AG0398S170006RequestForQuote.pdf

AG-0398-S-17-0006

2017 MDH Trail Wannagan Restoration

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

Request For Quote

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

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

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

2017 MDH TRAIL WANNAGAN RESTORATION

USDA – FOREST SERVICE – REGION ONE

MEDORA RANGER DISTRICT

DAKOTA PRAIRIE GRASSLANDS

BILLINGS and GOLDEN VALLEY COUNTIES

NORTH DAKOTA

B-1 SCHEDULE OF ITEMS

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

951 Mobilization LSQ LS 1 $ $

915 Existing Trail Restoration CQ LF 31,000 $ $

622 Equipment Rental AQ H 30 $ $

TOTAL PRICE: $

Designated Method of Measurement:

Actual Quantities. – AQ

Lump Sum Quantities. - LSQ

Contract Quantities. – CQ

Lump Sum – LS

Linear Foot - LF

Hour - H

Special Notes:

1. If applicable payment for bond premiums in accordance with FAR 52.232-5. Payments under Fixed-

Price Construction Contracts shall not be in addition to the contract price but can be included under

Mobilization.

2. The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. The suffixes pertain only to sizes, classes, and/or types indicated in the item

‘Descriptions,’ and are used by the Government for computer tabulation of bid schedules. For the abbreviations in the schedule descriptions, see Special Project Specification, SPS 101 (07/07/1997).

3. One contract will be awarded to the responsive and responsible quoter offering the best value to the

Government (see Section M – Evaluation Factors for Award).

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

5. Offorers must submit pricing on all items to be considered responsive. Must quote on all items. Round to the nearest cent.

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

Price quotation furnished by:

Name Phone ( )

Address FAX ( )

E-mail

DUNS # ______________________________________

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work - The contract consists of restoring an estimated 31,000 feet of the

MDH trail as shown on the map. This contract requires furnishing labor, equipment (fully operated), supervision, transportation, operating supplies and incidentals to complete this project in accordance with the Plans, Drawings, Specifications, and Special Project

Provisions of this contract.

(b) Project Location - MDH Wannagan Trail Restoration is located on the Medora Ranger

District of the Little Missouri National Grassland in Billings and Golden Valley counties

North Dakota. See attached maps.

(c) Construction Magnitude - $25,000 to $100,000

(d) Pre-Quote Tour - There will not be a pre quote tour of this project. Interested parties may contact Russ Walsh at the Medora Ranger District at 701-227-7836 for directions to view the project site on their own.

(e) Estimated Start Date - It is anticipated that work can begin on April 17, 2017.

(f) Period of Performance - Work shall be completed by July 31, 2017.

(g) Government-Furnished Property (GFP) – None

(h) Submittals – None

(i) Permits - The contractor is responsible for all necessary permits including One Call 1-800-

795-0555 before you dig. The contractor must obtain an off Highway Vehicle (OHV) permit from the Medora Ranger District to travel on National Forest System Lands. The

OHV permit does not grant access to Private Lands.

C- 2 - SPECIFICATIONS

a. Pollution and Erosion Control. Throughout the work performance period, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the Contracting Officer's Representative (COR).During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

b. Noxious Weed Control. In order to prevent the potential spread of noxious weeds, the Contractor will be required to furnish proof of weed-free equipment. Cleaned equipment shall be free of all dirt and plant parts/materials that may carry noxious weed seeds into the construction area. Any/all subsequent move-ins of equipment after the initial move-in, shall be treated the same as the initial move-in. Before transporting equipment/materials onto National Forest Lands, the Contractor will notify the COR and coordinate an equipment inspection at an agreed to location.

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

SPECIAL PROJECT SPECIFICATIONS

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

Section No. Description

906 Measurement and Payment

915 Existing Trail Restoration

951 Mobilization

622 Rental Equipment

PROJECT DRAWINGS

The following Project Drawings are applicable to this contract and are included in this section

Sheet No. Description

10 Trail Structure Terms

11 Typical Trail Section – Trail Excavation

12 Existing Trail Restoration

13 Switchback

14 Earth Water Bar

Section 906 – Measurement & Payment

906.01 General. Measurement and payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment of the pay items in the Schedule of Items. Work measured and paid for under one pay item will not be paid for under any other pay item.

906.02 Determination of Quantities. The following measurements and calculations are used to determine contract quantities for payment.

For items that are measured by the linear foot, station, or mile measurements will be made along the centerline and parallel to the specified grade or foundation, unless otherwise Shown on the

Drawings.

906.03 Units of Measurement. Payment will be by units defined and determined according to U.S.

standard measure and by the following.

(A) Lump Sum (LS) The quantities that denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

(B) Linear Foot (LF) Measurement of 12 inches along a reference line.

(C) Mile 5,280 Linear feet along a reference line.

(D) Cubic Yard (CY) The measurement computed by the average end area method from measurements made longitudinally along a centerline or reference line.

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

(E) Each (EA) One complete unit which may consist of one or more parts. The quantity is the actual number or units completed and accepted.

(F) Hour (H) Measurements will be for the actual number of hours performed by the contractor.

906.04 Methods of Measurement. One of the following methods of measurement for determining payment is Designated on the Schedule of Items for each Pay Item.

(A) Actual Quantities. (AQ) these quantities are determined from measurements of completed work.

(B) Lump Sum Quantities. (LSQ) these quantities denote one complete unit of work as required by or described in the contract, including necessary material, equipment, and labor to complete the job.

(C) Contract Quantities. (CQ) These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations and drawings. Changes in the number of units Designated in the Schedule of Items maybe authorized under the following:

1. As a result of changes in the work approved by the CO.

2. As a result of the CO determining that errors exist in the original design that cause a Pay Item quantity to change by 15 percent or more.

3. As a result of the contractor submitting to the CO a written request showing evidence of errors in the original design that cause a Pay Item quantity to change by 15 percent or more.

The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

Section 915-Existing Trail Restoration

Description

915.01 Work

Work consists of restoring the original trail template, including, removing slough and berm, borrow, filling ruts and troughs, reshaping back slopes and switchbacks, excavation, reshaping trail tread, restoring drainage and other trail structures, constructing water bars, and removing protruding rocks, roots, stumps, slough.

915.04 Excavation and Embankment.

This work consists of the excavation and placement of excavated material, regardless of its nature, from within the trail way. Remove all duff, debris, stumps and excavation from within trail bed limits and uniformly spread 4 feet outside the trail way limits, on the downslope, not more than 2 inches in depth. Do not obstruct drainage or create piles, berms, or windrows of debris. Remove stumps located between the edge of the trail bed and the edge of the trail way that the contractor cannot cut flush with the finished slope or that are not tightly rooted. Compact embankments or fill with suitable material free of excess moisture, frozen lumps, roots, sod or other deleterious material with maximum particle size of 2”. Compact all disturbed soil within the trail bed area.

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

915.05 Rock and Root Removal.

Uniformly scatter the removed rocks and roots below the trail way and distribute to ensure no blockage of watercourses or creation of a windrow. Fill holes with suitable material and compact.

915.06 Slough and Berm

Use suitable slough material within the trail way to restore the trail bed as SHOWN ON THE DRAWING

(915-1). Place all unsuitable and excess material beyond the down slope edge of the trail bed and uniformly spread to a depth not exceeding 2" so as not to obstruct drainage or interfere with the drainage of out sloped tread. Remove berm when daylight can be obtained within a distance of 5 feet from the out slope edge of finished tread unless otherwise DESIGNATED ON THE GROUND.

915.07 Fill Material and Borrow.

Use suitable material to fill ruts, troughs, and potholes in the tread that cannot be leveled and out sloped through performance of work.

915.08 Switchbacks.

This work consists of restoration of switchbacks including excavation, ditches and approach sections at locations SHOWN ON THE MAP or DESIGNATED ON THE GROUND.

915.09 Water bars.

This work consists of installing and maintaining water bars, including excavation, backfill and compaction.

Install water bars of the types and at the locations SHOWN ON THE PLANS or as DESIGNATED ON

THE GROUND.

915.10 Reshaping and Finishing Trail bed and Back slopes.

Provide a firm and uniformly finished trail bed in accordance with cross-sections SHOWN ON THE

DRAWINGS. Provide a uniform and roughened surface on disturbed back slopes in accordance with cross sections as SHOWN ON THE DRAWINGS. Cut all roots flush.

Measurement

915.11 Method. Measure the quantities in accordance with Section 906. Quantities for switchbacks and water bars are estimates and are provided for information only. Contractor to perform actual quantity calculations for bidding and performing the work as shown.

Payment

915.12 Basis. Pay for the accepted quantities in accordance with Section 906 at the contract unit price for each PAY ITEM SHOWN IN THE SCHEDULE OF ITEMS. All items listed in 915.01

Work are considered incidental to this pay item.

Make payment under:

PAY ITEM PAY UNIT

915(01) Trail Restoration............................................................ L.F.

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

Section 951 – Mobilization

951.01 Work. This work consists of moving personnel, equipment, material and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the costs associated with obtaining permits, insurance, and bonds. Mobilization is not intended to pay the costs of materials before they are used on the project site. Work also includes cleaning of all equipment used at the project site. Clean all construction equipment prior to entry on the project site. Remove all dirt, plant parts and material that may carry noxious weed seeds into the area. Only construction equipment inspected by the Forest Service will be allowed to operate within the project area. Treat subsequent move-ins of equipment the same as the initial move-in. Clean truck beds and dump boxes hauling to the project site prior to entering the work area.

951.02 Basis. Pay for the accepted work at the contract unit price for the PAY ITEM SHOWN IN THE

SCHEDULE OF ITEMS.

(a) Reimburse for bond premiums before issuing the Notice to Proceed if evidence of payment is received.

(b) When 5 percent or more of the original contract amount is earned from other PAY ITEMS, pay mobilization at the rate of 50 percent, or up to 5 percent of the original contract amount, whichever is less.

(c) When 10 percent or more of the original contract amount is earned from other PAY ITEMS, pay mobilization at the rate of 100 percent, or up to 10 percent of the original contract amount, whichever is less.

(d) Pay any unpaid amount for mobilization upon final acceptance of all work items.

Make payment under:

PAY ITEM PAY UNIT

951 Mobilization …………………………………………………………..LS

Section 622 – Rental Equipment

622.01

This work consists of furnishing and operating equipment for construction work ordered by the CO and not otherwise provided for under the contract.

Construction Requirements

622.02 Rental Equipment.

The CO will order in writing rental equipment for use on the project. Contractor shall make equipment available for inspection and approval before use. Contractor shall furnish and operate equipment with such

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota auxiliary attachments as are usually needed for efficient operation of the equipment. Keep the equipment in good repair. Operators shall be competent and experienced in the work.

622.03 Equipment Description

A mini excavator equipped with Roll over Protection and capable of a track width adjustment to 39”, outside-to-outside or less. 14 HP minimum rating. Minimum operating weight 3500lbs. Equipped with a front dozer blade and a back-hoe bucket at least 18” wide.

622.04 Acceptance

Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

Measurement

622.05 Measure the Section 622 items listed in the bid schedule according to the following.

An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the CO will constitute authorized work.

Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck or loading time of specified accessories shall not constitute “actual operation”. Hours of actual operation will be maintained by the CO. Moving of equipment, accessories, support equipment and personnel to and from the project shall be paid under

Section 951 Mobilization. Moving of equipment and specified accessories between job locations shall be at

Government expense. The CO shall determine the method of moving equipment. Moving of support equipment and personnel between job locations shall be at the Contractors’ expense.

622.07 Basis. The accepted quantities will be paid at the contract unit price of measurement for each pay item listed in the schedule of items.

Payment will be made under:

Pay Item Pay

Unit

622 Rental Equipment (Mini Excavator)……………………………………. Hour

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

DPG SPS

(11/14)

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

Back slope Ratio

Rock ½ : 1

Common 1 : 1

Fill slope Ratio 2:1

Trailbed 40"

1´

1´

Trail Typical Section

2 % Out slope

Wolf Trail # 8013

MDH II #7011

TRAIL EXCAVATION

5%

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

5 %

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

2’

1’

15%

1 15%

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

Earth Water bar

45°

1’ 1’

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

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

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK.

(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

Invoicing/Payments. All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding

Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at

IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the

Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

E - INSPECTION AND ACCEPTANCE

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (APR 1996) http://www.biopreferred.gov/

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than July 31, 2017. The time stated for completion shall include final cleanup of the premises.

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 with the successful contractor after the date of contract award.

H - SPECIAL CONTRACT REQUIREMENTS

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.

(End of clause)

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

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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

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

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

52.222-3 Convict Labor. (JUN 2003)

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

52.222-7 Withholding of Funds. (MAY 2014)

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

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)

52.246-21 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)

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)

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

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

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

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

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code

237990 assigned to contract number AG-________________.

(Contractor to sign and date and insert authorized signer's name and title).

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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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

(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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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.

J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J-1 Maps 7 Pages

J-2 Davis Bacon Wage No. ND170002 dated 01/13/2017 ND2 9 Pages

J-3 Experience Questionnaire 2 Pages

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

237990 -- Other Heavy and Civil Engineering Construction

(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:

[X] (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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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[]

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota

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)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All

- NAICS Code 237990 Other Heavy and Civil Engineering Construction

- Size Standard $36.5 Million

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

Return the following documents with your quote:

1. Signed SF-18 with any SF-30 Amendment acknowledgements (if applicable)

2. B - Schedule of Items

3. Pages 22 through 24 Certifications and Representation sheets (initialed and signed on page 22)

4. Experience Questionnaire OR a document demonstrating similar and recent (3 years) work in respect to the size and scope of this particular project

52.216-1 Type of Contract. (APR 1984) The Government contemplates award of a firm fixed price 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

1.3 %

Goals for Female Participation for Each Trade

6.9 %, Nationwide

These goals are applicable to all of 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.

(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

Dakota Prairie Grasslands, Medora Ranger District

Billings and Golden Valley Counties North Dakota 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…