AG-0398-S-16-0010_Full_Solicitation.pdf

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CUSTER GALLATIN NATIONAL FOREST - Hyalite Lake Loop Trail
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AG-0398-S-16-0010
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AG-0398-S-16-0010 – RFQ

Hyalite Lake Loop Trail Reconstruction/Construction Bozeman Ranger District, Custer Gallatin National Forest

SECTION B - SERVICES AND PRICES

HYALITE LAKE LOOP TRAIL RECONSTRUCTION/CONSTRUCITON

CUSTER GALLATIN NATIONAL FOREST

GALLATIN COUNTY, MONTANA

SCHEDULE OF ITEMS

BASE ITEMS

TOTAL BASE PRICE $ _

ADDITIVE BID ITEMS #1 (one mile of surfacing)

TOTAL ADDITIVE #1 PRICE $ _

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE*

PAY

UNIT*

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

911(02) Clearing & Grubbing CQ LF 22,750

912(01) Excavation CQ LF 22,750

912(12) Drain Dip AQ EA 16

921(01) c

18” Diameter Corrugated Pipe, type Galvanized Steel

AQ LF 72

951(01) Mobilization – Base LSQ LS 1

952(01) Sign Post Installation –

Government Furnished Posts

AQ EA 16

990(01) Equipment Rental – Hydraulic

Excavator with Thumb

AQ HR 16

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE*

PAY

UNIT*

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

941(02) a

Aggregate Surfacing, Grading

B, Compaction Method B

CY CY 242

951(01) a Mobilization – Additive #1 LSQ LS 1

ADDITIVE BID ITEMS #2 (one mile of surfacing)

TOTAL ADDITIVE #2 PRICE $ _

B-2 - NOTE: 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 951(01)

Mobilization.

B-3 - NOTE: Abbreviations used in Schedule of Items

* LSQ = Lump Sum Quantity ** LS = Lump Sum

* CQ = Contract Quantity ** CY = Cubic Yard

* AQ = Actual Quantity ** SY = Square Yard

** SF = Square Foot ** LF = Linear Foot

** EA = Each

B-4 - NOTE: The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. They 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.

B-5 - NOTE: The quoter shall quote all items. Please do not round up or down.

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 Jonathan Kempff, Forest Engineer, Custer Gallatin National Forest at 406-587-6732.

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 19 of 33) of this solicitation to understand what documents need to be returned with quotation.

ITEM

NO.

DESCRIPTION

METHOD

OF

MEASURE*

PAY

UNIT*

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

941(02) b

Aggregate Surfacing, Grading

B, Compaction Method B

CY CY 242

951(01) b Mobilization – Additive #2 LSQ LS 1 http://www.ipp.gov/

Price Quotation furnished by:

Name: _______________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) - Scope of Contract. Project involves reconstruction/construction of portions of the 4.6 mile trail around

Hyalite Reservoir. Work includes reconstruction of existing trail, construction of new routes, installation of culverts, drain dips, etc. The trail standard is 6’-wide aggregate surfacing with 12” unsurfaced shoulders.

(b) - Project Location. The project is located south of Bozeman, MT in the Hyalite Canyon. Follow South 19th street south of Bozeman for approximately 8 miles to the Hyalite Canyon Road. Follow the road for 9 miles to the project area.

C-2 - GENERAL SPECIFICATIONS

(a) – Hyalite Canyon Road #62 Spring Weight Restrictions. No vehicles over 10,000 GVW will be allowed on the Hyalite Canyon Road between November 30 and June 15 unless otherwise authorized by the CO and permitted in writing by the Bozeman District Ranger.

(b) – Hours of Operation. The Contractor shall restrict the use of construction equipment, hauling, deliveries, drilling, or blasting during weekends and holidays. Exceptions shall be authorized by the CO.

(c) - Existing Utilities. There are no known underground utilities at the project site outside of the immediate

Middle Creek Dam spillway area. The Contractor shall be responsible of identifying and protecting all utilities.

(d) - Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All 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 CO.

(e) - Noxious Weed Control. In order to prevent the potential spread of noxious weeds the Contractor shall clean equipment in accordance with Section 151.

(f) – Submittals. Submit two copies to the CO for approval on all construction materials and items required herein. Literature shall be marked or otherwise designated to indicate the exact model, size, etc., the Contractor proposes to use. Information shall be adequate to determine compliance with the specifications without additional research by the CO. One copy of approved submittals will be returned to Contractor. Submit all items with such promptness as to cause no delay in the work. Approvals must be obtained before starting work which involves the item. The Contractor shall allow 5 calendar days for processing of submittals by the Government.

(g) – Public use of facilities. The Traffic Control requirements are a part of Section 156.

(h) – Material Source operation and rehabilitation. Material Sources are a part of Section 105. Conduct operations so as to cause minimum impact on air quality, noise levels, and surrounding natural resources. Do not disturb vegetation or the ground surface outside of the limit of disturbance designated in the field by the CO. At the finish of operations, restore disturbed surfaces to pre-contract conditions.

(i) - Construction Staking. Staking is a part of Section 152.

(h)– Storage and Stockpiling of Equipment and Materials. Storage and stockpiling shall take place only within areas approved by the CO.

(j)– Maintenance of Clean Worksite Conditions. Maintain the project work area in a clean and orderly condition throughout the progress of work under this contract.

(k)– Work Done by Others. It is anticipated that work done by other contractors in the site during the same time period include:

1. Routine Trail and Facility Maintenance operations

The Contractor shall make reasonable accommodation for this other work. The Government will notify the

Contractor in advance when this work is planned to occur.

C-3 - STANDARD SPECIFICATIONS

Forest Service Standard Specifications for Construction and Maintenance of Trails (September 1996) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant Contract.

Copies of the “Standard Specifications for Construction and Maintenance of Trails” (Sept.1996), is available at the following website: http://www.fs.fed.us/r1/helena/contracting/esat_info.shtml

C-4 - SUPPLEMENTAL PROJECT SPECIFICATIONS

Supplemental Project Specifications are applicable to this contract and are included as a separate attachment.

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

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

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than September 30, 2016. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

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 date and time to be determined later.

H - SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY PLAN

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

H.2 CAMPING

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

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

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

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

H-3 below for Food Storage requirements.

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

Contractor.

H.3 FOOD STORAGE ORDER

(a) Within bear country there has been a special order on food storage and camping issued. It states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle.

Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

H.4 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

52.252-2 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/

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) http://farsite.hill.af.mil/

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

52.219-6 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. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

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

52.222-50 Combating Trafficking in Persons. (MAR 2015)

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

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

2013)

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)

52.236-3 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)

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)

52.242-14 Suspension of Work. (APR 1984)

52.243-4 Changes. (JUN 2007)

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

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

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). Alternative I (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.

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 therefore not included in the contract price.

J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J-1: Davis-Bacon Act, Wage Determination, Gen. Dec. MT160080, dated 01/08/2016, MT80

J-2: Experience Questionnaire

J-3: Standard Drawings (separate attachment)

J-4: Forest Service Special Project Specification (separate attachment)

J-5: Vicinity Map (separate attachment)

J-6: Forest Service Trail Specifications (separate attachment)

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

RESPONDENTS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

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

(End of provision)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-2 Prohibitions on Contracting with Inverted Domestic Corporations – Representations (NOV 2015)

52.223-1 Biobased Product Certification. (MAY 2012)

52.204-8 Annual Representations and Certifications. (Feb 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5 million (receipts in a three-year period).

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

500 employees.

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

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of

SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

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(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the 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.

(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) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 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.

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

(x) 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.

(xi) 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.

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

(xiii) 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.

(xiv) 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.

(xv) 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.

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

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

52.225-1.

(xviii) 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.

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(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 $77,533, the provision with its Alternate

II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its

Alternate III applies.

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

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxi) 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.

(xxii) 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 representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_x_ (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 website 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 # TITLE DATE CHANGE

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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)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the

Government will not enter into a contract with any corporation that--

(1) Has 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has 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) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

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

Contract line item(s): All

- NAICS Code 237990

- Size Standard $36.5 million (receipts in a three-year period)

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

L1. QUOTE SUBMITTAL

Contractors wishing to submit a quote must include the following:

o SF-18, Request for Quotation o Completed Schedule of Items (pages 1-3 of 33) o Completed Section K (pages 15-18 of 33) o Completed Experience Questionnaire (J-2)

Quotations can be electronically mailed to: dbangart@fs.fed.us

OR

Mailed to: Physical – 10 E Babcock, Bozeman, MT 59715

Mailing – P.O. Box 130, Bozeman, MT 59771

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

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a firm fixed priced contract resulting from this solicitation.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction. (FEB 1999)

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

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

3.3%

Goals for Female Participation for Each Trade

6.9% Nationwide

These goals are applicable to all the Contractor's construction work performed in the covered area. If the

Contractor performs construction work in a geographical area located outside of the covered area, the

Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

mailto:dbangart@fs.fed.us

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR

60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for

Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The

Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Gallatin County, Montana.

52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition

Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy…

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