AG-63PX-S-14-0017_ASPHALT_ _ROADWAY_SOLICITATION_BODY.pdf

SOL NO: AG-63PX-S-14-0017

UNIT: NRS - Princeton, WV PROJ NAME: Seal Asphalt & Roadways

Construction

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

Attachment A, Sustainable Assessment Attachment B, Relevant Past Performance

Attachment C, Experience Questionnaire Attachment D, Sample Biobased/Sustainable Plan Attachment E, Davis Bacon WD No. WV140018 05/23/2014

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

SECTION M--EVALUATION FACTORS FOR AWARD

PROJ NAME: Seal Asphalt &

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS Description of Requirement

Location: USDA Forest Service, Northern Research Station, Wood Education and Resource Center (WERC), Princeton, WV

A. The contractor shall provide all labor and equipment necessary to complete work as described in Section C.

B. Period of Performance: Anticipated Award Date is on or about August 8, 2014.

C. One contract will be awarded as a Best Value Tradeoff to the offeror whose technical and cost proposal is the most advantageous to the Government. Award may not necessarily be made to the offeror submitting the lowest price, or to the offeror with the highest technical score. The critical factor in making any cost/technical tradeoffs is not the technical spread, but rather what is the significance of that difference. Biobased/Sustainable plan will be rated as acceptable or unacceptable. See Section M for additional details.

D. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. A Pre-Proposal site visit can be scheduled by contacting: Nathan Delimont, Wood Education and Resource Center, 301 Hardwood Lane, Princeton, WV, 24740. Contact 304-320-6926, ngdelimont@fs.fed.us

E. A post award pre-work meeting will be scheduled with the successful offeror/contractor. This meeting must take place within ten days of contract award.

F. This requirement is a total small business set aside. The NAICS Code for this acquisition is 238990, with a small business size standard of $14.0 Million.

G. Contractors are required to be registered in the System for Award Management (SAM) per FAR 52.204-7, System for Award Management

PROJ NAME: Seal Asphalt &

SECTION B - Schedule of Items

USDA Forest Service Wood Education and Resource Center Seal Asphalt Parking Areas and Roadways

Item # Description Unit Quantity TOTAL PRICE

#1 Seal Asphalt Parking Areas and Roadways LS 1 $______________

Payment will be made on actual work performed as described in the specifications unless otherwise noted.

REQUIREMENTS:

FAR Subpart 23.2 Energy and Water Efficiency and Renewable Energy FAR Subpart 23.1 Sustainable Acquisition Policy FAR 52.223 BioPreferred

OFFERORS MUST BE REGISTERED TO SAM IN ACCORDANCE WITH FAR 52.204-7 AND

RESPOND TO ALL INSTRUCTIONS INCLUDED IN SECTION L. OFFERORS WHO FAIL TO

MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

PROJ NAME: Seal Asphalt &

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

USDA Forest Service Wood Education and Resource Center

Seal Asphalt Parking Areas and Roadways Project

Description

The Wood Education and Resource Center is part of the USDA Forest Service Northeastern Area State and Private Forestry Unit. The facility was built in 1994 and operated as the R.C. Byrd Hardwood Technology Center. The U.S. Forest Service assumed ownership in 1999. The WERC works with the forest industry and other partners to promote a sustainable wood industry in the U.S. WERC hosts many workshops at its facilities in Princeton, WV. The on-site facilities also include a large wood shop and rough mill facility that are leased to the industry.

This project consists of cleaning and sealing the parking lots and road ways on premises. Also included in the project is routing and cleaning cracks that are .12-1.00 inch in width and filling with a high quality crack sealer and repainting lines for parking stalls, hazard areas, and handicap symbols. A few holes in the asphalt will also need repaired that range in size from 2 inches in width to 12 inches in width.

Extent of Work

The contractor will provide all labor, material, tools, equipment, and supervision necessary to complete cleaning the parking lots, patching holes in the parking lots, routing and repairing cracks in the parking lots, sealing the asphalt, and painting all lines and insignias back to original appearance on the parking lots.

The contractor will provide all incidentals for a complete job in accordance with the manufacturer’s specifications and any federal, state, or local laws.

The contractor shall be fully qualified per the manufacturer’s stipulations, fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

The contractor shall confirm all given information and advise the Contracting Officer’s Representative (COR), prior to bid, of any conflicts that will affect their cost proposal.

Submittals

Prior to starting work, the contractor must submit the following to the Contracting Officer:

Shop drawings showing layout, details of construction and identification of materials.

A sample of the workmanship and the manufacturer’s warranty

Upon completion of the work, copies of the manufacturer’s warranty must be submitted to the Contracting Officer’s Representative (COR).

PROJ NAME: Seal Asphalt &

Project Requirements

The quantities and approximations below are from the area in which the work will be done and were taken by the COR. The offeror is responsible for taking measurements so their offered price is adequate to support a complete job. Offeror is encouraged to complete a site visit and ask questions about the scope of work or area of which the work site is located before submitting a proposal.

1. Approximately 1,500 linear feet (LF) of crack sealer.

2. Approximately 1,800 linear feet (LF) of yellow paint for lines on parking stalls, hazard areas.

3. Approximately 170 linear feet (LF) of blue paint for lines on handicap stalls and loading zones.

4. Four handicap parking stalls that need the (ADA) Handicap Wheelchair symbol painted on.

5. Approximately 7,000 square yards (SY) of asphalt parking lots and roads to be sealed.

Paved surfaces shall be cleaned free of debris, dirt and weeds, including in the cracks prior to sealant application.

Performance Requirements

Sealcoat: Designed for medium-duty parking and driveways with the following characteristics:

1. Bridge over minor surface (non-working) cracks in the pavement.

2. Resistance to re-emulsification in the presence of de-icing salts.

3. Resistance to gas, oil, fat, chemicals, and ultraviolet degradation from sun rays.

4. Provide a limited degree of skid resistance.

Crack Seal: Designed for medium-duty parking and driveways with the following characteristics:

1. Forms a resilient and adhesive compound that will effectively seal.

2. Bridge over major surface (working) cracks up to 1” wide.

3. Resistance to gas, oil, fat, chemicals, and ultraviolet degradation from sun rays.

Materials

Seal Coat: Heavy-duty Coal Tar Emulsion Sealcoating System with premium grade rubberized protective coating. Use a well-known brand with a good warranty in place. Use the same brand of sealcoat system (contracting officer approved) throughout the entire project.

Sand/Aggregate: Sand shall be clean hard and irregular silica sand free of clay, dusts, salt, and organic 6

PROJ NAME: Seal Asphalt & matter. The gradation shall be as per manufacturer’s recommendations. Use the same brand of sand/aggregate (contracting officer approved) throughout the entire project.

Water: Potable water within the manufacturer’s recommended temperature range.

Primers: Oil Spot Primers must be certified by the sealcoat manufacturer for compatibility with the sealcoating material. Use specialty coatings and primers as recommended by the manufacturer for problematic areas, e.g. rust streaks, excessive surface contamination with oil or grease.

Crack Seal Products: Hot-pour single component, high quality petroleum based pavement crack and joint sealant for concrete and asphalt surfaces. Approve with contracting officer on a compatible brand with the seal coat brand.

Application of Crack Sealant

Heat and prepare hot pour crack sealant in accordance with manufacturer’s recommended methods.

Inject crack sealant into and along each routed crack to be treated. Fill to the top of pavement and level off with a squeegee. Avoid placing excess material.

Application of Pavement Sealant – Two Coat Approved Method

Squeegee/Brush.

Machine Application.

For a standard two coat seal coating system, calculate the rate of sealer per square yard of asphalt surface to be treated as per manufacturer’s specifications application rate for each coat.

Slurry Coat: The first coat shall be a sand slurry formulated sealcoat and shall be prepared in accordance with manufacturer’s batching recommendations. The slurry mix shall be uniformly applied over the entire surface using one of the approved application methods. Allow the first coat to dry sufficiently to take light traffic without scuffing.

Traffic Paints

AASHTO M309- Blue and yellow fast dry traffic paint shall be used. The paint shall adhere to pavement surface forming smooth continuous film one minute after application. The paint shall be tack free by touch so as not to require coning or other traffic control devices to prevent transfer by vehicle tires within two minutes after application.

Submit copies of product technical data sheet and paint formulation for each type of paint.

Manufacturer’s Installation Instructions: Submit instructions for application temperatures, eradication requirements, application rate, line thickness, type of glass beads, bead embedment and bead application rate, and any other data on proper installation.

Follow manufacturer’s recommendations when applying paint for storage life, surface and ambient 7

PROJ NAME: Seal Asphalt & temperatures, weather considerations, humidity levels, precipitation, and moisture levels.

Volatile Organic Content (VOC): Do not exceed State or Environmental Protection Agency maximum VOC on traffic paint.

Application Method: Use application machine/ walk behind stripers, hand spray or stencil trucks, apply with equipment meeting requirements from manufacturer. DO NOT USE HAND BRUSHES OR

ROLLERS.

Application of Traffic Paint

Agitate paint for 1-15 minutes prior to application to ensure even distribution of paint pigment.

Dispense paint at ambient temperature to wet-film thickness of 15 mils.

Apply markings to indicate dimensions at indicated locations.

Prevent splattering and over spray when applying markings. Any splatters or over spray will need to be removed by the contractor.

Unless material is tack free at end of paint application, use traffic cones to protect markings from traffic until tack free. If vehicle crosses a marking and tracks it or when splattering or over spray occurs, eradicate affected marking and resultant tracking and apply new markings.

Inspect for incorrect location, insufficient thickness, line width, coverage, retention, uncured or discolored material, and insufficient bonding.

Repair lines and markings, which after application and curing do not meet contract guidelines.

ADA Handicap Parking Symbol

After asphalt seal coating system is complete, the contractor shall replace the four (4) handicap parking symbols with new ADA (Americans with Disabilities Act) compliant symbols. The current ADA symbols are 4 feet by 4 feet in dimension, with a white symbol on a blue background. The new symbols must meet or exceed the ADA requirements on size and color of the blue square, as well as the size and color of the white symbol. Any further questions on the ADA symbols or laws please contact the contracting officer.

General Requirements

Permits: Where governing regulations and imposed codes and standards require notices, permits, licenses, inspections, tests, and similar items or actions in order to lawfully proceed with the required work; the contractor shall obtain items and take those actions in accordance with the regulations of the governing authority. The costs of such permits, licenses, inspections, etc., are the obligation of the contractor.

Installation: It shall be the responsibility of the contractor to complete work in accordance with the manufacturer’s specifications and industry standards. Additional procedures and materials may be required than is indicated herein. If any item specified herein conflicts with applicable codes and recommendations, the contractor shall bring it to the attention of the Contracting Officer for immediate resolution. 8

PROJ NAME: Seal Asphalt &

Submittals: Manufacturer’s descriptive literature/shop drawings for all materials shall be submitted to the Contracting Officer for review. The descriptive literature/catalogue cuts shall be annotated/highlighted with sufficient clarity so as to identify the products proposed for this project and show its conformance with contract requirements.

Control: The work performed under this contract shall be subject to continuous audit by the COR. Quality control is the exclusive responsibility of the contractor.

Product Delivery, Storage and Handling

Deliver materials to the job site in the manufacturer’s original, unopened containers or wrappings with the manufacturer’s name, brand name and installation instructions intact and legible. Deliver in sufficient quantity to permit work to continue without interruption.

Comply with the manufacturer’s written instructions for proper material storage.

Store all new materials in dry areas protected from water and direct sunlight. If exposed to lower temperature, restore to 60 Degrees Fahrenheit minimum before using.

Store materials containing solvents in dry, well ventilated spaces with proper fire and safety precautions. Keep lids on tight. Use before expiration of their shelf life.

Any materials which are found to be damaged shall be removed and replaced at the applicator’s expense.

Use of the Premises

Before beginning work, the contractor must secure approval from the COR for the following:

Areas permitted for personal parking.

Access to the site.

Areas permitted for storage of materials and debris.

Existing Conditions

If discrepancies are discovered between the existing conditions and those noted on the drawings, immediately notify the contracting officer’s representative by phone and solicit the manufacturer’s approval prior to commencing with the work.

Preconstruction Conference

A pre-bid meeting is not anticipated for this job. Contact the COR Nathan Delimont at (304)-320-6926, to arrange for pre-bid site visit and to answer any questions.

Prior to bid submittal, the contractor should schedule a job site inspection to observe actual conditions and verify all dimensions for the area of which work is to be performed.

PROJ NAME: Seal Asphalt &

Any conditions which are not shown on the drawings should be indicated on a copy of the drawings and included with bid submittal if necessary to clarify any conditions not shown.

Temporary Facilities and Controls

Temporary Utilities:

Water, power for construction purposes, and lighting are available at the site and will be made available to the contractor.

Provide all hoses, valves and connections for water from the source designated by the COR when made available.

When available, electrical power should be extended as required from the source. Provide all cords, connections and fused disconnects.

Detours/Obstruction to Traffic:

The contractor shall keep the portions of the road being used by the public free from irregularities and obstructions that could present a hazard or annoyance to traffic.

Detours may be indicated on the plans or in the special provisions or used with the approval of the COTR. Detours over existing roads will be designated, marked, and maintained by the contractor.

The provision of detours and marking of alternate routes will not relieve the contractor of the responsibility for ensuring the safety of the public or from complying with any requirements of these specifications affecting the rights of the public, including those concerning lights and barricades. Maintenance of all other detours shall be the responsibility of the contractor.

Security:

Obey the COR’s requirements for personnel identification, inspection and other security measures.

Job Site Protection

The contractor shall adequately protect building, paved areas, service drives, lawn, shrubs, trees, etc. from damage while performing the required work. Provide canvas, boards and sheet metal (properly secured) as necessary for protection and remove protection material at completion. The contractor shall repair or be responsible for costs to repair all property damaged during the contract application.

During the contractor’s performance of the work, the building employees will continue to occupy the existing building. The contractor shall take precautions to prevent the spread of dust and debris, particularly where such material may infiltrate the building. The contractor shall provide labor and materials to construct, maintain and remove necessary, temporary enclosures to prevent dust or debris in the construction areas from entering the remainder of the building.

Protect against fire and flame spread. Maintain proper and adequate fire extinguishers.

Store moisture susceptible materials above ground and protect with waterproof coverings.

Remove all traces of piled bulk material and return the job site to its original condition upon completion of the work. 10

PROJ NAME: Seal Asphalt &

Safety

The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable local, state, and federal requirements that are safety related. Safety shall be the responsibility of the contractor. All related personnel shall be instructed daily to be mindful of the full-time requirements to maintain a safe environment for the facility’s occupants including staff, visitors, customers, and the occurrence of the general public on or near the site.

Quality Assurance

The manufacturer must have a minimum of 20 years of experience in the manufacturing of the proposed sealers and materials used to seal cracks and asphalt on parking lots.

Unless otherwise noted in this specification, the contractor must strictly comply with the manufacturer’s current specifications and details.

The sealant must be installed by an applicator authorized and trained by the manufacturer in compliance with shop drawings as approved by the manufacturer. The sealer applicator shall be thoroughly experienced and upon request be able to provide evidence of having at least five years of successful experience sealing cracks in asphalt and sealing parking lots.

Provide adequate number of experienced workers regularly engaged in this type of work who are skilled in the application techniques of the materials specified. Provide at least one thoroughly trained and an experienced superintendent on the job at all times work is in progress.

There shall be no deviations made from this specification or the approved shop drawings without the prior written approval of the COR. Any deviation from the manufacturer’s installation procedures must be supported by written certification on manufacturer’s letterhead and presented for the COR’s consideration.

Upon completion of the installation, the applicator shall arrange for an inspection to be made by the superintendent in order to determine whether or not corrective work will be required before the warranty will be issued. Notify the COR seventy two (72) hours prior to the superintendents’ final inspection.

Job Conditions, Cautions and Warnings

Refer to Manufacturer’s Sealer System Specifications for General Job Site Considerations

Material Safety Data Sheets (MSDS) must be on location at all times during the transportation, storage and application of materials.

Proceed with sealing work only when weather conditions are in compliance with the manufacturer’s recommended limitations and when conditions will permit the work to proceed in accordance with the manufacturer’s requirements and recommendations.

Proceed with work so new materials are not subject to construction traffic. When necessary, new sealing sections shall be protected and inspected upon completion for possible damages.

PROJ NAME: Seal Asphalt &

The surface on which the crack sealer and asphalt sealer is to be applied shall be clean, smooth, dry, and free of projections or contaminates that would prevent proper application of or be incompatible with the new installation, such as dirt, water, mud, grass, weeds, foreign materials, oil, and grease.

Contaminants such as grease, fats, and, oils shall not be allowed to come in direct contact with the sealer.

Make all necessary repairs, patches, and fill all cracks prior to application of pavement sealant.

Treat old and badly oxidized asphalt pavement with a primer in accordance with manufacturer’s specifications.

Warranty

Provide manufacturer’s warranty covering material.

Provide contractor’s warranty covering workmanship.

Pro-rated system warranties shall not be accepted.

Clean Up

Perform daily clean up to collect all wrappings, empty containers, paper, and other debris from the project site. Upon completion, all debris must be disposed of in a legally acceptable manner.

AGAR 452.211-73 Attachments To Statement 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.

PROJ NAME: Seal Asphalt &

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

PROJ NAME: Seal Asphalt &

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.246-12 Inspection of Construction (Aug 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, 14

PROJ NAME: Seal Asphalt & 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.

PROJ NAME: Seal Asphalt &

SECTION F--DELIVERIES OR PERFORMANCE

Schedule of Deliverables.

The contractor will complete the services required under this Statement of Work and submit the required forms and related documentation in accordance with the following schedule, exclusive of Government review time:

1. Project Schedule. Within 5 days after the notice to proceed, submit a copy of the project schedule for review by the COR.

2. Preliminary Submission. Give the COR updates as the work progresses so there are no delays upon completion.

3. Final Submission. After completion of the work, the COR will inspect the materials and labor to confirm that it is in accordance with the contract and will report the findings to the CO. Upon acceptance of work, the CO will be in contact until payment is made and the contract is closed.

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

The Contractor shall be required to

(a) commence work under this contract within 14 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 December 31, 2014. The time stated for completion shall include final cleanup of the premises.

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

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 8, 2014. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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); 16

PROJ NAME: Seal Asphalt &

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

PROJ NAME: Seal Asphalt &

(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 18

PROJ NAME: Seal Asphalt & for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ Item 2:

Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information.

(End of clause)

AGAR 452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from approximately August 8, 2014 to December 31, 2014.

PROJ NAME: Seal Asphalt &

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The Contracting Officer's Technical Representative (COR) for the agency’s liaison with the contractor as to the conduct and quality of work is Nathan Delimont, Wood Education and Resource Center, 301 Hardwood Lane, Princeton, WV, 24740. Contact 304-320-6926, ngdelimont@fs.fed.us. The COR may issue written or oral instructions to clarify the Statement of Work.

PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration:

Telephone Number (including cell phone if available):

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond 20

PROJ NAME: Seal Asphalt & within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance. Payments for services are made in arrears following COR inspection and acceptance of work.

GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

Additional information regarding IPP may be found at the following website:

https://www.ipp.gov/index.htm.

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm https://www.ipp.gov/index.htm

PROJ NAME: Seal Asphalt &

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Pursuant to Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees and contract service providers. Green purchasing contracting has several interacting initiatives, which are described at the following Government or Industry Internet sites:

− Recycled products: www.epa.gov/cpg − Biobased products: www.biopreferred.gov/ − ENERGY STAR products: www.energystar.gov/ − FEMP designated and low standby power products: www.femp.energy.gov/procurement − EPEAT computers: www.epeat.net − Non-Ozone Depleting Alternative Products: www.epa.gov/ozone/strathome.html − Water-efficient plumbing products: www.epa.gov/watersense

To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, require the use of products that have biobased content, are energy efficient, or have recycled content.

AGAR 452.228-71 Insurance Coverage (Nov 1996) -- Alternate I (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.

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

(2) The Contractor shall have property damage liability insurance required in the amount of $1,000,000.00 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

PROJ NAME: Seal Asphalt & 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.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 14 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is: 40 hours.

PROJ NAME: Seal Asphalt &

PART II--CONTRACT CLAUSES SECTION I--CONTRACT

CLAUSES

FAR 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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (Nov 2013) 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 ALT I (Sep 2006) 52.203-7 Anti-Kickback Procedures (Oct 2010) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) If Exceeding

$500K 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (May 2012) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages -- Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (Feb 2012) 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 (Jul 2013) 52.219-16 Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003) 52.222-6 Davis-Bacon Act (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payroll 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 Davis-Bacon and Related Act 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) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

PROJ NAME: Seal Asphalt &

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) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 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) 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-9 Buy American Act – Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 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) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-5 Payments Under Fixed-Price Construction Contracts (Sep 2002) 52.232-17 Interest (Oct 2010) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.232-27 Prompt payment for Construction Contracts (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 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) 52.236-1 Performance of Work by the Contractor (Apr 1984) 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…