GAOA Blue Mtn.Scenic Hwy ChipSeal Solicitation.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1240BH21R0028

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/24/2021

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Procurement & Property Services NW Zone CSA 6 – Construction & AE Group 1220 SW 3rd Avenue Portland, OR. 97204

Email Submission Only Note: Due to COVID-19, all proposal documents must be emailed to leslie.solberg@usda.gov

9. FOR INFORMATION

CALL:

A. NAME

Leslie Solberg

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 503-668-1667

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):

GAOA Blue Mountain Scenic Byway Chip Seal-Road Repair, Umatilla National Forest

This is a set-aside for Total Small Business – Contractors must be registered in SAM

NAICS code: 237310 (Highway, Street, and Bridge Construction)

Price Range (FAR 36.204) The Government's estimate is between $1,000.000 and $5,000.000

Proposal due on 06/23/2021 by 4pm (PDT) Emailed to block #8, Estimated Start Date is 07/01/2021

See page 40 for required documents to be submitted for evaluation

11. The Contractor shall begin performance within 14 calendar days and complete it within 90 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 8 by 4pm(PDT) local time 06/23/2021. 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 60 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) mailto:leslie.solberg@usda.gov

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 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 _1___ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Item Number

Sub Item No.

Item Description Quantity Order

Unit of Measurement

Unit Price

Total Price

Base Bid Items 1 15101 Mobilization All Lump Sum XXXX $

2 40701 Single Course Chip Seal Type 1B, ½ Inch (Commercial Source)

33.46 Miles $

3 40706 Asphalt Emulsion, CRS-2P 900 Tons $ $ 4 63501 Temporary Traffic Control All Lump Sum XXXX $

TOTAL BASE ITEMS $

Bid Options 5 15101 Mobilization All Lump Sum XXXX $

6 40701 Single Course Chip Seal Type 1B, ½ Inch (Commercial Source)

22.05 Miles $

7 40706 Asphalt Emulsion, CRS-2P 600 Tons $ $ 8 63501 Temporary Traffic Control All Lump Sum XXXX $

TOTAL OPTION ITEMS $

TOTAL ALL ITEMS $

Offeror shall submit an offer for each item of work listed on the Schedule of Items.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Note: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in additions to the contract price.

SECTION C—DESCRIPTION /SPECIFICATIONS/STATEMENT OF WORK

C-1 SUMMARY OF WORK

This project consists of preparing the asphalt surface and placing a single course chip seal on sections of National Forest System Roads 52 and 53, also known as the Blue Mountain Scenic Byway. There are Base and Optional Work Items in this solicitation. The Base Items consist of selectively preparing multiple sections of Road 52 from Umatilla County Road 1475 to the junction of FSR 51. Existing asphalt surface to be prepared, where areas of distress have occurred, is a combination of BST, asphalt patching, and thin asphalt overlay with an average thickness of 1”-2”, although there are some thicker spots along the route. After preparing approximately 5 miles of road (locations to be staked on the ground by the FS), a chip-seal using CRS-2P oil and 1/2” Chip Rock (commercial source) would be placed over the entire 33.46 mile section. Optional work items include similar work on a 22.05 mile section of NFSR 53 between junction of Highway 244 and Highway 395 to the junction of NFSR 53 and NSFR 21. For the optional items, road surface will be prepared and covered with the same chip seal as the Base Work Items and will include permanent striping. The location and quantities of the optional work items will vary dependent on the availability of funding. These locations will be marked on the ground by the Forest Service prior to commencement of work in the area. Staging areas for chip rock, to be established at approximately 5 mile intervals as available, along the routes prior to award.

Temporary traffic control utilizing flaggers and pilot car operations shall be required.

C-2 PROJECT LOCATION

This project is located approximately 5 miles south of Ukiah, OR and ends approximately 50 miles west of Baker City, OR. To reach the location of the Base Items of Work, travel 5 miles south of Ukiah, OR on the Umatilla County Road 1475, T 6 S, R 32 E, SEC. 6 where the project begins. Project follows FSR 52 for 33.46 miles to the end of the project at the junction of NFR 51, T 7 S, R 35 1/2 E, SEC. 23.

The Optional Items of Work is located from the junction of Hwy 395 and Hwy 244 on NFRS 53, T 5 S, R 31 E, SEC. 15. From the junction, continue 22.05 miles on Road 53 to the junction with NFSR 21, T

5 S, R 28 E, SEC. 4.

C-3 CURRENT CONDITIONS AND TASKS TO ACCOMPLISH

Requirements

1. Contractor shall provide all equipment, supplies, superintendence, materials and labor necessary to complete the work in accordance with the specifications and drawings.

2. Contractor shall provide a written traffic control plan prior to commencement of work. Warning signs and temporary traffic control shall be provided by the contractor and placed in accordance with MUTCD standards while work is in progress. Flaggers and pilot car will be required. Pilot traffic at regular intervals to minimize delay.

3. Work shall be conducted in accordance with the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 as supplemented by the attached Forest Service Supplemental Specifications, the attached drawings, and the FAR Clauses listed in the parent contract.

4. If necessary, Contractor shall be responsible for conducting the appropriate locates prior to any ground disturbance.

5. Water is considered indirect to the project.

6. Overload Permits shall be required for all bridge crossings. The application for the overload permit may be found: https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd534640.pdf

7. No work shall be performed between July 2 and July 5 or September 3 and September 7 due to heavy traffic holidays.

Allow 2 weeks from submittal of complete application for approval of the permit.

Measurement and payment for all work done on this project shall be in accordance with the Standard Specifications for Construction of Roads and Bridges on Federal Highways Projects, FP-14, and the attached Supplemental Project Specifications.

Inspection will be defined in the FP-14 and the Forest Service Supplemental Specifications

Environmental

Road 52 and 53 Chip Seal Hydrologic Explanation of No Effect Enclosed provides a brief explanation of areas along roads 52 and 53 where chip seal activities are within 300 feet of a stream. Road activity distance from streams, landform position, other man made or natural barriers, and application of PDCs will result in a no effect on stream pollution or turbidity. CRS- 2P oil used to bind rock chips is stable 3 to 5 minutes after application. Due to a quick set time there is no chance for oil transportation. Application of PDC 1.b and 1.c ensures no transportation of binding agent. If turbidity occurs as rock chips are washed by rain of fine and very fine sediment the effects to stream turbidity will be short lived and no longer than a day. Application of all PDCs and specific PDCs as indicated for reaches will ensure short lived or no turbidity in adjacent stream reaches.

Reach Discussion:

Reach 17070202000427 has Road 53 crossing of Ditch Creek within a meadow RHCA approximately

0.18 miles from the junction of Road 53 and Forest Road 603. The roadbed is higher than surrounding landscape. PDCs 2.e is applicable for this area.

Reach 17070202000656 has a crossing with Road 53 and Pale Creek in a moderately sloping forested area with a narrow flood plain. Roadbed is higher than surrounding landscape. The roadbed is higher than surrounding landscape. PDC 2.e is applicable for this area.

Reach 17070702000706 portion of Deerlick Creek parallels Road 53 sporadically for 1.5 miles.

Proximity to the stream is within 300 feet for this area but no closer than 250 feet. The stream is in a narrow moderately sloping drainage debouching on to a wider flood plain for the last 0.75 miles of the reach. The road is above the stream on a plateau landform for the first part of the reach dropping down on to a lower broad bench of the plateau on the lower part of the reach. PDC 2.f is applicable for the upper half of the reach and general application of PDCs for the broader flood plain portion of the reach.

Reach 17070202000594 portion of Trout Creek parallels Road 52 for the lower 0.8 miles. Proximity to the stream is within 300 feet but is no closer than 250 feet. There is a two-track road between Road 52 and the stream. The road is on an elevated bench from the flood plain and surrounded by conifers. PDC 2.f is applicable for this portion of the reach.

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd534640.pdf

Reach 17070202000593 portion of Trout Creek parallels Road 52 for the entire reach. Proximity to the stream is within 300 feet and as close as 150 feet to the stream. The road is on an elevated landform removed from the moderately broad flood plain below. A two-track road immediately adjacent to the flood plain separates the meadow area for the entire length of the reach from Road 52. PDCs 2.e and 2.f is applicable for this portion of the road activity.

Reach 17070202001400 portion of Davis Creek is traversed by Road 52 and the entire reach is within 300 feet of the road. Reach 170702001401 is within 300 feet of the road. The road is elevated from the surrounding meadow flood plain. Application of general PDCs for the broader flood plain portion of the reach.

The lower part of reach 17070202001089 on Trail Creek is within 300 feet of Road 52 and as close 100 feet. The stream is in a moderately narrow flood plain with moderate to steep slopes. The reach traverses the stream. The area where the road crosses the stream application of PDC 2.e is required. Areas within 100 feet and parallel to the road require PDC 2.f.

Reaches 17070202000254 and 17070202000256 of parts of North Fork John Day River are within 300 feet of the road. The river has a moderate flood plain for these portions of each reach. There is a paved road located between Road 52 and the river for most of the length of the reaches. Road 52 is elevated on a landform above the river flood plain. General application of PDCs are applicable for this portion of the road activity.

GIS folder with shapefiles used for analysis is located:

T:\FS\NFS\Umatilla\Program\Watershed-2500\bpark\BlueMtnChipseal-Fish.mxd

Recommended PDCs for Chip Seal Activities

1. Precautions to prevent any transport of chemicals or sediment off the project site included in the project design are as follows:

a. At locations within the project area where the shoulder of the road, fill slope and stream bank are coincident and there is no riparian vegetation, absorbent straw waddles will be placed adjacent to the pavement surface. Although the probability is low, any asphalt emulsion that may be splashed outside the road surface would be captured and solidify in the straw waddles.

b. No emulsion will be applied more than ten minutes ahead of chip placement when weather forecasts predict a 40% chance of rain or greater within 24 hours.

c. Operations will be suspended if rainfall appears probable (i.e. rain moves into the area unexpectedly)

d. During brooming operations in areas where straw waddles are placed loose chips will be broomed away from the straw waddles and stream

e. Operations may not begin until the contractor presents a completed Pollution and Spill Control Plan for review and acceptance by Forest Service personnel.

f. Drafting of water from any fish bearing stream for project implementation will occur only by approval of Fish Biologist and Hydrologist. Stream water use may be subject to the following:

i. A channel cross section will be taken at each withdrawal site to establish a known flow profile for those sites. These will be agreed to by the Level I team. Several river flow stages shall be staked on each bank to allow an ocular estimate of flow by the Contracting Officer, the Contracting Officer’s Representative, or the contractor. Daily ocular flow readings shall be documented in a Daily Diary and reported to the Services periodically throughout the project implementation phase.

ii. Drafting of river water shall also comply with the Terms and Conditions stipulated by regulatory agencies.

2. A Pollution Control Plan (PCP) will be prepared by the contractor. The PCP will outline how and to what specifications various erosion and pollution control devices will be used to meet water quality standards and will provide a specific inspection protocol and time response.

Erosion control measures shall be sufficient to ensure compliance with applicable water quality standards. The PCP shall be maintained on site and shall be available for review upon request.

The following conditions must be met.

a. Effective erosion control measures shall be in-place at all times during the contract.

Erosion control structures will be maintained throughout the life of the project.

i. Biobags, weed-free straw bales and loose straw may be used for temporary erosion control.

b. All erosion control devices will be inspected throughout the construction period to ensure that they are working adequately. Erosion control devices will be inspected daily during the rainy season, weekly during the dry season, and monthly on inactive sites. Work crews will be mobilized to make immediate repairs to the erosion controls, or to install erosion controls during working and off-hours. Should a control measure not function effectively, the control measure will be immediately repaired or replaced, and the reason

(s) for the repair or replacement along with a proposed solution will be documented in the final project report (see T&C 6). Additional erosion controls will be installed as necessary.

c. A supply of erosion control materials (e.g., straw bales and clean straw mulch) will be kept on hand to cover small sites that may become bare and to respond to sediment emergencies.

d. Unneeded material removed during excavation shall only be placed in upland locations where it cannot enter sensitive aquatic habitat. Conservation of topsoil (removal, storage, and reuse) will be employed when practicable.

e. Measures will be taken to prevent construction debris from falling into any aquatic habitat. Sweeping of chipped rock away from streams when road surface is within 100 feet of the stream is required for identified sections of the road. Chipped rock can be gathered for use elsewhere or distributed on road shoulder not exceeding 8 inches total newly applied chipped rock.

f. If the road parallels the stream and within 100 feet, they can leave the rock on the upslope side of the road but must remove rock within 100 feet of downslope side of the road.

g. Project actions will follow all provisions of the Clean Water Act (40 CFR Subchapter D) and Department of State Lands (DSL) provisions for maintenance of water quality standards. Toxic substances shall not be introduced above natural background levels in Waters of the State in amounts which may be harmful to aquatic life.

h. The Contractor will develop and implement an adequate, site-specific Spill Prevention and Countermeasure or PCP, and is responsible for containment and removal of any toxicants released. The PCP shall include the following:

i. A site plan and narrative describing the methods of erosion/sediment control to be used to prevent erosion and sediment for contractor’s operations related to disposal sites, borrow pit operations, haul roads, equipment storage sites, fueling operations and staging areas.

ii. Methods for confining, removing, and disposing of excess construction materials, and measures for equipment washout facilities.

iii. A spill containment and control plan that includes: notification procedures;

specific containment and clean up measures which will be available on site;

proposed methods for disposal of spilled materials; and employee training for spill containment.

iv. Measures to be used to reduce and recycle hazardous and non-hazardous waste generated from the project. This information will include the types of materials, estimated quantity, storage methods, and disposal methods.

v. The person identified as the Erosion and Pollutant Control Manager (EPCM) shall also be responsible for the management of the contractor=s PCP.

i. Areas for fuel storage, refueling and servicing of construction equipment and vehicles will be located outside of RHCAs and in areas where surface flow exceeds 500 feet before potential stream input. Overnight storage of non-wheeled vehicles shall be kept out of RHCAs and exceeding 500 feet from potential surficial flow input to streams.

3. Riparian Habitat Protection Measures include the following:

a. No vegetation clearing will be identified in contract specifications. Ground will not be disturbed beyond the indicated boundary.

b. Altering native vegetation will be minimized. If vegetation is disturbed it will be protected, within seven days, from erosion using vegetation or other means). Invasive exotic species (e.g. Himalayan blackberry) will not be protected, although invasive species will not be chemically treated.

C-4 LIST OF SUBMITTALS

The contractor is responsible for furnishing the following submittals prior to the work. Submit the number of sets for each material type.

Submittals Referenced by Specification No.

Time of Government Approval After Submittal

Number of Sets

Pollution Control Plan PCP Clause 2 Weeks 1 Traffic Control Plan FSSS 156 & Traffic

Control Clause 2 Weeks 1

Safety Plan Safety Clause 2 Weeks 1 Hazardous Spill Plan FAR 52.223-3 & FSSS

2 Weeks 1

Fire Plan Section J List of Attachments

2 Weeks 1

Contractor Quality Control Plan FP-03 153.02 2 Weeks 1 Construction Schedule 52.236-15 2 Weeks 1 Forest Service Overload Permits Commercial Road

Use Rules 30 days 1

Performance and Payment Bonds

FAR 52.228-15 Prior to Prework Meeting

Bid Guarantee FAR 52.228-1 Submit with Bid

Samples The following samples shall be submitted on this project:

Title Referenced By Specification No.

Time of Government Approval after Submittal

Aggregate FP- 14 407.04(a) 2 weeks

Material Certifications and Testing Reports The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced by Specification No.

Asphalt certification (in lieu of samples) FP-14 407.04(b)

Road use and Maintenance Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Road No.

Termini

Authorizations, Restrictions & Requirements

Maintenance Required (Yes or No)

NFSR’s 52 and53 Highway Legal, overload only by Forest

Permit

N

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current Wallowa-Whitman National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

C.5 MAGNITUDE OF CONSTRUCTION PROJECT

Price Range (FAR 36.204) The Government’s estimate is between $1,000.000 and $5,000.000 (including optional items)

C.6 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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 part of this solicitation and any resultant contract.

C.8 BIOBASED PROGRAM REQUIREMENTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Absorbents Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases

Dust suppressant 2-cycle engine oil

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

https://www.acquisition.gov/?q=browsefar

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 09/30/2021. The time stated for completion shall include final cleanup of the premises.

Work is expected to begin on or before July 1, 2021.

Work is expected to be completed this season but will be dependent on weather conditions and temperature (if forecasts predict low temperatures below 40 degrees Fahrenheit, chip seal work will not be allowed). All work is to be completed within 90 calendar days of commencement of work items, or by September 30th, 2021.

Contractor shall submit a detailed schedule for completion with their pricing.

F.3 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 5:30 a.m. and 7:00 p.m., Monday through Friday, unless other hours are approved in writing by the CO. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(c) Blasting Precautions and Methods - The Contractor shall comply with State and Federal laws in regards to transportation, storage and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads or trails. Detonation of explosives will be restricted to Monday through Friday inclusive between 8 a.m. and 5 p.m.

http://www.arnet.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and he within 10 days after the date of contract award. The conference will be held virtually through Teams.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

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

G.3 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $_______________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-2. PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-3. CONTRACTOR’S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-4. SAFETY

In addition to the hazards listed in the original contract, the following inherently hazardous conditions may exist on the job site. Contractor shall submit a job-specific safety plan that addresses, at a minimum, the hazards listed in the parent contract and other additional hazards. The safety plan shall be submitted to the Contracting Officer no later than at the post-award meeting. Work shall not commence on this project if the Contractor fails to provide the CO with a safety plan.

H-5. TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-6. CONTROL OF MATERIAL

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points.

Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-7. SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUN 2020) 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 (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020)

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 (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreement or Statements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |

(MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Representation (NOV 2020) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employees Rights Under the National Labor Relations Act

(DEC 2010)

52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving

(JUN 2020)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance—Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety-Pledges of Assets (FEB 2021) (DEVIATION APR 2020)

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 (JUN 2020)(DEVIATION APR

2020) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

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