AG-0398-S-15-0021_Full_Solicitation.pdf

AG-0398-S-15-0021 – RFQ

S. Fork Sixteenmile Creek AOP Culvert Bozeman Ranger District, Custer Gallatin National Forest

B - SUPPLIES OR SERVICES AND PRICES/COSTS 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 - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

M - EVALUATION FACTORS FOR AWARD

B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

Custer Gallatin National Forest

Bozeman Ranger District

Gallatin County, Montana

B-1 SCHEDULE OF ITEMS

Base

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151-01

MOBILIZATION

LSQ

Lump

Sum 1 $ $

15201

CONSTRUCTION SURVEY AND

STAKING

Sum

157-13

SOIL EROSION CONTROL

Sum

201-01

CLEARING AND GRUBBING

Sum

622-01

RENTAL EQUIPMENT AQ HR 8 $ $

623-01

GENERAL LABOR

AQ HR 8 $ $

ROAD 6981 CULVERT

204-1

EXCAVATION – ROAD 6981

CULVERT

DQ CY 1040 $ $

204-3

EMBANKMENT – ROAD 6981

DQ CY 673 $ $

209-01

STRUCTURE BACKFILL – ROAD

6981 CULVERT

DQ CY 288 $ $

209-03

BEDDING – ROAD 6981 CULVERT

DQ CY 17 $ $

209-05

FOUNDATION FILL – ROAD 6981

AQ CY 10 $ $

251-01

CLASS 4 RIPRAP ON UPSTREAM

(INLET) EMBANKMENT – ROAD

DQ CY 15 $ $

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

6981 CULVERT

251-03

CLASS 4 RIPRAP INSIDE

CULVERT – ROAD 6981

DQ CY 32 $ $

251-05

CLASS 5 RIPRAP IN GRADE

CONTROL – ROAD 6981

DQ CY 29 $ $

251-07

WEIR BOULDERS – ROAD 6981

AQ EACH 56 $ $

251-09

SALVAGED STREAMBED

MATERIAL – ROAD 6981

DQ CY 19 $ $

301-01

SURFACE COURSE AGGREGATE

– ROAD 6981 CULVERT

DQ CY 40 $ $

602-01

96” X 60’ ROUND CULVERT

(12 Gauge) – ROAD 6981 CULVERT

LSQ

Lump

Sum 1 $ $

602-01

CONSTRUCTED STREAMBANK

(includes all materials and installation) – ROAD 6981

CULVERT

AQ LF 50 $ $

ROAD 6982 CULVERT

204-02

EXCAVATION – ROAD 6982

DQ CY 1489 $ $

204-04

EMBANKMENT – ROAD 6982

DQ CY 1064 $ $

209-02

STRUCTURE BACKFILL – ROAD

6982 CULVERT

DQ CY 345 $ $

209-04

BEDDING – ROAD 6982 CULVERT

DQ CY 19 $ $

209-06

FOUNDATION FILL – ROAD 6982

AQ CY 10 $ $

251-02

CLASS 4 RIPRAP ON UPSTREAM

EMBANKMENT – ROAD 6982

DQ CY 15 $ $

251-04

CLASS 4 RIPRAP INSIDE

CULVERT – ROAD 6982

DQ CY 37 $ $

251-06

CLASS 5 RIPRAP IN GRADE

CONTROL – ROAD 6982

DQ CY 29 $ $

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

251-08

WEIR BOULDERS – ROAD 6982

AQ EACH 70 $ $

251-10

SALVAGED STREAMBED

MATERIAL – ROAD 6982

DQ CY 22 $ $

301-02

SURFACE COURSE AGGREGATE

– LEFT FORK CULVERT

DQ CY 40 $ $

602-02

96” X 72’ ROUND CULVERT

(12 Gauge) – ROAD 6982 CULVERT

LSQ

Lump

Sum

TOTAL BASE PRICE $ _

Additive #1

301-03

BASE COURSE AGGREGATE

1 ½ INCH GRADING C – 4 INCH

COMPACTED

ROADS 6980,6981,6982

DQ CY 780 $ $

TOTAL ADDIVITVE #1 PRICE $ _

TOTAL BID PRICE (BASE + ADDITIVE #1) $ _

B-2 – Notes to Quoter:

B-2.1. Quoter must quote on all items. Only quotes to the nearest cent will be accepted.

B-2.2. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151

Mobilization.

B-2.3. DQ = Design Quantity. “Design quantity” is a Forest Service method of measurement from the FS-96

Forest Service Specifications for the Construction of Roads and Bridges. Under the FP-03 project specifications utilized in this contract this term is replaced by the term “Contract

Quantity” (FSSS Section 101.04 Definitions). These quantities are based upon the original design data available prior to advertising the project. Contract quantities will be adjusted only when there are errors in the original design of 15% or more (FSSS Section 109.02

Measurement Terms and Definitions). Work is measured in accordance with Section 109 and

FSSS Section 109.

AQ = Actual Quantity. “Actual quantity” is determined from measurement of the completed work measured in accordance with Section 109 and FSSS Section 109.

LSQ = Lump Sum Quantity. “Lump Sum Quantity” denotes one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

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 Dale White, Forest Hydrologist, Custer Gallatin National Forest at 406-587-6752 or dalewhite@fs.fed.us.

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 24 of 39) 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

(a) - Scope of Contract. Furnish all labor, materials, equipment, supervision, and transportation necessary to complete the South Fork Sixteenmile Creek AOP Culverts work as shown and specified.

(b) - Project Location. The project is located approximately 22 miles north of Bozeman, MT on the Custer

Gallatin National Forest. The culvert sites are shown on the Plans. Road access to the sites is seasonally limited.

(c) – Site Access for Potential Bidders. Roads 6981 and 6982 are generally closed to public motorized use between December 2 nd and June 15 th . Contact Bozeman Ranger District at 406-522-2520 regarding seasonal road closure dates.

The project sites are accessed in the following manner:

Road 6981 Culvert site: Take Hwy 86 north from Bozeman through the Bridger Mountains. Exit Hwy 86 and proceed west on Flathead Creek Road to junction with Forest Road #6981. Public access to Road #6981 is seasonally closed at this location. Proceed approximately 2.25 miles on Forest Road 6981 to project site shown on the Cover sheet of the Plans.

Road 6982 Culvert site: Take Hwy 86 north from Bozeman through the Bridger Mountains. Exit Hwy 86 and proceed west on Flathead Creek Road to junction with Forest Road 6980. Public access to Road #6980 is seasonally closed at this location. Proceed approximately 1.1 mile on Forest Road 6980 to its junction with Forest

Road 6982. Proceed approximately 0.25 miles on Forest Road 6982 to project site shown on the Cover sheet of the Plans.

(d) - Forest Service Contact. Parties with questions may contact Dale White, telephone 406-587-6752.

(e) – Pre-Quote Site Tour. A formal site visit will NOT be held for this solicitation. Vendors are highly encouraged to visit the site prior to submitting a quotation.

C-2 - GENERAL SPECIFICATIONS

(a) – Contractors Responsibilities. The Contractor shall comply with all applicable laws, ordinances, safety codes, regulations, orders and decrees. The Contractor shall be responsible for all damages to persons or property that occur as a result of the actions of the Contractor, all subcontractors, and all employees of the Contractor or subcontractors.

(b) – Stream Alteration Permits. The Forest Service will obtain the state and federal stream alteration permits required for the work. The Contractor shall comply with all requirements of these permits.

(c) – Traffic Control and Safety. Traffic control and site safety shall be the sole responsibility of Contractor.

Adequate signs, barricades, cones, and other methods or devices shall be utilized in accordance with the MUTCD.

The Contractor will be issued a key to the local road gate for the duration of construction activities. The

Contractor shall be responsible for keeping the gate closed and locked at all times during the approved road closure period in order to prevent public access to the roads during that time.

(d) – Submittals. Submit manufacturer’s literature and/or material testing results for all materials used in the work. It shall be the Contractor's responsibility to submit all items with such promptness as to cause no delay in the work. C.O.’s written approval must be obtained before starting work which involves the item. The Contractor shall allow 7 calendar days for processing of submittals by the C.O. (with the exception of the Dewatering and

Sediment Control Plan submittal). The Contractor shall allow 14 calendar days for review of the Dewatering and

Erosion Control Plan.

(e) - Noxious Weed Control. In order to reduce the potential spread of noxious weeds onto National Forest

System lands, the contractor will be required to clean all construction equipment that may operate off existing roads prior to the equipment entering the National Forest boundary, in accordance with Section 151. The cleaning shall remove all dirt and plant parts that may carry noxious weed seeds inside the National Forest boundary.

All materials brought from off-Forest shall originate from weed-free sources in accordance with Subsection

105.02(b).

(f)– Protection of Resources. The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the C.O., and shall not deposit rocks, excavated materials, or other debris outside of these limits. Mechanized equipment shall be operated in the creek only in areas that are completely dewatered in accordance with Section 157.

Comply with Section 107 and all Montana Department of Natural Resources & Conservation (DNRC) regulations, including Forest Fire Regulations established by the DNRC Division of Forestry.

The work locations do not coincide with any known archeological or historic sites. If a previously unidentified archeological or historic site is encountered, the Contractor shall immediately discontinue work in the general area of the site and notify the C.O. immediately.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. In accordance with Section 107 report, document, and clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

(g)– Utilities. There are no known overhead or buried utilities near the work site. The Contractor shall be solely responsible for damage to water or utility lines resulting from his actions or those of his employees or subcontractors.

(h)– Erosion and Sediment Control. Prior to the start of construction, obtain C.O. approval of a written

Dewatering and Erosion Control Plan prepared in accordance with Section 157. Do not begin work until the necessary controls for that particular phase of work have been implemented.

(i)– Food Storage. 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, 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.

(j)– Storage and Stockpiling of Equipment and Materials. Comply with Section 105. The Contractor will be allowed to store materials at the project site only at C.O. approved locations. The Contractor shall be solely responsible for the loss of or damage to materials stored on Forest Service lands or elsewhere.

(k)– Disposal of Waste Materials. Unsuitable or excess excavated material shall be disposed of in accordance with Section 209. Trees and brush shall be disposed of in accordance with Section 201. Other project waste materials shall be removed from the Government lands and disposed of legally.

(l)– Cleanup. Maintain the project work areas in a clean and orderly condition throughout the progress of work under this contract. Upon completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Forest Service. Upon completing the work, the Contractor shall leave the work areas in a clean, neat, and orderly condition satisfactory to the C.O.

(m)– Government Provided Material Sources. There are no government provided materials.

(n)– Use of Government Facilities. The Contractor, subcontractors, and Contractor’s employees may camp at designated sites on National Forest Lands while completing the contracted work but must first obtain written authorization from the Bozeman District Ranger. All conditions and requirements contained in such an authorization shall be met. Obtain authorization at least 10 days prior to camping.

C-3 - STANDARD SPECIFICATIONS

Materials and construction of the structure shall be in accordance with the Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S. customary units). These specifications can be found at http://www.wfl.fha.dot.gov/design/specs/.

C-4 - SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are attached:

Number Description

- Preface

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

104 Control of Work

105 Control of Material

106 Acceptance of Work

107 Legal Relations and Responsibility to the Public

108 Prosecution and Progress

109 Measurement and Payment

151 Mobilization

152 Construction Survey and Staking

155 Schedules for Construction Contracts

156 Public Traffic

157 Soil Erosion Control

201 Clearing and Grubbing

203 Removal of Structures and Obstructions

204 Excavation and Embankment

209 Structure Excavation and Backfill

251 Riprap

301 Untreated Aggregate Courses

602 Culverts and Drains

622 Rental Equipment

623 General Labor

703 Aggregate

705 Rock

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.

BIOBASED PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008

(FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the

Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and

Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and

Transportation Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and

Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

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

The following is a list of categories for biopreffered products that are required for performance of this construction contract:

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products)

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

http://www.biopreferred.gov http://www.biopreferred.gov/

D - PACKAGING AND MARKING

{For this solicitation there are NO Clauses.}

E - INSPECTION AND ACCEPTANCE

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (APR 1996)

F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I

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 August 30, 2016.* The time stated for completion shall include final cleanup of the premises.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

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

July 1, 2016. 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.

Note: A Notice to Proceed shall be issued during the fall/winter months for vendor to obtain the necessary project supplies.

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 after the date of contract award. The conference will be held at a location TBD by the COR.

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 - EMERGENCY RESPONSE

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

4.

(End of clause)

H-5 -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.

H-6 USE OF PREMISES.

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.

I - CONTRACT CLAUSES

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

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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)

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

52.222-3 Convict Labor. (JUN 2003)

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

52.222-7 Withholding of Funds. (MAY 2014)

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

52.222-9 Apprentices and Trainees. (JUL 2005)

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

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

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

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

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

52.222-15 Certification of Eligibility. (MAY 2014)

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

52.222-26 Equal Opportunity. (MAR 2007)

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

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

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

2013)

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

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

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

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

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

52.232-23 Assignment of Claims. (MAY 2014)

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

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

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

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

52.236-2 Differing Site Conditions. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

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

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

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

1984)

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

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

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-16 Quantity Surveys. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

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

52.236-26 Preconstruction Conference. (FEB 1995)

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

52.244-6 Subcontracts for Commercial Items. (OCT 2014)

52.245-1 Government Property. (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)

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)

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.

52.228-13 Alternative Payment Protections. (JUL 2000)

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

SF-25A, Payment Bond

Irrevocable Letter of Credit (Portion of SF-25A must be completed when using ILC)

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.

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.

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/

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 http://farsite.hill.af.mil/ included in the contract price.

J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J1: Davis-Bacon Wage Determination, General Decision No. MT10080, dated 01/09/2015, MT80

J2: Experience Questionnaire

J3: Signed Project Cover Sheet (separate attachment)

J4: S. Fork Sixteenmile Crrek AOP Culverts Plans (separate attachment)

J5: Special Project Specifications (separate attachment)

K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.223-1 Biobased Product Certification. (MAY 2012)

52.204-8 Annual Representations and Certifications. (NOV 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and 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 solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

(Contracting Officer check as appropriate.)

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

[] (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.

(End of provision)

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…