Amend1_AG-64R4-S-15-0017_BIDDERS_copy.pdf

SOLICITATION NO. AG-64R4-S-15-0017

ROAD IMPROVEMENTS

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-64R4-S-15-0017

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/30/2015

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE

REQUEST NO.

749999

6. PROJECT NO.

7. ISSUED BY CODE 3445 8. ADDRESS OFFER TO

Carrie L. Edwards, Contracting Officer USDA Forest Service Monongahela National Forest 410 East Main Street White Sulphur Springs, WV 24986

USDA Forest Service Monongahela National Forest Attn: Carrie L. Edwards, Contracting Officer 410 East Main Street White Sulphur Springs, WV 24986

9. FOR INFORMATION CALL: A. NAME (NO COLLECT CALLS)

Carrie Edwards, Contract Specialist, 304-536-2144 Michael Pomeroy, Contracting Officer’s Representative, 573-785-1475

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

ROAD IMPROVEMENTS

MARK TWAIN NATIONAL FOREST

ELEVEN POINT RANGER DISTRICT

Price Range: The Government's estimated price range for the total of all items combined is between $250,000 and $500,000.

Bid Guarantee: A bid guarantee in the amount of 20% of the total bid price is required. A copy of Standard Form (SF) 24, Bid Bond, can be downloaded from the following website:

http://www.gsa.gov/portal/forms/download/115982

(Note: Faxed copies of Bids, Bid Guarantees or Bonds are not acceptable.)

11. The Contractor shall begin performance within 10 calendar days and complete it within (**see Section F) calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m.

Eastern Time (hour) JULY 30, 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is required is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code) & EMAIL

16. REMITTANCE ADDRESS (Include only if different than

Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE

20C.

OFFER

DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. INVOICES WILL BE SUBMITTED TO THE CONTRACTING

OFFICER’S REPRESENTATIVE

(1 copy unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY

3445 27. PAYMENT WILL BE MADE BY

USDA FOREST SERVICE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

TABLE OF CONTENTS

Title Page Number(s)

PART I – THE SCHEDULE

Section A – Standard Form 1442, Solicitation, Offer and Award 1-2 Table of Contents 3 Section B – Supplies or Services and Prices/Costs 4-9 Section C – Description/Specifications/Statement of Work 10 Section D – Packaging and Marking 11 Section E – Inspection and Acceptance 11-12 Section F – Deliveries or Performance 13 Section G – Contract Administration Data 14-15 Section H – Special Contract Requirements 16

PART II – CONTRACT CLAUSES

Section I – Contract Clauses 17-24

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

Section J – List of Documents, Exhibits, and Other Attachments 25

SECTION IV – REPRESENTATIONS AND INSTRUCTIONS

Section K – Representations, Certifications and Other Statements of Bidders 26-28 Section L – Instructions, Conditions and Notices to Bidders 29-32 Section M – Evaluation Factors for Award 33

ATTACHMENT A – DESCRIPTION OF WORK

Bid Item 1 – Red Witch

34-37

Bid Item 2 – Stagecoach 38-43 Bid Item 3 – Bennett 44-55 Option Item A – War Wagon 56-60

ATTACHMENT B – WAGE DETERMINATION NO. MO150001 06/12/2015 61-92

ATTACHMENT C – CONTRACTOR INFORMATION SHEET 93

ATTACHMENT D – EXPERIENCE/PAST PERFORMANCE QUESTIONNAIRE 94

ATTACHMENT E – FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS 95-127

ATTACHMENT F – PROJECT LOCATION MAP 128-129

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The contractor shall furnish all transportation, material, labor, supervision, equipment, operators, tools, supplies, licenses, permits and other incidentals necessary for to perform road improvements on the Eleven Point Ranger District of the Mark Twain National Forest. All work shall be performed in accordance with terms, conditions, specifications and drawings of this Invitation for Bids (IFB) and any resultant contract.

BIDDER INFORMATION:

All bidders must submit the following information:

OFFICE PHONE: _______________________________ CELL PHONE____________________________

HOME PHONE: ________________________________________________________________________

E-MAIL ADDRESS:______________________________________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: ___________________________________

FEDERAL TAX IDENTIFICATION NUMBER: _________________________________________________

ARE YOU REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AND IS YOUR

INFORMATION CURRENT? [ ] YES [ ] NO

NON DISCRIMINATION STATEMENT: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

B-1 SCHEDULE OF ITEMS

BID ITEM 1 – RED WITCH

Pay Item Title Estimated

Quantity Unit Unit Price Total Price

Forest Road 4822A – War Wagon Reconstruction 20101 Clearing and Grubbing 1.13 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 0.46 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 10 Each $ $ 20420 Drainage Excavation, Type: B-B Outlet 6 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 200 Ton $ $

Total Price for FR 4822A – War Wagon Reconstruction: $

Forest Road 4822B – Red Witch Reconstruction 20101 Clearing and Grubbing 1.73 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 0.70 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 22 Each $ $ 20420 Drainage Excavation, Type: B-B Outlet 1 Each $ $ 20420 Drainage Excavation, Type: B Dip 1 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 285 Ton $ $

30802 Crushed Aggregate Grading 4” – 6” Clean, Compaction Method 1 35 Ton $ $

Total Price for FR 4822B – Red Witch Reconstruction: $

Forest Road 4846 – Jackleg Reconstruction 20101 Clearing and Grubbing 1.14 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 0.70 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 6 Each $ $ 20420 Drainage Excavation, Type: B-B Outlet 4 Each $ $ 20420 Drainage Excavation, Type: B Dip 3 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 295 Ton $ $

30802 Crushed Aggregate Grading 4” – 6” Clean, Compaction Method 1 30 Ton $ $

Total Price for FR 4846 – Jackleg Reconstruction: $

TOTAL PRICE FOR BID ITEM 1 – RED WITCH

(FR 4822A + FR 4822B + FR 4846):

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

BID ITEM 2 – STAGECOACH

Quantity Unit Unit Price Total Price

Forest Road 3952 – Gatlin Gun Reconstruction

20101 Clearing and Grubbing 3.22 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 1.4 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 12 Each $ $

20420 Drainage Excavation, Type: B-B Outlet 13 Each $ $

20420 Drainage Excavation, Type: A Dip 2 Each $ $

20420 Drainage Excavation, Type: B Dip 7 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 566 Ton $ $

30802 Crushed Aggregate Grading 4” – 6” Clean, Compaction Method 1 100 Ton $ $

Total Price for FR 3952 Gatlin Gun Reconstruction: $

Forest Road 3958 – North Prong Cedar Bluff Reconstruction 20101 Clearing and Grubbing 1.43 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 0.60 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 16 Each $ $ 20420 Drainage Excavation, Type: B-B Outlet 7 Each $ $ 20420 Drainage Excavation, Type: B Dip 3 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 251 Ton $ $

30802 Crushed Aggregate Grading 4” – 6” Clean, Compaction Method 1 30 Ton $ $

Total Price for FR 3958 – North Prong Cedar Bluff Reconstruction: $

Forest Road 3959 – Cedar Bluff North Reconstruction 20101 Clearing and Grubbing 2.19 Acre $ $

20402 Roadway Excavation, Compaction Method (a), Finishing Method (a) 1.00 Mile $ $

20420 Drainage Excavation, Type: A-A Outlet 14 Each $ $ 20420 Drainage Excavation, Type: B-B Outlet 9 Each $ $ 20420 Drainage Excavation, Type: B Dip 3 Each $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 410 Ton $ $

30802 Crushed Aggregate Grading 4” – 6” Clean, Compaction Method 1 30 Ton $ $

Total Price for FR 3959 – Cedar Bluff North Reconstruction: $

TOTAL PRICE FOR BID ITEM 2 – STAGECOACH

(FR 3952 + FR 3958 + FR 3959):

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

BID ITEM 3 - BENNETT

Pay Item Title Estimated

Quantity Unit Unit Price Total Price

Forest Road 3145 – Bennett Reconditioning

30321 Roadway Reconditioning, Compaction Method A 10.0 Mile $ $

30802 Crushed Aggregate Grading 1” Minus, Compaction Method 1 2,607 Ton $ $

60201 Corrugated Metal Pipe: 18” Diameter 218 LF $ $

Total Price for FR 3145 – Bennett Reconditioning: $

Forest Road 3222 – McFarland Pond Reconditioning

30321 Roadway Reconditioning, Compaction Method A 3.03 Mile $ $

30802 Crushed Aggregate Grading 1” Minus, Compaction Method 1 790 Ton $ $

60201 Corrugated Metal Pipe: 18” Diameter 24 LF $ $

Total Price for FR 3222 – McFarland Pond Reconditioning: $

Forest Road 3224 – Section Six Reconditioning

30321 Roadway Reconditioning, Compaction Method A 3.39 Mile $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 884 Ton $ $

Total Price for FR 3224 – Section Six Reconditioning: $

Forest Road 4868 – Lost Woman Reconditioning

30321 Roadway Reconditioning, Compaction Method A 0.51 Mile $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 206 Ton $ $

Total Price for FR 4868 – Lost Woman Reconditioning: $

TOTAL PRICE FOR BID ITEM 3 – BENNETT

(FR 3145 + FR 3222 + FR 3224 + FR 4868): $$

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

OPTION ITEM A – WAR WAGON

Quantity Unit Unit Price Total Price

Forest Road 4822 – Stillhouse Hollow Reconditioning

30321 Roadway Reconditioning, Compaction Method A 3.3 Mile $ $

30802 Crushed Aggregate Grading 1” Clean, Compaction Method 1 741 Ton $ $

Total Price for FR 4822 – Stillhouse Reconditioning: $

TOTAL PRICE FOR OPTION ITEM A – WAR WAGON

(FR 4822):

Note: Option Item A will only be awarded if the funds are available.

Quantity Unit Unit Price Total Price

15101 Mobilization1 1 Lump Sum XXXXXXXXXX $

1Mobilization costs will only be allowed one time per contract award. Contractors bidding on more than one line item will only be awarded one mobilization cost.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

B-2 CONSTRUCTION NOTES:

Reimbursement for bond premiums, in accordance with FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include payment for bond premiums under Pay Item 15101 - Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Reconstruction Work: mowing and limbing as well as seeding shall be considered incidental to pay item 20101, Clearing and Grubbing.

Reconditioning Work: mowing and limbing as well as seeding shall be considered incidental to pay item 30321, Roadway Reconditioning.

Surface course blading may be required to mix with subgrade and/or smooth surface course. Surface blading will be considered incidental to Pay Item 20402, Roadway Excavation or Pay Item 30321, Roadway Reconditioning, respectively.

Compaction Method 1 shall be for aggregate placement compaction according to FS Supplemental Specification 308.05(a).

Item 60201, Corrugated Metal Pipes include placement of pipe and the removal of the old pipe from Forest Service property.

All items are contract quantities; no payment will be made for variations within +/- 15% of the contract quantity, without a Contracting Officer approved modification.

Weight tickets for aggregate shall be provided to the COR for each load of aggregate delivered.

B-3 SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION:

In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7--System for Award Management. Bidders may register in SAM at www.sam.gov. There is no charge to register when registration is done at the official SAM website shown here.

B-4 PRE-BID MEETING AND TOUR:

A pre-bid meeting and tour will be held on Tuesday, July 14, 2015 at 10:00 a.m. Interested bidders should plan to meet at the Doniphan Ranger Station, 4 Confederate Ridge Road, Doniphan, Missouri 63935. All interested bidders are encouraged to attend the pre-bid meeting and tour. For more information, contact Michael Pomeroy at 573-785- 1475 or by e-mail mdpomeroy@fs.fed.us.

B-5 BONDING REQUIREMENTS

This is a construction project which has the following bonding requirements: A bid guarantee in an amount equal to 20 percent of the bid price or $100,000, whichever is less, is required by the time set for submission of bids. The successful offeror will be required to furnish a Performance Bond (SF-25) and Payment Bond (SF-25A) within 10 calendar days of the date they receive notice of award, the penal amount of each shall be 100 percent of the original contract price.

B-6 BASIS OF AWARD

Award will be made to the low responsive, responsible bidder for each bid item (see Section M).

http://www.sam.gov/ mailto:mdpomeroy@fs.fed.us

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract: The contractor shall furnish all transportation, material, labor, supervision, equipment, operators, tools, supplies, licenses, permits and other incidentals necessary to perform road improvements on the Mark Twain National Forest. All work shall be performed in accordance with terms, conditions, specifications and drawings of this Invitation for Bids (IFB) and any resultant contract.

C-2 Project Location: All project areas are located on the Eleven Point Ranger District in Carter, Oregon and Ripley Counties, Missouri.

C-3 Price Range: The Government's estimated price range for the total of all items combined is between $250,000 and $500,000.

C-4 AGAR 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.

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) is made a part of this contract and incorporated herein by reference only. A copy of these specifications is available at the following website: http://flh.fhwa.dot.gov/resources/pse/specs/fp-03/

C-5 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.

C-6 Biobased & Recycled Content Products

The contractor must comply with Section 9002 of the Farm Security and Rural Investtment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased, recycled content, energy star, and environmentally preferable products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

For more information regarding Energy Star products go to http://www.energystar.gov/ http://flh.fhwa.dot.gov/resources/pse/specs/fp-03/ http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm http://www.energystar.gov/

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E-1 FAR 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

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

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.

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

SECTION F - DELIVERIES OR PERFORMANCE

F-1 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 address(es): www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 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 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 as follows:

Bid Item 1 60 Calendar Days Bid Item 2 60 Calendar Days Bid Item 3 60 Calendar Days Option Item A 60 Calendar Days

If a contractor receives award of more than one bid item, contract time shall run consecutively. However, in no case will total contract time for a single contractor exceed 180 calendar days. The time stated for completion shall include final cleanup of the premises.

http://www.acquisition.gov/far

CONSTRUCTION IFB – BIDDER’S COPY MARK TWAIN NATIONAL FOREST

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful contractor(s) is required. It will be scheduled and held as soon as possible after the date of contract award. Location of the conference will be determined after award, however it is anticipated that the post award conference will be held at the project site.

G-2 Designation of Contracting Officer’s Representative

The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

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.

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 scope of the contract, the Contractor should so advise the COR. If the COR persists and 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 for a contract claim.

G-3 Invoice Schedules: Invoices shall be submitted in arrears, no advance payments will be authorized.

G-4 Contractor Invoices: The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website: https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project. However, before any invoice is approved by the Government, the contractor must provide the Contracting Officer’s Representative (COR) with certified payrolls covering the period of performance for which the invoice covers along with a breakdown of costs for that invoice.

G-5 Payment Terms: Once the properly submitted invoice is received in IPP, and services are accepted, the payment will be processed in accordance with the Prompt Payment Act. Notify the Contracting Officer or COR if payment is not received within ten (10) calendar days following the due date.

G-6 Contractor Remittance Address: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required contractor information must be entered in the System for Award Management (SAM) database (www.sam.gov). The SAM database information must also remain current.

G-7 Payment Status: To receive a status regarding past due payments, contractors are encouraged to contact the PAYMENT INQUIRY branch at the USDA National Finance Center (800) 421-0323 or 504-426-6510.

G-8 Notification of Payments: Contractors are encouraged to enroll in the U.S Department of Treasury’s Financial Management Service (FMS), Internet Payment Platform (IPP). To enroll in the IPP-PAID service, please call IPP’s toll-free number at (866) 973-3131 or email at bos.ipp.helpdesk@bos.frb.org. This service is free and provides contractors with advance notification of payments processed through EFT. For additional information, please refer to the IPP-PAID website (https://www.ipp.gov/).

G-9 VETS-100 Program: In accordance with Title 38, United States Code, Section 4212(d), the U.S.

Department of Labor (DOL), Veterans' Employment and Training Service (VETS) collects and compiles data on the employment of veterans with Federal contractors and subcontractors. Federal contractors are required to submit one of two reports (VETS-100 and VETS-100A) and, in some cases, both reports. The VETS-100 Report https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/

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and the VETS-100A Report must be submitted each year between August 1 and September 30. Per the recent DOL change, the Contractor need only report if the annual contract amount exceeds $100,000.

Contractor questions concerning VETS-100 reporting and reporting requirements to the U.S. Department of Labor (DOL), Veterans' Employment and Training Service (VETS) at the following address:

U.S. Department of Labor 200 Constitution Ave., NW Washington, DC 20210

By Phone:

National Toll-Free Contact Center. Live assistance is available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time by calling, 1-866-4-USA-DOL (1-866-487-2365), TTY: 1-877-889-5627.

Phone Numbers by Topic. Search for a Departmental phone number based on the topic of your question.

The Leadership Team. A list of phone numbers for key personnel in the Department.

General VETS-100 / VETS-100A Questions: Call the VETS-100 Service Center at (866) 237-0275 or email VETS100-customersupport@dol.gov. For international callers, please call (202) 693-4715.

mailto:VETS100-customersupport@dol.gov

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-2 AGAR 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 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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-3 Equipment Cleaning

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the COR prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required.

The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 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

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 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 Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination – Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) http://www.acquisition.gov/far

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52.222-54 Employment Eligibility Verification (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.222-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy Consuming Products (DEC 2007) 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 (MAY 2011) 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 (APR 1984) 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 (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (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 (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2015) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) - - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1998)

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452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1998) 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contactor within the resultant contract’s period of performance.

I-3 FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Office.

I-4 FAR 52.225-9 Buy American - Construction Materials (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

“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—

(3) 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 https://acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508 http://uscode.house.gov/

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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 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 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html%23wp1077123

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determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

(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.