AG-82X9-S-10-0103.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82X9-S-10-0103

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATION (RFP)

3. DATE ISSUED

07/29/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Rocky Mountain Acquisition / Cody 808 Meadow Lane Avenue Cody, WY 82414

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

See Below

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) See Below

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):

Total Small Business Set Aside

Technical Questions: by email only. davidhjohnson@fs.fed.us Contractual Questions: David H. Johnson – 307-578-5148 PROJECT TITLE: Shoshone NF – Warm Springs Bridge #4 NAICS CODE: 237310 $33.5 million Price Range: The Government's estimate is: between $250,000 and $500,000

Vendor TIN: ____________________________ ( must be completed )

Vendor DUNS: __________________________ ( must be completed )

Vendor eMail: __________________________ ( must be completed )

ORCA Complete Y N CCR Registered Y N ( must be completed )

All responsive and responsible proposals shall be considered.

11. The Contractor shall begin performance within 10 calendar days and complete it within 365 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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 See section I, FAR 52.228.13 if over $30,000

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers in original and including the Technical Proposal to perform the work required are due at the place specified in Item 8 by 1200 Noon, local time 02 September 2009. 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, 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 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

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, requisitions identified on this form and any continuation sheets for the consideration slated 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.

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. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Site Location:

The bridge is located approximately 15 miles northwest of Dubois, Wyoming in the Shoshone National Forest.

Site Visits:

At the site: Tuesday, August 10, 2010 at 9:00 am

Sign and fill in and return the following, Standard Form 1442, pages 1-3; Pricing Sheet Section B/Schedule of items; Section K Representations and Certifications; Technical Proposal, Business Proposal and references as described in Section L.

Socio-Economic Status ( must complete )

8a Y N HubZone Y N SVDOB Y N

Failure to submit this information will render the offer as non-responsive.

Non Discrimination

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 for 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 of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Pay Item Description Estimated Unit No. Quantity Unit Price Amount

15101 Mobilization LS 1 $ $

15205 Bridge survey and staking EA 1 $ $

15212 Slope, reference, and clearing and grubbing stakes; method 1, tolerance A

LS 1 $ $

15255 Grade finishing stakes, aggregate surface, tolerance A LS 1 $ $

15702 Silt fence FT 209 $ $

15752 Sediment basin EA 2 $ $

20102 Clearing and grubbing LS 1 $ $

20305 Removal of structures and obstructions LS 1 $ $

20403 Subexcavation CY 27 $ $

20422 Topsoil (stockpiled) CY 53 $ $

20425 Boulder placement, landscape rocks EA 6 $ $

20455 Embankment construction CY 39 $ $

20801 Structure excavation CY 373 $ $

20802 Foundation Fill CY 14 $ $

20803 Structural backfill CY 88 $ $

25102(a) Placed riprap, class 1 TON 41 $ $

25102(b) Placed riprap, class 5 TON 234 $ $

25116 Geotextile, type IV, A SY 336 $ $

30115 Aggregate surface course, grading F, compaction method C TON 67 $ $

30120 Pit Run Aggregate, Maximum Size 2", Compaction A TON 70 $ $

55204 Structural concrete, class A (AE), for abutments, wingwalls and footings

CY 46 $ $

SECTION B - BID SCHEDULE

Warm Springs #4 Bridge # 532-16.18

SECTION B - BID SCHEDULE

55401 Reinforcing steel LB 5357 $ $

55501 Structural Steel, Channel Stiffener, Furnished, Fabricated, and Erected

LB 1450 $ $

55601 W-beam, type IV, class A, steel side-mounted bridge railing FT 75 $ $

55607 Terminal section, type 3K EA 4 $ $

55650 Bridge approach railing, type IV, class A FT 75 $ $

55703 Treated Structural Timber and Lumber MBF 1.44 $ $

55752 Treated Structural Timber, Dowel-Laminated MBF 12.8 $ $

56302 Painting, concrete bridge structure SY 32 $ $

61301 Simulated stone masonry surface treatment SY 24 $ $

61302 Simulated stone masonry test walls EA 1 $ $

62406 Placing conserved topsoil CY 53 $ $

63306 Object markers, furnish and install EA 4 $ $

SUBTOTAL BID PRICE $

ITEM NO. DESCRIPTION (TEMPORARY ROAD AND BRIDGE ITEMS) PAY EST. UNIT TOTAL

UNIT QTY. PRICE PRICE

15205 Bridge survey and staking EA 1 $ $

15212 Slope, reference, and clearing and grubbing stakes; method L-line, tolerance A

LS 1 $ $

15255 Grade finishing stakes, aggregate surface, tolerance A LS 1 $ $

20350 Remove and reset existing timber bridge superstructure LS 1 $ $

20455 Embankment construction CY 223 $ $

21102 Road obliteration, method 1 LS 1 $ $

25102(c) Placed riprap, class 3 TON 15 $ $

30115 Aggregate surface course, grading F, compaction method C TON 67 $ $

SECTION B - BID SCHEDULE

63308 Removing and resetting object markers EA 4 $ $

63501 Temporary traffic control LS 1 $ $

SUBTOTAL BID PRICE $

TOTAL BID PRICE $

SECTION C - DESCRIPTION AND SPECIFICATIONS

C- 1 - PROJECT DESCRIPTION AND LOCATION

(a) Statement of Work. The project consists of demolishing existing timber bridge while salvaging the superstructure to be utilized as a temporary detour route and stream crossing. A new 50’ span bridge shall be placed in the location of the demolished bridge. Work includes demolition of old timber bridge; installation of bridge bypass utilizing old bridge superstructure; structure excavation and backfill; installation of concrete abutments and wingwalls; installation of laminated wood bridge superstructure with side rails; roadway approach rails; and aggregate surfacing.

It is the Government’s intention to award the contract for this solicitation in the fall of 2010 and issue notice to proceed for shop drawings, form liner test boards, and other submittal items.

The actual replacement of the bridge shall occur as weather and conditions allow in mid 2011.

(b) Project Location. The project is located on the Wind River Ranger District of the Shoshone National Forest at T. 42 N., R. 109 W., Section 3, 6th P.M., with an elevation of approximately 7,800 feet.

To access the project site, drive 17 miles northwest of Dubois, WY on Highway 26/287. Turn left on Forest Service Road (FSR) 532, drive 1.0 miles to the existing timber bridge.

(c) Start Work. It is estimated that the Notice to Proceed for project work will be issued on or about October 1, 2010.

(d) Period of Performance. 365 Days from the Notice to Proceed.

(e) Use of Premise and Camping. Camping will be allowed in close proximity to the project site in an area approved by the CO. All food and refuse shall be handled according to food storage requirements of the “Use and Occupancy Order” to eliminate grizzly bear/human contact (see Section J).

(f) Tools and Equipment. All tools and equipment shall be furnished by the Contractor. All equipment shall be cleaned to eliminate transportation / deposition of hazardous weed seed on National Forest lands.

C- 2 - GOVERNMENT-FURNISHED PROPERTY. The Contractor shall utilize the existing bridge superstructure for use as a bridge bypass and stream crossing. At the completion of the project, during bridge bypass demolition, the Contractor shall deliver the old timber bridge stringers to the Horse Creek Guard Station located 10.0 miles north of Dubois, WY on the Horse Creek Road (FSR 285) and 0.5 miles on FSR 510. Legal description of Horse Creek Guard Station is T. 43 N., R. 107 W., Section 24, 6th P.M.

C- 3 - SPECIFICATIONS

The requirements contained in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S. Customary Units) are hereby made a part of this solicitation and any resultant contract. Special Project Specifications (SPS’s) that amend the FP-03 are contained in Section J – Attachments.

C- 4 - DRAWINGS

The project drawings are a part of this solicitation and any resulting contract. They are contained in Section J – Attachments.

Scope of Contract:

The work shall consist of what is shown on the plans, stated in the specifications, and summarized below:

• Remove trees and clear and grub as required.

• Construct the temporary detour.

• Establish the traffic control signing and temporary barriers as required for detour.

• Excavate for footings.

• Construct the footings.

• Construct the abutments and wingwalls to the elevation shown on the plans.

• Backfill the abutments to just below the beam seat elevation.

• Grade portions of the channel banks under the new bridge.

• Install riprap adjacent to the new structure.

• Erect the timber superstructure.

• Construct the remaining abutment and wingwall concrete.

• Construct the remaining backfill and approach embankment.

• Install the approach and bridge rails.

• Install the aggregate surface course

• Shift traffic to the new bridge.

• Remove the detour.

• Install the final traffic control devices as shown on the plans.

• Complete the grading at the location of the detour.

• Complete the riprap installation along the stream.

• Salvage and transport the existing bridge timber stringers.

Project Location:

The bridge is located approximately 15 miles northwest of Dubois, Wyoming in the Shoshone National Forest.

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.

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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/�

SECTION F--DELIVERIES OR PERFORMANCE

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.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

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 not later than 365 Calendar Days. The time stated for completion shall include final cleanup of the premises.

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

Within 14 calendar days after receipt of a notice of award 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.

SECTION G--CONTRACT ADMINISTRATION DATA

Designated Invoice Office

R2 AQM / Cody 808 Meadow Lane Cody, WY 82414

Only hard copy invoices will be accepted. No Faxes and No emails.

FAR 52.245-1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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 on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.228-71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

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

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

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) http://www.usda.gov/procurement/policy/agar.html�

52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (SEPT 2009) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 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 (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) Alternate II (APR 1984)

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 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--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-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

http://fedgov.dnb.com/webform�

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

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

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

1702), such as agricultural products and petroleum products.

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

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

“Cost of components” means--http://www.ccr.gov/�

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

[Include other applicable supporting information.]

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

FAR 52.228-1 Bid Guarantee (SEP 1996) (Applicable over $100,000)

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

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

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.

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

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

FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 10 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

NOXIOUS WEEDS Page 26

BEAR MANAGEMENT AND PROTECTION Pages 27 - 31

FIRE PLAN Pages 32 - 33

HAZARDOUS COMUNICATION UMBRELLA PLAN Pages 34 - 37

SPECIFICATIONS Pages 38 - 110

DRAWINGS Pages 111 - 127

WAGE DETERMINATIONS Pages 128 - 133

PAST PERFORMANCE SURVEY Pages 134 - 137

BOND CAPACITY WORKSHEET Page 138

NOXIOUS WEEDS

NOXIOUS WEEDS

The Contractor shall make all equipment intended for use on this project available for inspection by the COR prior to entering the National Forest. If the COR determines that the equipment could be carrying potentially noxious weed seeds, the Contractor shall thoroughly wash the equipment. This equipment washing shall be conducted at a site owned or leased by the contractor or a commercial site designated for this work, outside the National Forest.

United States Department of Agriculture Forest Service

Rocky Mountain Region—Shoshone National Forest Intermountain Region—Bridger-Teton National Forest

OCCUPANCY AND USE RESTRICTIONS

For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulations (CFR), 261.50 (a) and (b), the following uses are restricted in those areas of the Shoshone National Forest and the Bridger-Teton National Forest as shown on the attached map (Exhibit B) and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions.

This Order is effective March 1 through December 1, annually, until rescinded.

1. Possessing or storing any food or refuse, as specified in the Order (36 CFR 261.58 (cc).

2. Possessing, storing, or transporting any bird, fish, or other animal, or parts thereof, as specified in the Order (36 CFR 261.58 (s).

3. Camping as specified in the Order (36 CFR 261.58 (e).

UNDER THIS ORDER IT IS REQUIRED THAT

1. All food and refuse must be acceptably stored or acceptably possessed during daytime hours.

2. All food and refuse must be acceptably stored during nighttime hours, unless it is being prepared for eating, being eaten, being transported, or being prepared for acceptable storage.

3. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage.

4. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.

EXEMPTIONS

Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this Order:

1. Persons with a permit issued by the Forest Supervisor specifically exempting them from the effect of this Order.

2. Persons in the act of placing black bear baits for the lawful purpose of hunting black bears under state law and regulation.

3. Any Federal or State officer placing baits to capture animals for research or management purposes as part of their official duties.

These restrictions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A. This Order supersedes any previous Order prohibiting or restricting the same, or similar, acts in the above-described areas.

Done this day _12_ of _December, 2003.

/s/ Rick D Cables /s/ Jack Troyer

RICK CABLES

Regional Forester Rocky Mountain Region

JACK TROYER

Regional Forester Intermountain Region

Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, and/or imprisonment for not more than six (6) months, or both (Title 16 USC 551, Title 18 USC 3571 (b)(6), Title 18 USC 3581 (b)(7)).

Exhibit A Occupancy and Use Order No. 04-00-104

Special Order—Food Storage and Sanitation Definitions

1. “Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers.

2. “Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area. Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition.

3. “Acceptably stored” means:

a. Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee

Courtesy Inspection Program. A container may be certified by the local district ranger or their designated representative(s) if it meets the IGBC criteria, or

b. Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or

c. Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or

d. Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or

e. Stored by other methods approved in a permit issued by the forest supervisor responsible for the area where the method is proposed for use.

f. For animal carcasses: stored as per 3. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail. Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground.

g. Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camp or sleeping area by the party(-ies) responsible for killing or harvesting such mammal.

4. “Acceptably possessed” means:

a. Possessed or attended during daytime by a person(s) that is physically present within 100 feet and direct sight of the accessible food, or

b. Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.

5. “Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment.

6. “Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time.

7. “Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time.

“National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part of the National Forest System and which has been included in a forest recreation map. Exhibit B Occupancy and Use Order No. 04-00-104

Special Order—Food Storage and Sanitation Area of Application

WESTERN BOUNDARY: North from Alpine along divide of Snake River Range from Dry Gulch to Ferry Peak summit, along top of divide to Deadhorse Peak and north along Targhee-Bridger-Teton Forest boundary.

SOUTHERN BOUNDARY: The expanded food storage boundary on the Bridger-Teton National Forest begins on the southwest at the south side of the confluence of the Snake and Greys Rivers. It then runs east and north along the Snake River corridor, including that area ½ mile south and east of the river itself, to the junction with the Hoback River. At Hoback Junction the area covered by the food storage order runs east along the Hoback River corridor, also including that area up to ½ mile south of the river, to where the Hoback River leaves U.S. 189/191.

From there the food storage order applies north…