.236‐13 Accident Prevention (NOV 1991) 52.236‐17 Layout of Work (APR 1984) 52.236‐21 Specifications and Drawings for Construction (FEB 1997) 52.236‐26 Preconstruction Conference (FEB 1995) 52.243‐5 Changes and Changed Conditions (APR 1984) 52.245‐1 Government Property (APR 2012) 52.245‐9 Use and Charges (APR 2012) 52.246‐21 Warranty of Construction (MAR 1994) 52.249‐1 Termination for Convenience of the Government (Fixed‐Price) (Short Form) (APR 1984) 52.249‐10 Default (Fixed‐Price Construction) (APR 1984) 52.253‐1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232‐70 Reimbursement for Bond Premiums ‐ Fixed‐Price Construction Contracts (NOV 1996) 452.236‐71 Prohibition Against the Use of Lead‐Based Paint (NOV 1996) 452.236‐72 Use of Premises (NOV 1996) 452.236‐73 Archaeological or Historic Sites (FEB 1988) 452.236‐74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236‐76 Samples and Certificates (FEB 1988)

52.225‐9 Buy American Act ‐ Construction Materials (SEP 2010)

(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 section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the

Swan Creek – Storm Castle Snowmobile/ATV Trail 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 the Buy American Act (41 U.S.C. 10a‐10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: None

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act. (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 Act 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.

Swan Creek – Storm Castle Snowmobile/ATV Trail

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

Include other applicable supporting information.

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

52.225‐13 Restrictions on Certain Foreign Purchases (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

52.228‐13 Alternative Payment Protections (JUL 2000)

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

Swan Creek – Storm Castle Snowmobile/ATV Trail

A Payment Bond; or An Irrevocable Letter of Credit (ILC); or A Certificate of Deposit.

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

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

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

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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

52.233‐3 Protest after Award (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop‐work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either ‐

(1) Cancel the stop‐work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop‐work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if ‐

(1) The stop‐work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

Swan Creek – Storm Castle Snowmobile/ATV Trail

(c) If a stop‐work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop‐work order in arriving at the termination settlement.

(d) If a stop‐work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop‐work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

52.244‐6 Subcontracts for Commercial Items (JUL 2013)

(a) Definitions. As used in this clause‐

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.

110‐252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5), if the subcontract is funded under the Recovery Act.

(iii) 52.219‐8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for

Swan Creek – Storm Castle Snowmobile/ATV Trail construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222‐35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a));

(vi) 52.222‐36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C.

793).

(vii) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222‐40.

(viii) 52.222‐50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(ix) 52.225‐26, Contractors PerformingPrivate Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(x) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

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.

452.209‐71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alternate 1

(FEB 2012)

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

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

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted

Swan Creek – Storm Castle Snowmobile/ATV Trail or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

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

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

(End of Clause)

452.228‐70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashiers’ checks, or certified checks shall be drawn payable to:

USDA‐Forest Service.

(End of Provision)

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 for Responding 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 fighting fire). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243‐5.

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

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

J ‐ 1 Experience Questionnaire (pages 23‐24)

J ‐ 2 Wage Determination – Davis Bacon; General Decision Number MT130076 08/23/2013 MT76 (pages 25‐29)

J ‐ 3 a Special Project Specifications, Worklist Items – BASE ITEMS (Attached as separate documents;

2 pages)

J – 3b Special Project Specifications, Worklist Items – ADDITIONAL ITEMS (Attached as separate documents; 1 pages)

J ‐ 4 Project Plans/Drawings (Attached as a separate document; 14 pages)

J ‐ 5 Food Storage Special Order (Attached as a separate document; 4 pages)

J ‐ 6 SF‐1413 Statement and Acknowledgment (Attached as a separate document; 1 page)

Swan Creek – Storm Castle Snowmobile/ATV Trail

J – 1 EXPERIENCE QUESTIONNAIRE

1. CONTRACTOR NAME, ADDRESS, & TELEPHONE NUMBER:

2. BUSINESS TYPE

COMPANY

INDIVIDUAL

CORPORATION

CO-PARTNERSHIP

NON-PROFIT

ORGANIZATION

3. HOW MANY YEARS DOES YOUR BUSINESS HAVE IN THE LINE OF

WORK CONTEMPLATED BY THIS SOLICITATION?

4. HOW MANY YEARS…