AG-9AC7-S-15-0054_Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

731593

USDA FOREST SERVICE

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

9AC7

MARILYN LADD

Northern CA Acquistion Service Area 3644 Avtech Parkway Redding, CA 96002

MARILYN LADD 530-226-2451

297576 x 02/13/2015

AG-9AC7-S-15-0054

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

SUGARCREEK STORMPROOFING, PHASE II

KLAMATH NATIONAL FOREST

SISKIYOU COUNTY

GOVERNMENT ESTIMATE: Between $500,000 - $1,000,000

NAICS: 237310

Size Standard: $36.5 M

Set-Aside: 100% HubZone

DUNS:_________________________________

EMAIL:_________________________________

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

5 118 calendar days and complete it within ________________ ________________ calendar days after receiving

03/17/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

9AC7

MARILYN LADD

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AC7-S-15-0054

Sugar Creek Stormproofing Phase II

Klamath National Forest

Siskiyou County

Delivery: 118 Days After Notice to Proceed

Delivery Location Code: 91W8

USDA FOREST SERVICE

KLAMATH NATIONAL FOREST

1711 S MAIN STREET

YREKA CA 96097 US

FOB: Destination

001 Sugar Creek Stormproofing Phase 2.

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 04/15/2015 to 08/11/2015

AAP # 297576

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

PART I - SCHEDULE OF ITEMS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B.1 Option for Increased Quantity—Separately Priced Line Item (FAR 52.217-7) (Mar 1989)

B.2 Note Regarding Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

C.2 LOCATION OF PROJECT

C.3 SEASONAL RESTRICTION

C.4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

C.5 ERRATA

C.6 CONTRACT TIME AND ESTIMATED START WORK DATE

C.7 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

SECTION D – GOVERNMENT FURNISHED PROPERTY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection of Construction FAR 52.246-12 (APR 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998)

F.2 Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (APR 1984)

F.3 Schedules for Construction Contracts, FAR 52.236-15 (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Postaward Conference, AGAR 452.215-73 (NOV 1996)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Emergency Response, AGAR 452.236-77 (NOV 1996)

H.2 Invoice Processing Platform (IPP)

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998)

I.4 Bid Guarantee, FAR 52.228-1 (SEP 1996)

I.5 52.232-18 Availability of Funds. (Apr 1984)

I.6 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants -Alternate 1, AGAR 452.209.71 (Feb 2012)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Sugar Creek Stormproofing, Phase II, Klamath NF - 4 -

AG-9AC7-S-15-0054

J.1 Attachments to Statements of Work/Specifications, AGAR 452.211-73 (FEB 1988)

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

K.1 FAR 52.223-1 Biobased Product Certification MAY 2012)

K.2 Annual Representations and Certifications, FAR 52.204-8 (DEC 2014)

K.3 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, AGAR 452.209–70 (DEVIATION 2012-01) (FEB 2012) Alternate 1 (Feb 2012)

K.4 Size Standard and NAICS Code Information, AGAR 452.219-70 (SEP 2001)

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

L.1 Inquiries AGAR 452.204-70 (FEB 1988)

L.2 System for Award Management, FAR 52.204-7 (JUL 2013)

L.3 Instructions to Offerors—Competitive Acquisition, FAR 52.215-1 (JAN 2004)

L.4 Type of Contract, FAR 52.216-1 (APR 1984)

L.5 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction, FAR 52.222-23 (FEB 1999)

L.6 Notice of Buy American Act Requirement - Construction Materials, FAR 52.225-10 (MAY 2014)

L.7 Service of Protest, FAR 52.233-2 (SEP 2006)

L.8 Preparation of Proposals – Construction, FAR 52.236-28 (OCT 1997)

L.9 Instructions for the Preparation of Technical and Business Proposals

L.10 Site Visit, FAR 52.237-1 (Apr 1984)

SECTION M - EVALUATION FACTORS FOR AWARD

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PART I - SCHEDULE OF ITEMS

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

Sugar Creek Stormproofing, Phase II Klamath National Forest

ITEM # ITEM UNIT ESTIMATED

QUANTITY

UNIT RATE TOTAL COST

Project - BASE PROJECT

15101 Mobilization LS 1 $_________ $_________

15714 Soil Erosion & Pollution Prevention Plan LS 1 $_________ $_________

20104 Clearing & Grubbing, Disposal of Tops & Limbs (F), Logs (Deck), Stumps (F)

MILE 6.28 $_________ $_________

20305 Removal of CMPs EA 6 $_________ $_________

20401 Excavation, Placement Method B, Compaction B

CY 2205 $_________ $_________

20402 Excavation, Placement Method B, Compaction B

MILE 6.01 $_________ $_________

20420A* Drainage Excavation - Type IV Rolling Dip EA 136 $_________ $_________

20420B* Drainage Excavation - Low Water Crossing EA 1 $_________ $_________

25161 Install Boulder Barrier, 27 CF Min. Size EA 8 $_________ $_________

30304 Roadbed Reconstruction, Construct Drainage Ditch

MILE 0.03 $_________ $_________

30111 Aggregate, Type Surface Course, Commercial Source, Grading C, Compaction C (*NOT INCLUDING SURFACE

AGGREGATE IN THE ROLLING DIPS)

CY 1880 $_________ $_________

60211A 24" Dia CMP, 0.079-in thick for Stl, Method A

LF 260 $_________ $_________

60211B 30" Dia CMP, 0.109-in thick for Stl, Method A

LF 70 $_________ $_________

60211C 36" Dia CMP, 0.109-in thick for Stl, Method A

LF 140 $_________ $_________

60211D 42" Dia CMP, 0.109-in thick for Stl, Method A

LF 80 $_________ $_________

60708 Clean/Maintain Culverts in place EA 5 $_________ $_________

62529 Seeding & Mulching Dry Method ACRE 10.5 $_________ $_________

60605 Metal/Flared End Section EA 8 $_________ $_________

640000 Road Closure Devices EA 2 $_________ $_________

TOTAL BASE PROJECT = $____________

Sugar Creek Stormproofing, Phase II, Klamath NF - 6 -

ITEM # ITEM UNIT

ESTIMATED

QUANTITY UNIT RATE TOTAL COST

Project 40N66 - OPTION #1 15101 Mobilization LS 1 $_________ $_________

15714 Soil Erosion & Pollution Prevention Plan LS 1 $_________ $_________

20104 Clearing & Grubbing, Disposal of Tops & Limbs (F), Logs (Deck), Stumps (F)

MILE 2.09 $_________ $_________

20305 Removal of CMPs EA 3 $_________ $_________

20401 Excavation, Placement Method B, Compaction B CY 20 $_________ $_________

20402 Excavation, Placement Method B, Compaction B MILE 2.09 $_________ $_________

20420A* Drainage Excavation - Type IV Rolling Dip EA 42 $_________ $_________

25161 Install Boulder Barrier, 27 CF Min.

Size EA 6 $_________ $_________

30111

Aggregate, Type Surface Course, Commercial Source, Grading C, Compaction C (*NOT INCLUDING SURFACE

AGGREGATE IN THE ROLLING DIPS)

CY 1585 $_________ $_________

60211A 24" Dia CMP, 0.079-in thick for Stl, Method A LF 140 $_________ $_________

60211C 36" Dia CMP, 0.109-in thick for Stl, Method A LF 40 $_________ $_________

62529 Seeding & Mulching Dry Method ACRE 2 $_________ $_________

TOTAL OPTION 1 = $______________

ITEM # ITEM UNIT

ESTIMATED

QUANTITY UNIT RATE TOTAL COST

Project 40N65 - OPTION #2 15101 Mobilization LS 1 $_________ $_________

15714 Soil Erosion & Pollution Prevention Plan LS 1 $_________ $_________

20104 Clearing & Grubbing, Disposal of Tops & Limbs (F), Logs (Deck), Stumps (F)

MILE 0.7 $_________ $_________

20401 Excavation, Placement Method B, Compaction B CY 500 $_________ $_________

20402 Excavation, Placement Method B, Compaction B MILE 0.7 $_________ $_________

20420A* Drainage Excavation - Type IV Rolling Dip EA 8 $_________ $_________

60708 Clean/Maintain Culverts in place EA 3 $_________ $_________

62529 Seeding & Mulching Dry Method ACRE 1 $_________ $_________

TOTAL OPTION 2 = $______________

Sugar Creek Stormproofing, Phase II, Klamath NF - 7 -

ESTIMATED

QUANTITY UNIT RATE TOTAL COST

Project 40N20 - OPTION #3 15101 Mobilization LS 1 $_________ $_________

15714 Soil Erosion & Pollution Prevention Plan LS 1 $_________ $_________

20104 Clearing & Grubbing, Disposal of Tops & Limbs (F), Logs (Deck), Stumps (F)

MILE 8.35 $_________ $_________

20402 Excavation, Placement Method B, Compaction B MILE 8.35 $_________ $_________

20420A* Drainage Excavation - Type IV Rolling Dip EA 66 $_________ $_________

20420B* Drainage Excavation - Low Water Crossing EA 1 $_________ $_________

62529 Seeding & Mulching Dry Method ACRE 4 $_________ $_________

TOTAL OPTION 3= $______________

ESTIMATED

QUANTITY UNIT RATE TOTAL COST

Project 40N26B.1 - OPTION #4 15101 Mobilization LS 1 $_________ $_________

15714 Soil Erosion & Pollution Prevention Plan LS 1 $_________ $_________

20104 Clearing & Grubbing, Disposal of Tops & Limbs (F), Logs (Deck), Stumps (F)

MILE 0.29 $_________ $_________

20401 Excavation, Placement Method B, Compaction B CY 400 $_________ $_________

20402 Excavation, Placement Method B, Compaction B MILE 0.29 $_________ $_________

62529 Seeding & Mulching Dry Method ACRE 1 $_________ $_________

TOTAL OPTION 4 = $_________

GRAND TOTAL FOR BASE + ALL OPTIONS = $______________

B.1 Option for Increased Quantity—Separately Priced Line Item (FAR 52.217-7) (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor by August 15, 2015. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

B.2 Note Regarding 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 the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted

Sugar Creek Stormproofing, Phase II, Klamath NF - 8 -

SECTION C - Description/Specifications/Statement of Work

C.1 SCOPE OF WORK

The purpose of this work is to reduce sediment in streams in order to improve water quality. Contract work includes clearing and brushing the roads, removing specified existing pipes, installing new corrugated, steel pipes, cleaning specified existing culverts along with their catch basins and outlets, reducing fill volumes of soil over specified culverts, constructing drainage ditches, removing berms from the outside edge of the roadway, out-sloping the roads in designated sections, constructing aggregate reinforced rolling dips, installing boulder barriers, retrofitting existing gates and seeding and mulching areas in the construction zone.

C.2 LOCATION OF PROJECT

The project sites are located along Forest Service roads 40N26, 40N26B, 40N74, 40N75, 40N66 and 40N66A with optional additional work along Forest Service roads 40N66, 40N65, 40N20 and 40N26B.1.

All roads in the project are located on the Scott River Ranger District of the Klamath National Forest. The Project Roads are located west, northwest and northeast of Callahan, California in in Siskiyou County.

Callahan is located at the south end of Scott Valley along Highway 3, approximately 38 miles southwest of I-5. Refer to project location map.

C.3 SEASONAL RESTRICTION

Due to the requirements of threatened aquatic species, a limited operating season will be required.

Unless agreed otherwise, no work shall be performed on this project between October 15th and April 15th

C.4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

All of the specifications from the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 are applicable to this project and are a part of this solicitation and any resultant contract. The specifications are included by reference and the full specifications are available at the following website: http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

C.5 ERRATA

The words ". . . or equal", ". . .or approved equal" and ". . .equivalent to" when referring to brand name items are hereby deleted in their entirety from the FP-03 specifications.

C.6 CONTRACT TIME AND ESTIMATED START WORK DATE

Contract time for the base requirement is 118 calendar days from the effective date of the Notice to Proceed. Optional work items (if awarded) will have additional contract time included in the contract as listed below:

• Project 40N66 - OPTION #1 : 40 days

• Project 40N65 - OPTION #2: 21 days

• Project 40N20 - OPTION #3: 93 days

• Project 40N26B.1 - OPTION #4: 6 days

There is a high likelihood of more than one option item being exercised and this project is likely to occur over two field seasons because of the Seasonal Restrictions. In limited situations a contractor may work outside of the season in some weather situations; however the contractor should expect to be shut down when the seasonal restriction period begins and not resume until the following field season. Work is expected to begin in mid spring 2015 which is dependent on weather conditions and coordination with other project activities.

Sugar Creek Stormproofing, Phase II, Klamath NF - 9 -http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

C.7 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 a part of this solicitation and any resultant contract. See Table of Contents within the special project specifications for list of included special project specifications.

SECTION D – Government Furnished Property

There are no specifications in this section.

SECTION E - Inspection and Acceptance

E.1 Inspection of Construction FAR 52.246-12 (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may - Sugar Creek Stormproofing, Phase II, Klamath NF - 10 -

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

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

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

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

SECTION F - Deliveries or Performance

F.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

Variation in Estimated Quantity, FAR 52.211-18 (APR 1984) Suspension of Work, FAR 52.242-14 (APR 1984)

F.2 Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (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 118 calendar days. If options are awarded there will be an increase in contract time (see Section C). The time stated for completion shall include final cleanup of the premises.

F.3 Schedules for Construction Contracts, FAR 52.236-15 (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

Sugar Creek Stormproofing, Phase II, Klamath NF - 11 -

AG-9AC7-S-15-0054

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G - Contract Administration Data

G.1 Postaward Conference, AGAR 452.215-73 (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 mutually agreeable location.

SECTION H - Special Contract Requirements

H.1 Emergency Response, AGAR 452.236-77 (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.

H.2 Invoice Processing Platform (IPP) The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must register and submit invoices via IPP. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website https://www.ipp.gov/index.htm.

Vendors register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

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AG-9AC7-S-15-0054

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

I.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATIONS (FAR)

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (AUG 2013) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award. (Nov 2011) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.219-28 Post-Award Small Business Program Representations (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005) 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Equal Opportunity Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007)

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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. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit. (DEC 1999) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 52.232-17 Interest. (OCT 2010) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-27 Prompt Payment For Construction Contracts. (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (JUL 2013) 52.233-1 Disputes. (JUL 2002) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (DEC 2013) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

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I.2 Affirmative Procurement of Biobased Products under Service and Construction Contracts, FAR 52.223-2 (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 52.225-9 Buy American—Construction Materials. (MAY 2014)

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable

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http://www.biopreferred.gov/ http://www.sam.gov/ http://www.acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508 http://uscode.house.gov/ overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. 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).]

I.4 Bid Guarantee, FAR 52.228-1 (SEP 1996)

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

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

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

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

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

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I.5 52.232-18 Availability of Funds. (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

I.6 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants - Alternate 1, AGAR 452.209.71 (Feb 2012).

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

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PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

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

J.1 Attachments to Statements of Work/Specifications, AGAR 452.211-73 (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.

Attachment No. Description Number of Pages

1 Special Project Specifications 88

2 Project Maps & Drawings 43

3 Fire Plan 9

4 Davis Bacon WD, mod 4, dated 02/13/2015 47

5 SF-24, Bid Bond Form 2

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PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - Representations, Certifications, and Other Statements of Offerors

K.1 FAR 52.223-1 Biobased Product Certification MAY 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005

(7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements

K.2 Annual Representations and Certifications, FAR 52.204-8 (DEC 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small…