AG-84N8-S-16-0103.pdf

Solicitation: AG-84N8-S-16-0103

Sheep Creek Geologic Loop Paving (Ashley National Forest)

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NO.: AG-84N8-S-16-0103

OFFERS ARE SOLICITED FOR: SHEEP CREEK GEOLOGIC LOOP PAVING (ASHLEY NATIONAL FOREST) This project is set aside for Small Business

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO

THIS SOLICITATION:

1. SF-33 – SOLICITATION, OFFER AND AWARD (Complete, Date, and Sign)

2. Part I, Section B.1, SCHEDULE OF ITEMS

3. Part II, Section I.3.6, 52.225-9 BUY AMERICAN CONSTRUCTION MATERIALS (IF APPLICABLE)

4. Part IV, Section K.1, 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

5. Part IV, Section K.2, 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION

6. Part IV, Section K.4, 52.222-22 PREVIOUS CONTRACT AND COMPLIANCE REPORT (IF APPLICABLE)

7. Exhibit #2, SUBCONTRACTOR REPORTING FORM (if applicable)

8. RESPONSES TO TECHNICAL, PAST PERFORMANCE & WORKSITE SAFETY (DETAILED IN SECTIONS L and M)

It is required that you write the solicitation number on the outside of your envelope. Offers must be mailed or hand delivered (faxed or e-mailed offers will not be accepted). Please keep a copy of your quote for your records.

Return to: USFS - Region 4 - Utah Acquisition Support Center

ATTN: Tamera Draper

2222 West 2300 South

Salt Lake City, UT 84119

Solicitation No: AG-84N8-S-16-0103

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED AND VALID IN THE SYSTEM FOR AWARD

MANAGEMENT – SAM - DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION.

THE WEBSITE IS WWW.ACQUISITION.GOV; CONTRACTORS SHALL ALSO BE REGISTERED IN THE SAM

DATABASE UNDER THE NAICS CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER, OR

DEMONSTRATE THEIR ABILITY TO QUALIFY AS A SMALL BUSINESS UNDER THE IDENTIFIED NAICS CODE.

http://www.acquisition.gov/

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-84N8-S-16-0103

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/14/2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

802996

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Utah Acquisition Support Center 2222 West 2300 South

9. FOR INFORMATION

CALL:

A. NAME

Tamera Draper

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

801.975.3370

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):

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See 15.)

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

10 Days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1:00 p.m. local time July 20, 2016. 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 30 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

(4 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 84N8 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 B

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

Base Bid (Asphalt Overlay Milepost 4.7 to 5.51)

Item # Description Method & Unit of Measure Qty Unit Price Price Notes

151.01 Mobilization LSQ 1 $ $

209.01 Asphalt/Roadbase Removal at Transitions, Include Haul Off CY 31 $ $ Transitions at MP 4.7 & 5.51

301.01 Crushed Aggregate: Gradation C Compaction Method D Furnish and Place, Include Haul (Bridge transition MP 4.7) AQ - Ton 21 $ $

6" road base at the third bridge

MP 4.7

301.01a Crushed Aggregate: Gradation C Compaction Method D Furnish and Place, Include Haul (Shoulder Material) AQ - Ton 71.3 $ $

Road Base for shouldering material MP 4.7 - 5.51

403.01 Hot Asphalt Concrete Pavement Class A, Grading B, Furnish and Place, Include Haul AQ - Ton 1790 $ $

3" asphalt overlay MP 4.7 - 5.51, Palisades transition, and 5 transition dips

412.01 Tack Coat Grade: CSS-1-H Cationic Emulsified Asphalt AQ - Gallon 1570 $ $ Tack oil for asphalt .15 gal/SY

MP 4.7 - 5.51

520.01 Saw cut asphalt 2" thick LF 75 $ $ Transitions at MP 4.7 & 5.51

622.01 Equipment Rental - Broom (Equiv. to Broce RJ-350) AQ - Hr 8 $ $ Broom from MP 4.7 to 5.51

Sub total

Option A (Subgrade Preparation Milepost 0.0 to 1.1)

Item # Description Method & Unit of Measure Qty Unit Price Price Notes

152.01 Construction Survey and Staking LSQ 1 $ $

Survey and staking road prism MP 0.0 to 1.1

207.01 Geotextile 20' x 300' AQ - SF 6000 $ $ Geotextile at MP .75

212.01 Linear Grading AQ - Mile 1.1 $ $

Road prism grading and shaping MP 0.0 to 1.1

301.01 Crushed Aggregate: Gradation C Compaction Method D Furnish and Place, Include Haul (Base for Roadway) AQ - Ton 2200 $ $

4' wide 6" compacted thick-ness of road base from MP 0.0 to 1.1 and 3" compacted thickness of road base 300' x 20' at MP .75

Sub total

Option B (2.5" Paving and Shouldering Milepost 0.0 to 1.1)

209.01 Bridge Asphalt Removal and Haul Off CY 19 $ $

Remove and haul of 2" thickness AC on bridges at MP 0.0 and 1.0

301.01a Crushed Aggregate: Gradation C Compaction Method D Furnish and Place, Include Haul (Shoulder Material) AQ - Ton 82 $ $

Road Base for shouldering material MP 0.0 to 1.1

403.01 Hot Asphalt Concrete Pavement Class A, Grading B, Furnish and Place, Include Haul AQ - Ton 1840 $ $ 2.5" asphalt MP 0.0 - 1.1

412.02 Tack Coat Grade: CSS-1-H Cationic Emulsified Asphalt AQ - Gallon 52 $ $ Tack oil for asphalt on bridges .15 gal/SY MP 0.0 and 1.0

Sub total $

Total $

Name of Company (please print): Date:

Signature of Company Agent: DUNs Number:

E-Mail Address: Phone Number:

The offeror shall insert a quote in the Bid Schedule opposite each pay name listed on the Schedule. An offer is not to be tendered for any item not listed. All other items not listed are incidental to one of the items listed above.

B.2. SET ASIDE: This solicitation is set-aside 100% for Small Business.

B.3 PAYMENT FOR BOND PREMIUMS: Payment for bond premiums in accordance with Clause 52.232-5, Payments under

Fixed-Price Construction Contracts, shall not be in addition to contract price. Include bond costs under 001 Mobilization if applicable (this project is not anticipated to require bonding).

B.4 PRE-BID SITE VISIT: A formal site visit has been scheduled for July 7, 2016 at 12:30. Plan to meet at Navajo Cliffs

Parking area along forest road 218. The Parking area is approximately .2 miles from the junction of Highway 44 and forest road 218. This junction is 6 miles south of Manila, Utah. Government Point of Contact will be Valton Mortenson

(phone number is 435.790.5989 (vmortenson@fs.fed.us)).

B.5 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS (FAR 36.204)

The Government Estimate for this project is between $250,000 and $500,000.

B.6 WRITTEN ACCEPTANCE

Any contract resulting from this solicitation will require written acceptance within 5 (five) days of receipt by the Contractor.

B.7 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from August 22, 2016 through October 5, 2016.

(End of Clause) mailto:vmortenson@fs.fed.us))

PART 1 – THE SCHEDULE

SECTION C - Description/specifications/Statement of Work

General Specifications

(FINAL 5/11/2016)

C.1 SCOPE OF CONTRACT

A. This project consists of paving sections of the Sheep Creek Geologic Loop Road.

B. A list of required work at applicable mileposts along the road for the BASE BID is shown below:

Milepost Description

4.7 Begin Upper Section of Work (South west side of the 3rd bridge)

4.7 Saw cut asphalt perpendicular with the road 50 feet from bridge abutment (as marked on the ground, remove asphalt, compact material, remove all roadway material within 10 feet of south west bridge abutment to a depth of 9 inches, replace with 6 inches of compacted crushed aggregate and place to the south west bridge abutment.

4.7 –

5.51

Overlay this section of road with 3 inch thickness of asphalt to a width of 22 feet. Sweep existing roadway, tack the existing pavement, place a skim patch of asphalt to fill in ruts and potholes, place a

3 inch thick compacted later of asphalt 22 feet wide for roadway, and place 1 foot road base shoulder on both sides of the road. Note: There are 5 dips along this section of road which shall be filled with asphalt.

5.5 Palisades Picnic Area. Provide and take a 20 foot long asphalt apron matching the existing pavement into Palisades Picnic Area.

5.51 Saw cut existing chip and sealed road and remove 50 feet long section of pavement to make a smooth transition into the existing road.

C. A list of required work at applicable mileposts along the road for the Optional Bid Items A and B are shown below:

Milepost Description

0 Entrance to lower bridge. Bridge is 65 feet x 26 feet with 2 inch asphalt overlay. Remove asphalt, place tack coat, and pave crown section 2 inches at edges and 3 inches crown in middle of the bridge.

0 – 1.1 Lower Section of Work. Widen road section for a 20 foot paved road with 1 foot shoulders on both sides. Haul and place 4 feet wide, 6 inch thick compacted roadbase (for road widening), crown or superelevate road section and compact, place 2.5 inch thick compacted asphalt roadway 20 feet wide, and place 1 foot roadbase shoulders on both sides of the road.

0.55 Entrance to Carmel Campground. Pave a 10 foot long apron into Carmel Campground.

0.75 Wet Section of Road. Place a 20 foot x 300 foot geotextile and 300 foot x 20 foot x 3 inch compacted roadbase on top of geotextile.

1 “2nd” Bridge. Bridge is 54 feet x 26 feet with 2 inch asphalt overlay. Remove asphalt, place tack coat, and pave crown section 2 inches at edges and 3 inch crown in middle of the bridge.

1.1 Cattleguard. End of Lower Section of Work.

C.2 PROJECT LOCATION

A. The project is located 6 miles south of Manila, Utah on the lower portion of the Sheep Creek Geologic Loop Road, forest road 218.

C.3 SITE INFORMATION AND LIMITATIONS

A. The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

1. The Contractor is responsible for the security of the Contractor’s equipment and materials.

2. Water for road watering purposes is available at Big Springs just below Palisades Picnic Area.

C.4 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

A. The contractor is required to submit a construction schedule and traffic control plan for approval. The Forest

Service will allow complete closure of sections of the road for paving operations after Labor Day on week days. All sections of the road shall be reopened for weekend travel. No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the CO. Construction signing for traffic control and all work areas shall conform to the Manual of Uniform Traffic Control devices (MUTCD). Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C.5 STAGING AND STORAGE AREAS

A. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work) on site.

C.6 INSPECTION OF WORKSITE

A. The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its costs.

Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the

Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.7 ANTICIPATED START DATE AND CONTRACT TIME

A. Start date is estimated to be within 10 days of Notice of Award with all activities completed 45 calendar days after issuance of Notice to Proceed. Anticipated state date is August 22, 2016.

C.8 SPECIFICATIONS

A. FP-03 Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects and Forest

Service Supplement.

C.9 452.211-72 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.

C.10 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from August 22, 2016 through October 5, 2016.

(End of Clause)

C.11 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

C.12 452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a place a time that is mutually agreeable to both parties.

SECTION D - Packaging and Marking

(There are no clauses associated with this section)

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

Periodic field inspections will be made by the Contracting Officer’s Representative (COR). Work not completed to contract

Standards shall be rejected and reworked without additional compensation to the Contractor.

E.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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture

Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

(End of clause)

E.3 CLAUSES BY REFERENCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (APR 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - Deliveries or Performance

F.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture

F.3 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 (ten) 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 45 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.4 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 2 (two) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 proposes to carry out the work.

The maximum workweek that will be approved is negotiable between the Forest Service and the awardee.

SECTION G - Contract Administration Data

G.1 CONTRACTING OFFICE

The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number. Communications shall be directed to:

Utah Acquisition Support Center, Tamera Draper, Contracting Officer

2222 West 2300 South, 2nd Floor

Phone: 801.975.3370 - E-Mail: tdraper01@fs.fed.us

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter. Each awarded task order may have an individual Contracting Officer’s Representative (COR) designated by appointment letter.

G.3 SUBCONTRACTS

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the Contracting

Officer and submit information required by the Contracting Officer, including a signed SF-1413 and report the percentage of subcontracting performed on this project (See Exhibit #4).

G.4 MEASUREMENT

Units of measurement shall be as indicated in the Schedule of Items.

G.5 GOVERNMENT FURNISHED PROPERTY

There is no government furnished property on this project.

G.6 PERFORMANCE AND PAYMENT BONDS

In accordance with FAR 52.228-15, Performance and Payment Bonds-Construction, bonding will be required according to the amount of the contract award.

G.7 SUBMISSION OF INVOICES

1. Invoice Processing Platform (IPP)

The Contractor shall utilize the Invoice Processing Platform (IPP) for the electronic submission and tracking of purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers.

A one-time enrollment in IPP will generate a series of emails that will be sent to the point of contact established in your

SAM.gov account. The first email will be from “IPP User Administration” and will contain the IPP login ID and link to the

IPP Website. A second email from “Treasure UPS User Administration” containing the password will be sent within 24 hours. Once both emails are received, the Contractor will login to the IPP application and complete the registration process. After login, you will be able to access IPP training information.

IPP System benefits include the ability to create invoices directly from a contract award and submit them electronically, as well as:

Email notification when invoice(s) are paid

Online payment history

Email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For additional information, please visit the www.ipp.gov website to learn more. The IPP Customer

Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973.3131 or they can be reached at IPPCustomerSupport@fms.treas.gov.

mailto:tdraper01@fs.fed.us http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

2. Proper Invoice

When accessing the IPP system, Contractors will be required to provide information necessary for the creation of a proper invoice. A proper invoice shall contain, at a minimum, the following information:

Name and address of the contractor

Invoice date and invoice number

Contract number or other authorization for supplies delivered or services performed

Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed

Shipping and payment terms

Name and address of contractor office to whom payment is to be sent

Name, title, phone number, and mailing address of person to notify in the event of a defective invoice

Taxpayer Identification Number if required by agency

Electronic funds transfer banking information (only if required by agency)

SECTION H - Special Contract Requirements

H.1 KEY PERSONNEL

The Contractor shall assign to this contract a: Project Manager.

In addition, the key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the

Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H.2 ORDER OF PRECEDENCE - CONSTRUCTION

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

(1) Bid Schedule

(2) Representations and other instructions

(3) Contract Clauses

(4) Other documents, exhibits, and attachments

(5) Forest Service Supplemental Specifications (FSSS)

(6) Standard Specifications

(7) (a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

(8) Shop Drawings

H.3 WAGE DETERMINATION

The wage determination applicable to this contract resulting from this solicitation is determined by the location of the Contractor’s establishment. See Section J, Exhibit 1, Wage Determination.

H.4 52.236-8 Other Contracts. (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.5 452.236-77 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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

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 accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations

– http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULAITON (48 CFR CHAPTER 1) CLAUSES

I.2 CLAUSES BY REFERENCE

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)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for

Debarment. (OCT 2015)

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

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

52.219-8 Utilization of Small Business Concerns. (OCT 2014)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - 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)

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

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-37 Employment Reports on Veterans. (FEB 2016)

52.222-38 Compliance with Veterans' Employment Reporting Requirements. (FEB 2016)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

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

52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications. (OCT 2015)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

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

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

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-16 Progress Payments. (APR 2012)

52.232-17 Interest. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

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)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

52.245-1 Government Property. (APR 2012)

52.246-21 Warranty of Construction. (MAR 1994)

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

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

452.236-72 Use of Premises. (NOV 1996)

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

I.3 CLAUSES IN FULL TEXT

I.3.1 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).*

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

I.3.2 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

I.3.3 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States

Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I.3.4 52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-

300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal

Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.3.5 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-

741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of

$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.3.6 52.225-9 Buy American - Construction Materials. (MAY 2014)

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

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

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

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

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

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

Cost of components means-

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

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

Domestic construction material means-

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

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

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

(ii) The construction material is a COTS item.

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of

Measure Quantity

Price

(Dollars)*

Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information.

(End of clause)

I.3.7 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

I.3.8 52.228-1 Bid Guarantee. (SEP 1996)

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

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

Officer will return bid guarantees, other than bid bonds-

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

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

Contracting Officer may terminate the contract for default.

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

(End of provision)

I.3.9 52.228-2 Additional Bond Security. (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting

Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the

Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

(End of clause)

I.3.10 52.228-11 Pledges of Assets. (JAN 2012)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond -

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) Pledges of assets from each person acting as an individual surety shall be in the form of -

(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or

(2) A recorded lien on real estate. The offeror will be required to provide -

(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other…