Solicitation 1240LU21Q0024 Complete.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1029154

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

Attn: Tina Cook by email only to: tina.cook@usda.gov

TINA COOK 406-544-5807

1240LU21Q0024

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

Solicitation and attachments, including specification, drawings and wage determination

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

07/23/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

TINA COOK

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LU21Q0024

Period of Performance: 09/02/2021 to 10/01/2021

0001 Repair of Beal Mountain Mine Waste Rock 73786 EA

Infiltration System. Dewater existing system, remove and dispose of buried valve, install new manholes and pipeline.

Product/Service Code: Z2KE

Product/Service Description: REPAIR OR ALTERATION

OF SURFACE MINE RECLAMATION FACILITIES

Quotes are due by Friday, July 23rd, 2021 at

12:00 (noon) MDT

Please see section L2 of solicitation for quote submission instructions.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1240LU21Q0024 Project Name: Beal Mountain Mine 2021 Waste Rock infiltration System Improvements

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

1. QUOTE ON ALL ITEMS. Only quotes to the nearest cent will be accepted

2. PAYMENT FOR BOND PREMIUMS

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

3. WRITTEN ACCEPTANCE

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor

4. BASIS OF AWARD

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer and Technical Evaluation Team, provides the Lowest Price Technically Acceptable quote package to the Government, considering but not limited to, such factors as price, company experience, and past performance. The Experience Questionnaire will be used as part of this evaluation

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATON

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

C.5 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

H- 2 AGAR 452.236-77 Emergency Response (NOV 1996)

H- 3 Loss, Damage, or Destruction

H- 4 Conformity With Drawings and Specifications

H- 5 Local Material Sources

H- 6 Samples, Tests, Cited Specifications

H- 7 Barricades, Warning Signs, and Other Devices

H- 8 Weed-Free Equipment

H- 9 Landscape Preservation

H- 10 Invoice Processing Platform (IPP)

H- 11 Prework Conference

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

(a) Attachment 1, General Decision No. MT20210075 Dated: 04/02/2021

(6 pages)

(b) Attachment 2, Forest Service FP-14 Supplemental Specifications (22 pages)

(c) Attachment 3, Project Drawings (5 pages)

(d) Attachment 4, Construction Experience Performance Questionnaire (2 pages)

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Beal Mountain Mine

2021 Waste Rock Infiltration System Improvements Beaverhead-Deerlodge National Forest

Silver Bow County, Montana

SCHEDULE OF ITEMS

Item No. Description Unit Estimated Quantity Unit Price Total

15101 Mobilization LS All -----

60401 Install 60” Dia. Flow Meter Vault LS All -----

60401 Install 72” Dia. Valve Vault LS All -----

20301 Remove Existing Valve LS All -----

61102 6-inch Diameter SDR

17 HDPE Buried Pipeline

LF 45

15713 Dewatering and Erosion Control Plan LS All -----

LS – Lump Sum Quantities LF – Linear Feet Note: The offeror must submit an offer on all items.

Total Contract Price: $_________________________

Authorized Signature

B.2 SCHEDULE NOTES

1. QUOTE ON ALL ITEMS. Only quotes to the nearest cent will be accepted.

2. PAYMENT FOR BOND PREMIUMS

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

3. WRITTEN ACCEPTANCE

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

4. BASIS OF AWARD

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer and Technical Evaluation Team, provides the Lowest Price Technically Acceptable quote package to the Government, considering but not limited to, such factors as price, company experience, and past performance. The Experience Questionnaire will be used as part of this evaluation.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

1. 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.

2. Description of Work. Work includes, but is not limited, to the following:

1. Mobilization, demobilization, bonding and insurance;

2. Installation of buried HDPE pipeline, valves, and fittings;

3. Installation of manholes and vaults;

(a) Government Provided Facilities. The Beal Office Site is available for Contractor’s use for an office trailer at no cost to the Contractor.

(b) Estimated Period of Performance

August 2, 2021 through Oct. 1, 2021

(c) Utility Locates. There are no underground power lines in the work areas to be excavated. There are above ground power lines at the Site. Any above ground utilities damaged by the Contractor shall be repaired at the Contractor’s expense. At no point shall utilities be shut down without prior approval from the Contracting Officer (CO).

(d) 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 al 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 all costs required to provide such protection.

Contractor is responsible for obtaining a site access key from USDA-FS BDNF. The key shall be returned 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 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.

(e) Sanitation, Health and Safety.

a. The Contractor shall observe rules and regulations of Federal, State, and local health officials including all COVID-19 safety rules mandated by the same.

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

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

d. This work requires handling of mine wastewater that presents 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).

e. Selenium concentrations measured in Spring 10-A and the Waste Rock Dump Toe Drain, which comprise the wastewater present in the Beal Waste Rock Infiltration System pipeline, exceed applicable water quality standards. The highest concentrations of selenium measured in these sources in 2019 are presented in the table below. These concentrations are similar to those observed during the past several years.

Water

Sou rce

Highest Measured Selenium Concentr ation in (mg/L)

Selenium Hum an Healt h Stand ard

Selenium Acut e Aqua tic Life Stand ard

Selenium Chro nic Aqua tic Life Stand ard

(mg/ L)

(mg/ L)

(mg/ L)

Spring 10-A 0.064 0.05 0.02 0.005 Waste Rock

Toe Dra in

0.072 0.05 0.02 0.005

f. The Contractor shall exercise caution while working with contaminated water to minimize exposure to workers. Emphasis shall be added in onsite safety meetings with respect to mitigating potential contaminant exposure through ingestion and/or skin contact.

g. 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.

(f) Government-furnished Property

The project work does not include any Government furnished property.

(g) 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 contract.

(h) Submittals

The Contractor shall submit to the Contracting Officer (CO) the following plans at least 14 days prior to beginning work. In addition, the Contractor shall supply the CO all required submittals for individual work Items at least 14 days prior to commencing work on the corresponding item. All submittals shall be reviewed and accepted or approved by the CO. Preparation of all submittals (except for Item 15713 – Erosion Control Plan) shall be considered incidental to the other work items in this contract.

a. Health and Safety Plan (S-001)

The Contractor shall submit to the CO for acceptance a Health and Safety Plan before work commences. Minimum items to be included in the safety plan are:

i. List of Proposed Equipment

ii. Proposed Trenching and Excavation Safety Measures, including

Competent Person and Qualifications

iii. Proposed Communication System

iv. Proposed Personnel Protective Equipment (PPE)

v. First Aid Station

vi. Employee Training (40-hour HAZWOPER with 8-hour refresher is a minimum requirement for all on-site employees)

vii. Any and all COVID-19 protocols to be implemented.

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

b. Traffic Control Plan (S-002)

Traffic control shall be provided in full compliance with the Manual on uniform Traffic Control Devices (MUTCD). No work that endangers, interferes, or conflicts with public traffic or access shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the Contractor and accepted by the CO.. The Contractor shall submit a Traffic Control Plan at least 14 days prior to commencing work and shall receive written acceptance from the CO prior to the beginning of work. The plan shall include at a minimum:

i. Locations of all signs, markers, barricades, and other traffic control devices to be used.

ii. Specifications for signs, markers, barricades, etc. including references to Manual of Uniform Traffic Control Devices (MUTCD).

iii. Locations for flag-persons or pilot cars, if used, along with anticipated dates and hours of use.

c. Dewatering and Erosion Control Plan (S-003)

The Contractor shall submit an Erosion Control Plan for construction activities associated with this project. The plan shall be written in accordance with the Montana Department of Environmental Quality Montana Sediment and Erosion Control Manual, May 1996, the MDT Erosion and Sediment Control Manual May, 2004, 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 submitted plan is expected to be specific to the project site and shall detail locations and types of best management practices that will be used during construction.

The project site is located in an area of high precipitation, and frequent thunderstorms and occasional snowstorms occur during the construction season. The Contractor’s Plan shall include the measures that will be taken for controlling precipitation and stormwater run-on and runoff.

During construction, the Waste Rock Infiltration System pipeline will contain flowing water which will be pressurized. The Contractor’s Plan shall address methods for capturing this water and releasing it without producing erosion. In addition to these live pipelines, groundwater may be encountered at excavation areas. The Contractor’s Plan shall address contingencies for controlling any groundwater and live pipelines encountered during excavation.

The Contractor’s Plan shall describe details for removing water from Waste Rock Infiltration System pipeline prior to adding the vaults, valves and meters shown on the plans. The Plan should also include details for dewatering the local excavation areas in the vicinity of the vaults.

In general, dewatering should consist of measures to temporarily plug the outlets to the existing Toe Drain Manhole and the Spring 10A Manhole and pump the incoming water to discharge in an existing channel located several hundred feet away. While the amount of flow needing to be pumped will depend on when the work is performed, past monitoring indicates approximately 150 gpm may occur at the Toe Drain Manhole and 50 gpm may occur at the Spring 10A Manhole.

While the temporary plugs and pumping measures are in place, the Contractor shall install a sacrificial valve on the pipeline at a location just above the proposed vaults and a means for discharging to the adjacent German Gulch Creek. Then the temporary plugs and pumps at the Toe Drain Manhole and Spring 10A manhole can be removed and water can be discharged to German Gulch Creek. While water is being discharged to German Gulch Creek, the Contractor will install the proposed vaults and remove the existing buried valve. When all the vaults, valves, and meters are complete, the Contractor shall close the sacrificial valve, connect the upstream pipeline at or near the sacrificial valve to the downstream vaults and open the sacrificial valve. After a test period to ensure that there are no leaks and that all newly installed valves and meters work, the Contractor will backfill the installed vaults and the sacrificial valve.

Alternatively the Contractor may propose to remove the sacrificial valve by re-installing temporary plugs at Spring 10A and Toe Drain Manholes.

Alternate dewatering schemes may be proposed, but the approach suggested above is recommended.

d. Other Submittals

Other submittals may be necessary according to the FP-14 standard specifications, Forest Service FP-14 Supplemental Specifications, and the and contract provisions.

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. The Contractor is responsible for identifying all required submittals.

Item Number Submittal Schedule of Items, Actual Quantity Items Contractor’s survey results, scale tickets, etc.

for verification of quantities, FP-14 Standard Specification, Section 107.10 Spill Prevention Plan FP-14 Standard Specification, Section 153.03 Quality Control Plan Forest Service FP-14 Supplemental

Specification, Section 203.03 Plan for reconnecting the pipeline after removal of existing buried valve.

FP-14 Standard Specification, Section 302.02 Specifications of proposed crushed aggregate as determined by AASHTO methods Forest Service FP-14 Supplemental

Specificaiton, Section 604.01 Shop drawings for proposed manholes

Forest Service FP-14 Supplemental Specification, Section 604.03

Plan for use of Xypex at Precast facility if used.

Forest Service FP-14 Supplemental Specification, Section 611.03

HDPE pipeline flushing and testing plan in accordance with ASTM F-2164.

Forest Service FP-14 Supplemental Specification, Sections 713.12 and 713.17

Manufacturer’s cut sheet for erosion control products.

(i) 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.

(j) 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 http://www.biopreferred.gov/ 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:

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

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.2 PROJECT LOCATON

1. Project Location. The project is located on the Beal Mountain Mine, a former open pit gold mine. The Mine is located approximately 16 miles west southwest of Butte, Montana near the headwaters of German Gulch Creek. Access to the site is by turning south off County Road 441 (Fairmont Road) onto German Gulch Road near Fairmont Hot Springs and following the road to the Mine. Segments of the access road are steep and narrow and contain sharp corners. Contractors should inspect road conditions prior to bid to judge for themselves how the access conditions may impact equipment selection and traffic control requirements.

The Project Site is situated on National Forest System (NFS) lands managed by the United States Department of Agriculture – Forest Service (USDA-FS) Beaverhead- Deerlodge National Forest (BDNF)

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Estimated price for this project is between $25,000 and $100,000

C.4 TECHNICAL SPECIFICATIONS

(a) FP-14 Standard Specifications

Standard Specifications for Construction of Roads and Bridges on 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/.

The Contractor shall perform any testing necessary to ensure materials used in this contract meet specifications. Quality control is also the Contractor’s responsibility (Standard Specification 153).

(b) Forest Service FP-14 Supplemental Specifications

See Section J for the list of Forest Service FP-14 Supplemental Specifications that are incorporated into this solicitation and any resultant contract.

(c) Drawings See Section J for the list of Drawings that are incorporated into this solicitation and any resultant contract.

C.5 CLAUSES

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.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 Calendar Days_.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

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 7 days after the date of contract award. 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)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 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 – https://www.dm.usda.gov/procurement/policy/agar.html.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

CLAUSES

H- 2 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- 3 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) http://www.acquisition.gov/far https://www.dm.usda.gov/procurement/policy/agar.html of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

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

H- 5 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- 6 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H- 7 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- 8 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.

H- 9 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- 10 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Governmentwide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically.

Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H- 11 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

http://www.ipp.gov/

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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 Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 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) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (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 (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-50 Combating Trafficking in Persons (OCT 2020) 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) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

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

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (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 (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 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) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

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

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American Act-Construction Materials (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

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

(i) A commercial item (as defined in paragraph (1) of the definition at Federal

Acquisition Regulation (FAR) 2.101);

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

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

and

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.