Solicitation 12035520R0001 Riley Pass Bluff A Reclamation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12035520R0001 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

Offers Are Solicited For:

Riley Pass Bluff A Reclamation

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 5 - 6

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 7 - 8

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS 9 - 16

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Government-Furnished Property C- 4 – Attachments to Statement of Work/Specifications C- 5 – Submittals C- 5 – Staging and Storage Areas C- 7 - Biobased Product Utilization C- 8 – Standard Specifications C- 9 – Forest Service FP-14 Supplemental Specifications C- 10 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE 17

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 18

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work

SECTION G – CONTRACT ADMINISTRATION 19

G- 1 –Post Award Conference G- 2 – Contracting Officer’s Representative G- 3 – Government-Furnished Property

SECTION H - SPECIAL CONTRACT REQUIREMENTS 20 - 23

H- 1 - Use of Premises H- 2 - Key Personnel H- 3 –Emergency Response H- 4 - Incidental Payment Items H- 5 - Conformity with Drawings and Specifications H- 6 - Barricades, Warning Signs, and Other Devices H- 7 - Weed Free Equipment H- 8 – Landscape Preservation

H- 9 - Invoice Processing Platform (IPP) H-10-Local Material Sources

H-11 - Contractor Performance Assessment Reporting System

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 24 - 35

I- 1 - Clauses Incorporated by Reference I- 2 – Brand Name or Equal I-3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I-4 - Foams I-5 - Buy American--Construction Materials I-6 - Bid Guarantee I-7 - Performance and Payment Bonds - Construction I-8 - Alternative Forms of Security I-9 - Insurance Coverage Alternate I I-10 - Federal, State, and Local Taxes I-11 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I-12 - Permits and Responsibilities I-13 – Archaeological or Historic Sites I-14 - Alterations In Contract I-15 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 36

J- 1 - Wage Rate Decision J- 2 – Project Specifications J- 3 – Project Drawings J- 4 – Past Performance Questionaire

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 37 - 43

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

K- 3 - Information Regarding Responsibility Matters K- 4 - Violation of Arms Control Treaties or Agreements-Certification

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 44 - 51

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 - Inquiries

L- 4 - Facsimile Proposals and E-Mail Proposals L- 5 - Instructions for the Preparation of Technical and Business Proposals L- 6 - Amendments to Proposals L- 7 - Type of Contract L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-10 - Notice of Buy American Requirements - Construction Materials Under Trade Agreements L-11 - Service of Protest L-12 - Site Visit (Construction)

L-13 - Preparation of Proposals – Construction

SECTION M - EVALUATION FACTORS FOR AWARD 52

M- 1 - Evaluation Criteria M- 2 - Award Statement

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12035520R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/20/2020

PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

993276

6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA - Forest Service Region 1, Acquisition Management Missoula Office 24 Fort Missoula Road Missoula, MT 59804

USDA - Forest Service Region 1, Acquisition Management Missoula Office 24 Fort Missoula Road Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME

Chad Santone, Contracting Officer

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

406-329-3745; chad.santone@usda.gov

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 number, date):

Riley Pass Bluff A Reclamation Sioux Ranger District Custer -Gallatin National Forest Harding County, South Dakota

Project Magnitude: The estimated price magnitude is between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 150 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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 1 copy to perform the work required are due at the place specified in Item 8 by 3:00 pm local time April 20, 2020. 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. (If “is required” see AGAR Clause 452.228-70)

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

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NUMBER (Include area code)

Duns No. _________________

CAGE Code (see FAR Provision 52.204-16) ____________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

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 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.)

PLEASE COMPLETE THIS BLOCK

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

NUMBER

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. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

USDA - Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Chad B. Santone

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Bluff A Reclamation Project Riley Pass Uranium Mines

Sioux Ranger District Custer -Gallatin National Forest Harding County, South Dakota

B-1 - SCHEDULE OF ITEMS. The offeror must submit an offer on all items.

Bluff A Reclamation

SCHEDULE OF ITEMS

Item No.

Description Unit Estimated Quantity

Unit Price TOTAL

15101 Mobilization LS All -------

15201 Construction Surveying and Staking, Method I Tolerance Precision Class C

LS All -------

15713 Soil Erosion and Pollution Control LS All -------

15801 Watering for Dust Control 1000 gal 320

20102* Clearing and Grubbing Acre 6.2

20450* Mine Waste Excavation and Consolidation, Compaction A

CY

20,715

20451* Subgrade Regrading, Compaction A CY 10,500

20452* Borrow Cover Soil Excavation and Placement, Compaction C

CY 15,100

20453* Final Grading Acre 6.2

62550* Compost Acre 6.2

62504* Seeding Dry Method or Hydraulic Method Acre 6.2

62505* Mulching, Dry or Hydraulic Method Acre 6.2

62508* Fertilizer, Dry Method Acre 6.2

CY – Cubic Yard LS – Lump Sum Quantities *Indicates Items to be paid as a Contract Quantity (CQ)

Note: Offer must submit an offer on all items.

BASE BID ITEMS:

Total Contract Price: $_________________

Total Contract Price in Words: $_________________

Authorized Signature Date Company Name

B-2 - NOTE: 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 1.0 - Mobilization.

Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

(a) Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated, except as considered essential for successful completion of the work. The Contractor must furnish all labor, materials, equipment/tools, transportation, supervision, testing and supplies necessary to complete the work according to the contract.

(b) Description of Work. The Work shall be performed on Bluff A, which involves excavating historic mine wastes at various locations on Bluff A and placing and compacting the mine wastes at consolidation areas.

Bluff A Work includes, but is not limited to, the following:

Mobilization, demobilization, bonding and insurance Construction surveying and staking Erosion control Excavating, loading, placing and compacting mine wastes in the consolidation area Developing a government supplied borrow area for cover soil Excavating, loading, and placing cover soil at designated areas Final grading Spreading compost, seeding, fertilizing and mulching all disturbed areas Regrading portions of the mine waste areas and consolidation area.

C- 2 Project Information

(a) Project Location. The Riley Pass Bluff A Reclamation Project Site (Project Site) is located in the North Cave Hills land unit of the Custer-Gallatin National Forest in Harding County, South Dakota.

The Project Site is approximately 100 miles north of Belle Fourche, South Dakota, 25 miles north of Buffalo, South Dakota, and 30 miles south of Bowman, North Dakota. The nearest town is Ludlow, South Dakota, which is approximately 5 miles east of the Riley Pass project site. The Project Site can be accessed by turning west off U.S. Highway 85 onto Tufte Road, 2 miles north of Ludlow; then turning left on South Cave Hill Road which turns into FSR #3120 at the National Forest boundary.

The Project Site is situated on National Forest System (NFS) land managed by the United States Department of Agriculture, Forest Service (USFS), Custer-Gallatin National Forest (CGNF).

(b) Project Magnitude. The project magnitude is estimated to be between $1 million to $5 million.

(c) Government Provided Facilities. Riley Pass Office Site Pad and electric hookup are available for Contractor’s use for an office trailer at no cost to the Contractor.

(e) Utility Locates. The Contractor is responsible for location of all underground utilities prior to ground disturbance on National Forest Service Lands. Damaged utilities shall be repaired at the Contractor’s expense.

The Contractor shall contact South Dakota One Call (800-781-7474) prior to any ground disturbance. At no point shall utilities be shut down without prior approval from the Contracting Officer (CO).

(f) Use of Premises. Contractor shall confine equipment, storage of materials, and construction operations to the areas approved by the Contracting Officer. Only authorized personnel are allowed to be onsite during construction activities. Contractor shall not unreasonably encumber the site or public rights-of-way with materials and/or construction equipment. Should Contractor deem it necessary to work outside of the general construction areas shown, it shall be necessary for Contractor to obtain written approval from the Contracting Officer. Camping will not be permitted in the project area without written authorization of the Contracting Officer.

The Contractor shall provide the location(s) of proposed staging area(s) for Contracting Officer approval.

Access must be maintained to other facilities on the Project Site. The Contractor shall operate all equipment and store, transport, and handle material in a manner that will not damage existing infrastructure.

Site security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for the use on the project and stored at the Project Site. The Contractor shall be responsible for all costs required to provide such protection.

Contractor is responsible for obtaining a site access key from USDA-FS CGNF. Such key shall be returned to USDA-FS prior to final payment. During times when the Contractor is onsite, the Contractor shall leave the gates open per the direction of the Contracting Officer. During times when the Contractor is not at the site, the Contractor will close and lock the gates per the direction of the Contracting Officer. Contractor shall carefully coordinate with others who may be on the site regarding the locking of the gate.

The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the Project Site in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges, and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. The Contractor shall pay for all landfill or transfer station fees.

(g) Sanitation, Health and Safety.

(1) The Contractor shall observe rules and regulations of Federal, State, and local health officials.

Contractor shall not permit any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous.

(2) The Contractor shall provide and maintain portable sanitation toilet facilities for the project. Contractor shall setup the facilities, maintain them during construction and dismantle them at the end of the project.

(3) Mine waste, spoils, native spoils, and aggregate surfacing on roads may contain hazardous materials that may pose a threat to human health.

This work requires handling of mine wastes that present an imminent and substantial endangerment to human health and the environment. These conditions meet the criteria for initiating a Removal Action under 40 CFR Section 300.415(b)(2) of the National Contingency Plan (NCP).

The following are the highest concentrations of key analytes measured in waste materials at the Riley Pass Uranium Mine Site:

Analyte Arsenic Radium

226 Gamma Molybdenum Uranium

Uranium

Uranium

Unit mg/kg pCi/g µR/hr mg/kg pCi/g pCi/g pCi/g

Highest Concentration 2,953 3,699 1,054 6,134 1,425 65.6 1,425

Sources: Final Waste Characterization Evaluation Report, Riley Pass Uranium Mines Site (North Cave Hills), Harding County, South Dakota, dated November 18, 2015 by Tetra Tech and Survey of Topsoil Borrow Resources for Riley Pass A&E Services – Abandoned Mine

Reclamation, Riley Pass Mining Area, AG-0355-D-12-0021, dated December 2013 by Tetra Tech.

“Mine waste” is defined as native material that has been generated, transported, or reworked during mining activities, which exhibits arsenic, radium-226, molybdenum, Uranium 238, Uranium 235 and/or Uranium 234 concentrations exceeding cleanup requirements that have been established for the removal action. Cleanup requirements for the Project Site will apply to mine waste with one or more of the following characteristics:

Arsenic > 142 mg/kg Radium 226 > 30 pCi/g

“Mine spoils” are native materials distributed by prior mining activities and comprised of overburden or other materials that do not exceed the cleanup requirements but have undesirable geotechnical or agronomic properties.

The Contractor shall exercise caution while working with these materials to minimize exposure to workers. The Contractor shall take measures to mitigate the risk of exposure to airborne dusts. All dust emissions will be kept to a minimum.

Emphasis shall be added in onsite safety meetings with respect to mitigating potential contaminant exposure through inhalation, ingestion, and/or skin contact.

(4) The Contractor shall comply with the OSHA regulations for hazardous waste sites (29 CFR 1910.120).

Due to the presence of hazardous materials on the project, the Contractor’s personnel working on the site are required to have completed OSHA 40-hour HAZWOPER training and subsequent refresher training to be eligible to work on this project. All subcontractors, including but not limited to, surveyors, revegetation personnel, etc., shall have completed HAZWOPER training. Before work commences, the Contractor shall prepare and submit a list of qualified personnel and their certifications and ensure that all personnel at the site follow the requirements of the Contractor’s required Site Health and Safety Plan (FAR 52.236-13 Alt 1). The Contractor shall provide written documentation (certificates) that all onsite personnel engaged in the work have received the OSHA 40-hour HAZWOPER Training required under 29 CFR 1910.120.

C- 3 Government-furnished Property

The Forest Service will provide the following Government-furnished property for use on this project:

Pay Item 20452 – Borrow Cover Soil Material Pay Item 15801 – Water from Brown’s Pond

C-4 Attachments to Statement 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 contact.

C- 5 Submittals

The Contractor shall submit to the Contracting Officer the following plans at least 14 days prior to beginning work.

A draft Quality Control plan shall be submitted 3 days in advance of the post award orientation (pre-work) meeting.

In addition, the Contractor shall supply the Contracting Officer all required submittals for each bid item at least 14 days prior to commencing work on the corresponding item. All submittals shall be reviewed and approved by the Contracting Officer.

(a) Construction Schedule (S-001). The Contractor shall prepare a detailed construction schedule that outlines the sequence of work, duration of each work item, and specifies key construction milestones. The schedule shall allow time for surveying, inspection and field testing of work by the Government or its engineer. An annotated bar or Gantt-type schedule will be acceptable for purposes of this deliverable. The schedule shall be revised and submitted if the work is determined to be 2 weeks or more behind schedule.

The schedule shall also address the following:

(1) Potential conflicts and coordination with other work in the area

(2) Relationship between sequence of events and the Traffic Control Plan

(3) Contingencies for sequence of work

(b) Health and Safety Plan (S-002). The Contractor shall submit to the Contracting Officer a Health and Safety

Plan before work commences. Minimum items to be included in the safety plan are:

(1) Project Description

(2) Authority, Roles and Responsibilities

(3) Proposed Competent Person and Qualifications

(4) Lines of Communication/Communication System

(5) Hazard Identification and Control

(6) Evacuation Plan/Direction to Nearest Hospital

(7) Proposed Equipment

(8) Proposed Trenching and Excavation Safety Measures including Competent Person and

Qualifications (if any).

(9) Proposed Personnel Protective Equipment (PPE)

(10) First Aid Station

(11) Employee Training (40-hour HAZWOPER with 8-hour refresher a minimum)

In accordance with OSHA (29 CFR 1926), the Contractor is responsible for the safety of all work activities at the site and shall ensure that proper safety requirements are followed.

(a) Traffic Control Plan (S-003). The Contractor shall submit a Traffic Control Plan at least 14 business days prior to commencing work and shall receive approval from the Contracting Officer, in writing, prior to the beginning of construction. No work that endangers, interferes, or conflicts with public traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the Contractor and approved by the Contracting Officer. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD).

(b) Erosion Control Plan (S-004). The Contractor shall submit an Erosion Control Plan (ECP) for construction activities associated with this project. The plan shall be written in accordance with the South Dakota Department of Transportation Construction Field Manual, Construction Site Management and Erosion and Sediment Control and the U.S. Environmental Protection Agency’s Storm Water Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practices, October 2011. The Contractor shall include in the ECP the measures that will be taken for controlling precipitation and stormwater run-on and run-off at the Project Sites. The submitted plan is expected to be specific to the Project Site and shall detail locations and types of best management practices (BMPs) that will be used during construction.

(c) Quality Control Plan (S-005). The Contractor shall provide quality control to assure that construction complies with the requirements of the project specifications, contract provisions, and contract plans. A draft Quality Control plan shall be submitted 3 days in advance of the post award orientation (pre-work) meeting. The Contracting Officer will be responsible for quality assurance in the form of receiving and reviewing all quality control documentation as provided by the Contractor, including construction oversight and any testing or additional testing as deemed necessary by the Contracting Officer. Submit all soil lab testing data to the Contracting Officer at least 5 days prior to the use of the material. Submit all field test data weekly.

(d) Decontamination Plan (S-006). The Contractor shall submit a Decontamination Plan that includes a proposed area where vehicles and equipment shall be decontaminated and a description of the decontamination process. Only vehicles that come in contact with contaminated material or other solid or liquid hazardous waste shall require decontamination. The design and construction of the decontamination area, including wastewater collection and storage facilities, must be approved by the Contracting Officer prior to use. Contractor shall be liable and responsible for any release of wastewater or hazardous substances from the work areas.

Contractor shall also describe procedures to prevent the uncontrolled spread of contaminated materials offsite and outside of the designated work areas. The procedures should provide means for minimizing or preventing tracking of contaminated material from excavation areas onto access and haul roads. When hauling contaminated material over public rights-of-ways, Contractor shall prevent the release of contaminated material from haul vehicles by the use of bed liners, covering loads, and wetting loads, as appropriate. Accidental spills of contaminated material on haul roads shall be removed immediately.

(e) Borrow Plan for Government Provided Cover Soil (S-008). The Contractor shall submit a Borrow Plan for Government provided cover soil. The Borrow Plan shall describe borrow excavation operations, testing of material to ensure it meets the specifications, schedule, stockpile locations, haul routes, a final grading plan and reclamation seeding.

(f) Equipment List (S-009). The Contractor shall prepare and submit a complete list of the equipment which will be delivered to and utilized onsite. The list shall identify approximate dates of delivery. Site maintenance equipment such as motor grader, backhoe, water trucks, and fuel trucks shall be included on this list

(g) Temporary Haul Road Plan (S-011). Show locations of temporary construction roads and drainage crossings (if necessary), road widths, turnouts, and any proposed road surfacing. If any proposed disturbances are outside of the disturbance boundaries, cultural clearances would be required, and additional time would be needed for review and approval.

(h) Other Submittals. Other submittals may be necessary according to the specifications and contract provisions. The Contractor is responsible for identifying all required submittals.

The following is a listing of other submittals required under this contract. The list summarizes the requirements shown under each work item; however, the list may not be all-inclusive.

Item No. Submittal

Schedule of Items – Actual Quantity Items

Contractor’s Survey Results for Verification of Quantities, including source files, csv point file, surface files, copies of survey field notes, and copies of calculations and survey error reports showing conformance to the tolerance requirements in Table 152-1.

Forest Service Supplemental Specification – Section 107.10

Spill Prevention Plan.

Forest Service Supplemental Specification – Section 151

Location and methods for cleaning equipment prior to mobilization and demobilization.

Forest Service Supplemental Specification – Section 152

Copies of all Control Data & Surveys in electronic format (CADD), general surveying methods and equipment, source survey files, csv point files, and copies of field survey notes and calculations.

C- 6 Staging and Storage Areas

Areas for staging operations and storage of materials shall be approved by the Contracting Officer. The Contractor must request approval in writing from the Contracting Officer to stage/house material and equipment on Site.

Fueling areas will be situated at least 150 feet from any normal high-water mark.

C- 7 Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials 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’s Representative (COR).

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

Grease Removers Insulating Foam Cleaners Sealers Metalworking Fluids Graffiti Removers Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings Penetrating Lubricants Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil De-icers Fertilizers Roof Coatings Sorbents Floor Finish Floor Stripper Stain Removers Concrete and Asphalt Release Fluids

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 Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).

Additionally, the winning 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 (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 8 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-14, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at https://flh.fhwa.dot.gov/resources/specs/.

C- 9 Forest Service FP-14 Supplemental Specifications

See Section J for the list of Supplemental Specifications that are incorporated into this solicitation and any resultant contract.

C-10 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

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): Federal Acquisition

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) (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 150 calendar days from issuance of the Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

The following is added:

The estimated period of performance is from June 1, 2020 through October 31, 2020.

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 within 30 days of commencement of work. The conference will be held at a location to be determined and will include discussion of such topics as contract terms and work performance requirements, work progress schedule and safety plans.

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

G-3 - GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-2 contained in Section I of the contract.

See Section C-2 (c) and C-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H- 2 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer:

Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H- 3 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

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

H- 4 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 5 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 compliance with reasonable and customary manufacturing and construction tolerances.

H-6 Barricades, Warning Signs, and Other Devices

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, flagmen 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.

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

H-7 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area.

All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location. The Contractor shall give the Forest Service at least two business day advance notification when equipment is ready for inspection.

H-8 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H-9 Invoice Processing Platform (IPP)

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

H- 10 Local Material Sources

(a) Designated Sources--Sources of local materials will be 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. Any Contractor royalty payment requirements will be stated below.

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 the Differing Site Conditions and Changes clauses.

(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.

H-11 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

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): Federal Acquisition

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015) 52.203-14 Display of Hotline Poster(s) (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements 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 (OCT 2018) 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 (JUL 2016) 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 2019) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 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 (OCT 2010) 52.219-6 Notice of Total Small…