AG-03H6-S-13-0003_Warm_Springs.pdf

AG-03H6-S-13-0003

Warm Springs Creek Phase 1 Reclamation Project

Table of Contents

Part I -- The Schedule Pg.

B: Supplies or services and prices/costs 2 C: Description/specifications/statement of work 4 D: Packaging and marking 5 E: Inspection and acceptance 5 F: Deliveries or performance 6 G: Contract administration data 7 H: Special contract requirements 9

Part II -- Contract Clauses

I: Contract clauses 10

Part III -- List of Documents, Exhibits, and Other Attachments

J: List of attachments 20

Part IV -- Representations and Instructions

K: Representations, certifications, and other statements of offerors or respondents 20 L: Instructions, conditions, and notices to offerors or respondents 28 M: Evaluation factors for award 36

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Helena National Forest

Jefferson County, Montana

B-1 Schedule of Items

ITEM DESCRIPTION (Spec Section)

METHOD

OF

MEASURE

PAY

UNIT

EST

QTY

UNIT

PRICE TOTAL PRICE

1.1 Mobilization (151) LSQ

Lump Sum 1

2.1 Composite Road Construction

(204) LSQ

Lump Sum 1

2.2 Clearing and Grubbing (201) CQ Acre 11

2.3 Reconstruct Unnamed Tributary to Warm Springs Creek (204) CQ

Linear Foot 475

2.4 Straw Bales (157) AQ Each 30

2.5 Silt Fence (157) AQ

Linear Foot 1000

3.1 Excavate Repository, Screen and Stockpile Soil (204) CQ

Cubic Yard 19000

3.2 Drain Gravel Runout Apron (204) CQ

Linear Foot 1050

3.3 Geosynthetic Clay Liner (GCL)

(714) CQ

Square Yard 6700

3.4 Drainage Material with Filter Fabric (714) CQ

Square Yard 6700

3.5 Excavate and Install Curtain Drain

(204) CQ

Linear Foot 340

3.6 Place and Grade Backfill (204) CQ

Cubic Yard 6400

3.7 Placing Topsoil (624) CQ

Cubic Yard 1100

3.8 Ditch for Soil Erosion and Pollution Control (157) AQ

Linear Foot 950

3.9 Sediment Basin (157) AQ Each 2

3.10 Temporary Overwinter Erosion Control Measures (Silt Fence) (157) AQ

Linear Foot 600

3.11

Temporary Overwinter Erosion Control Measures (Straw Bales)

(157) AQ Each 20

B-1 Schedule of Items (cont)

ITEM DESCRIPTION (Spec Section)

METHOD

OF

MEASURE

PAY

UNIT

EST

QTY

UNIT

PRICE

TOTAL

PRICE

4.1 Excavate Tailing, Load, Haul and Place in Repository (204) AQ

Cubic Yard 32000

4.2

Excavate Tailings Impacted Topsoil Adjacent to Creek in T4 Area (204) CQ

Cubic Yard 100

4.3 Place and Grade Backfill (204) CQ

Cubic Yard 7000

5.1 Reconstruct Stream Channel in T3 Area (204) AQ

Linear Foot 530

5.2 Construct Boulder Drop Structures

(204) AQ Each 17

5.3 Provide and Install Coconut Fiber Logs (157) AQ

Linear Foot 1000

5.4 Regrade Tailings Removal Area

(204) CQ Acre 4

5.5 Furnishing and Placing Topsoil

(624) CQ

Cubic Yard 300

6.1 Treatment of Existing Road (211) LSQ

Lump Sum 1

6.2 Site Revegetation (625) CQ Acre 11

6.3 Dozer, Fully Operated (622) AQ Hour 30

6.4 Dump Truck, Fully Operated (622) AQ Hour 30

6.5 Excavator with Thumb, Fully Operated (622) AQ Hour 30

6.6 Grader, Fully Operated (622) AQ Hour 20

Total-

All Items

(pgs 2&3)

- Enter the Total in Block 17 of the Standard Form 1442.

- Must offer on all items in order to be considered for award.

- Reimbursement for bond premiums shall be made in accordance with Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, and shall be included under Item 1.1 (Mobilization).

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

SECTION C - Description/specifications/Statement of Work

C-1 - PROJECT DESCRIPTION AND LOCATION

Description of Work – Furnish all labor, materials, equipment, and supervision for completion of Phase 1 of a two-phase project including the removal of tailings along the Middle Fork of Warm Springs Creek, construction of a repository to accept the tailings, construction and upgrading of access roads, excavation and hauling of tailings to the repository, construction of the repository cap, reconstruction of the Middle Fork of Warm Springs Creek stream channel, placement of backfill and topsoil, placement of slash and erosion control, as well as, seeding and fertilizing of all disturbed areas.

Location - The Middle Fork of Warm Springs Creek is located in Jefferson County, approximately 6 miles southeast of Clancy, Montana. The tailings are located on National Forest System (NFS) Lands administered by the Helena National Forest Site elevation ranges from 5240 feet to 5400 feet.

The route to the site is: Exit Interstate 15 at exit 182 (Clancy), travel south on the frontage road to Warm Springs Creek Road and then on Warm Springs Creek Road (FDR 226) to FDR 4016, and then traveling along FDR 4016 approximately 1.5 miles. An unimproved road on the right goes through the lower tailings area and ends at the base of tailings dam 3. Immediately above the creek crossing, two roads leave to the right. The upper road goes to the adit and the lower road goes to the south side of the tailings.

C-2 - ESTIMATED MAGNITUDE Between $500,000 and $1,000,000.

C-3 - PROJECT SPECIFICATIONS Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units is included in this solicitation and any resultant contract and are incorporated by reference. These are also called Standard Specifications. This publication is available for purchase from the Superintendent of Documents, US Government Printing Office (GPO), Washington, DC 20402 (202-512-1800). The GPO publication number is FHWA-FLH-03-002. It may also be accessed electronically at the following website address:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

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/farsite.html

(End of clause)

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work.

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 September 2014. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work. (APR 1984)

SECTION G - Contract Administration Data

G-1 - SUBMITTALS

(a) Health and Safety Plan Site work will require the handling of mine waste containing metals that are listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C.

9601 and 9602. Arsenic and lead present the greatest threat to human health at the site. The highest metals concentrations found during the site investigation are shown on the following table:

Arsenic Cadmium Copper Lead Zinc

Maximum Concentration (mg/kg)

7590 26.6 427 2350 3990

The Contractor shall submit a Health and Safety Plan to the CO prior to commencement of work.

Minimum information to be included in the safety plan are:

1) Proposed Equipment

2) Proposed Communication System

3) Proposed Personal Protective Equipment

4) First Aid Station

5) Emergency Field Evacuation Measures

All employees working on the site are required to have completed OSHA 40-hour Hazardous Waste Operations Training (HAZWOPER). The Contractor shall provide written documentation that all employees working on the site have completed and are current with the HAZWOPER training required under 29 CFR 1910.120.

(b) Traffic Control Plan.

Work activities on this project will require use of roads open to the public. Prior to any construction, the Contractor shall prepare and submit a detailed traffic control plan for approval by CO. The plan shall include, at a minimum, the following:

• Locations of all sign, markers, barricades, and other traffic control devices to be used.

• Specifications for sign, markers, and barricades including references to Manual of Uniform Traffic Control Devices.

• Locations for flag-persons where used, along with anticipated dates and hours of use.

• Routing of any detours required.

• Means for communicating between flaggers if necessary.

In addition, all unattended vehicles and equipment shall be parked off Forest roads so that roads are passable at all times.

The traffic control plan shall include work to meet the requirements of FP-03 subsection 156.04. This includes maintaining the roadway, dust control, removing accumulated soil, and maintaining intersections.

(c) Vehicle Decontamination Plan.

The Contractor shall prepare and submit a Vehicle Decontamination Plan before work commences. The plan shall include at a minimum:

1) Method(s) of decontaminating vehicles.

2) Location of decontamination areas

3) Decontamination method(s) for the mine access roads.

The Vehicle Decontamination Plan shall be subject to review and approval, in writing, by the CO. No work may commence until approvals of the decontamination plan have been secured.

(d) Erosion Control Plan.

The Contractor shall submit an Erosion Control Plan for the construction activities associated with this project. The plan shall be written in accordance with the Montana Department of Environmental Quality Best Management Practices Field Guide, and the U.S. Environmental Protection Agency’s Developing

Your Stormwater Pollution Prevention Plan – A Guide for Construction Sites and related publications.

The submitted plan is expected to be specific to the project sites and shall detail locations and types of best management practices that will be used during construction.

(e) Quality Control Plan All subsections of Section 153 – Contractor Quality Control are applicable.

(f) Stream Reconstruction Plan For the Middle Fork of Warm Springs Creek and the unnamed tributary that enters the creek from the south above tailings dam 3. The plan shall include erosion control measures taken to ensure minimal impacts to the creek occur during removal and construction. This plan shall also include the stream diversion in the T2/T3 interface area and a discussion of potential dewatering or diversion plans to be used during reconstruction of the Middle Fork of Warm Springs Creek or the unnamed tributary.

(g) Other Submittals

Item No. Submittal

3.3 1. Manufacturer’s specifications for GCL which includes properties contained in Tables

1 and 2.

2. GCL panel layout plan.

3. Upper waste lift surface acceptance (the Contractor shall notify the CO at least 24 hours in advance for written approval and acceptance of the surface of the uppermost lift of waste in the repository), for the area that will be covered directly by the GCL.

4. Submit test results showing that each lift meets compaction requirements of 90% of maximum dry density.

3.7 Certification of compost to be added to topsoil mixture

2.4, 3.11 Certification of weed free straw

5.1 Stream flow diversion plan

6.2 Submit certification to the CO that the seed meets the requirements of Section 713.04 of the standard specifications

G-2 - GOVERNMENT FURNISHED PROPERTY

The Government will furnish temporary soil storage and sorting area as shown on the Drawings. The Government will also supply all seeds for the re-vegetation of the site.

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: TBD.

SECTION H - Special Contract Requirements

H-1 – NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds, the Contractor is required to furnish weed-free equipment. The Contractor’s equipment shall be cleaned to remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in the Contractor shall make equipment available to Forest

Service inspection at an agreed location.

H-2 – MAINTENANCE OF ROADS

The Contractor shall periodically water and blade all access roads and Forest Roads between the Tailings Site and the Repository for maintenance and dust suppression. Road maintenance shall be conducted in such a manner to facilitate vehicular traffic and minimize excessive construction disturbance to roads.

H-3 – RESTORATION BY CONTRACTOR

All areas disturbed by the Contractor’s operations such as, but not limited to, access roads, staging areas, haul roads, loading operations, and disposal operations, shall be restored by grading to the original contours, seeded, fertilized, and mulched. Slash shall be scattered over all disturbed areas after seeding, fertilizing and mulching. During the course of the work, the Contractor shall periodically, or as directed by the Contracting Officer (CO), remove and dispose of all surplus construction materials and debris and keep the project area and public right-of-way reasonably clean. Upon completion of the work, the Contractor shall remove all temporary construction facilities, debris, and unused materials, leaving the project sites in a neat and clean condition. All debris shall be disposed off-site in a state licensed landfill.

H-4 – CAMPING

Camping in the immediate project area is allowed only under written authorization of the District Ranger. If authorized to camp, Contractor shall maintain a clean and orderly camp at all times to the satisfaction of the COR. No electrical or sanitary facilities are provided by the Government. All camping shall be self-contained, including sanitary facilities. Before camping, the Contractor shall obtain a District Camping Permit from the Helena Ranger District through 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. Contractor is to bring a proposed campsite location to the pre-work for review and approval and prior to camping. 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.

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.

SECTION I - Contract Clauses

52.202-1 Definitions. (JAN 2012)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN

1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.215-8 Order of Precedence- Uniform Contract Format. (OCT 1997)

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

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012)

(a) Definitions. As used in this clause -

"Long-term contract" means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts -

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA 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-03H6-C-13-______.

Contractor signature:

Date:

Name:

Title:

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (JUN 2010)

52.222-9 Apprentices and Trainees. (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

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

52.222-15 Certification of Eligibility. (FEB 1988)

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

52.222-26 Equal Opportunity. (MAR 2007)

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

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

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

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

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

(JUL 2012)

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

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

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

“None”

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph

(d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

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

Include other applicable supporting information.

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

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

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

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

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $200,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-5 Insurance -- Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets. (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

(a) Definitions. As used in this clause --

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-17 Interest. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

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)

52.236-15 Schedules for Construction Contracts. (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)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

52.246-21 Warranty of Construction. (MAR 1994)

52.248-3 Value Engineering - Construction. (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price). Alternate I (APR 2012)

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

52.253-1 Computer Generated Forms. (JAN 1991)

452.209– 70 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate

Applicants. Alternate 1 (FEB 2012).

452.228-70 Alternative Forms of Security. (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA-Forest Service.

(End of Provision)

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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

452.236-72 Use of Premises. (NOV 1996)

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

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

452.236-76 Samples and Certificates. (FEB 1988)

SECTION J - List of Documents, Exhibits, and Other Attachments

The following are attached as separate documents:

J-1- Drawings: Warm Springs Drawings.pdf J-2- Cover Sheet: Signed Cover Sheet.pdf J-3- Specifications: Warm Spring Special Project Specifications.pdf J-4- Davis Bacon Wage Determination: General Decision Number MT130076.pdf J-5- Experience Questionnaire: Experience Questioninaire.docx

J-6- Bid Bond, Standard Form 24: SF24 Bid Bond.pdf J-7- Logs: Boring and Test Pit Logs.pdf J-8- Repository Logs: Repository Area Bore Holes and Drill Logs.pdf J-9- Drain Install: Eljen Interceptor Drain Install Instructions.pdf

SECTION K - Reps, Certifications, & 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/farsite.html

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (SEP 2007)

52.204-8 Annual Representations and Certifications. (DEC 2012)

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

(2) The small business size standard is $33.5 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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 ORCA are applicable to this solicitation as indicated:

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(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 Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade…