02 RFP Sched B_Clauses_655A FSR.pdf

12467020R0041

NFSR655A CULVERT_ROAD WORK

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

Contents

PART I – THE SCHEDULE

SECTION C - Description/specifications/Statement of Work

DIVISION 100 – SCOPE OF CONTRACT

DIVISION 200 – TECHNICAL SPECIFICATIONS

DIVISION 300 – INSPECTION AND ACCEPTANCE

DIVISION 400 – BASIS OF PAYMENT

SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

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

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

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - Representations, Certifications, and Other Statements of Offerors or Respondents SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

TECHNICAL PROPOSAL INSTRUCTIONS

SECTION M - Evaluation Factors for Award

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PART I – THE SCHEDULE

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

Long Cane District, AOP Culvert FSR 665A.

Francis-Marion National Forests, South Carolina

Item 1: Contractor shall furnish all labor, equipment, materials, tools, transportation, supplies (including safety), supervision, and perform all work necessary for the installation of one reinforced concrete box culvert, one reinforced concrete pipe (RCP) relief culvert, and incidental construction as specified herein. All work shall be completed in accordance with contract terms, specifications, plans and project drawings.

Item Description Unit Est.

Quantity Unit Cost Total

15702 Silt Fence LF 400 $ $

15714 Temporary Stream Diversion LS 1 $ $

20104 Roadside heavy brushing DLM 1.16 $ $

20305 Removal & disposal of culvert & construction debris LS 1 $ $

20801 Structure Excavation ECY 200 $ $

20803A Structural Backfill, Compaction Method B ECY 139 $ $

20803B General Fill, Compaction Method C ECY 200 $ $

20805 Salvaged streambed simulation LCY 90 $ $

25102 Placed riprap, class 1, w/8 oz. geotextile fabric TN 40 $ $

30109 Aggregate surface course, CR-14, Compaction Method B "Roller Compaction" TN 320 $ $

30317 Road Reconditioning MI 1.16 $ $

60201 Furnish & Install 36" dia. RCP w/ gaskets, Class IV LF 36 $ $

60205 Furnish & Install 10' span x 5' rise concrete box culvert & headwalls LF 48 $ $

62530 Seeding & Mulching ACR 1 $ $

63306 Hazard Marker Signs & Posts EA 4 $ $

GRAND TOTAL ALL ITEMS: $______________

*Unit = Method of Measurement AQ = Actual Quantity; LS = Lump Sum; SY = Square Yard CY = Cubic Yard; LF = Linear Foot; EA = Each All other items of work shown on the drawings and specifications shall be considered incidental to the bid items, and no extra payment shall be made.

* 52.211-18 Variation in Estimated Quantity APR 1984

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Note:

• Award will be made to one contractor. Contractor must submit pricing for all items to be considered for award.

• Proposals are due on JUNE 08, 2020 at 1:00 p.m. EST. Only ELECTRONIC Proposals shall be accepted and emailed to steven.alves@usda.gov. Please call 859-745-3157 to confirm receipt.

• Proposals must be emailed to the address shown on the front of the Request for Proposal form SF-1442 in Block 8 by the closing date and time stated in Block 13A.

• Complete, by checking correct box, the certification statements required in Section K, and submit with the proposal.

• A pre-bid meeting will be held: see Section L for details.

• Registration in the System for Award Management (SAM) is required to submit a proposal and must be active/current at the time of proposal evaluation to be considered responsive and eligible to receive award of contract. Registration is free; go to www.sam.gov/. The contractor is solely responsible for ensuring their Sam.Gov registration is active.

A complete package includes the Submittal Copy in its entirety: both pages of the SF-1442 (fill in blocks 14-

20c), completed Schedule of Items (Section B), completed Representations and Certifications (Section K, check appropriate blocks), and original bond.

mailto:steven.alves@usda.gov http://www.sam.gov/

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

SECTION C - Description/specifications/Statement of Work

DIVISION 100 – SCOPE OF CONTRACT

Contractor shall furnish all labor, materials, transportation, supervision and incidentals to remove the existing RCP culvert and replace with an AOP 4 sided box culvert. Work includes, but not limited to, road reconditioning.

Work shall be completed in accordance with all contract terms, specifications and plans included in this request for quotation.

PROJECT BACKGROUND

Contractor shall furnish all labor, equipment, materials, tools, transportation, supplies (including safety), supervision, and perform all work necessary for the installation of one reinforced concrete box culvert, one reinforced concrete pipe (RCP) relief culvert, and incidental construction as specified herein. Construction shall be performed at the Long Cane Ranger District on the Sumter National Forest in accordance with plans and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP14), and with the Forest Service Supplemental Specifications. In accordance with the contract provisions, the contractor is to provide 1 box culvert installation, 1 relief culvert installations, and improvements to the road surface.

PROJECT LOCATION

The project is located on the Long Cane Ranger District in Sumter National Forest in South Carolina. Long Cane District Office is located at 810 Buncombe Street, Edgefield, SC 29824, in Edgefield County, South Carolina. The project is located on FSR 665A (Gold Mine A Road) where it crosses Ephriam Branch, 0.60 miles from the intersection with C-41-665. See maps on project plans.

FAR 36.204 Disclosure of the magnitude of construction: $25,000 - $100,000

DIVISION 200 – TECHNICAL SPECIFICATIONS

See attachments listed in Section J.

DIVISION 300 – INSPECTION AND ACCEPTANCE

A Contracting Officer’s Representative (COR) shall be designated in writing for this project. Inspection and acceptance will be made by the COR in accordance with Clause 52.246-12, Inspection of Construction (see Section E).

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DIVISION 400 – BASIS OF PAYMENT

Measurement will be based on quantities named in the schedule of items. Payment shall be made in accordance with Clause 52.232-27, Payments, at the established unit prices for work based on units completed by the contractor and accepted by the government. Submit invoice to the Project COR through the Invoice Processing Platform (IPP), registration required: https://www.ipp.gov/

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 Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this request for quotation and any resultant contract.

The following specifications are included by reference: Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, US Customary Units, available online at: https://flh.fhwa.dot.gov/resources/specs/fp-03/ . The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

https://www.ipp.gov/ https://flh.fhwa.dot.gov/resources/specs/fp-03/

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SECTION D - Packaging and Marking

For this solicitation, there are no clauses in this section.

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SECTION E - Inspection and Acceptance

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

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

INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

SECTION F - Deliveries or Performance

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 days following the effective date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

https://www.acquisition.gov/browsefar

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REVISION 2 DATED 05/04/2020

SECTION G - Contract Administration Data

AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

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

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $_______________.

Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:________________ "

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SECTION H - Special Contract Requirements

AGAR 452.236-77 EMERGENCY CONTROL (JUL 1985)

Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

a. Contractor shall minimize sediment laden water from entering the stream. Install check dams and sediment fences as necessary to minimize the entry of silt-laden water into streams or other water bodies.

b. Dewater any live streams prior to culvert removal or other in stream work.

c. Seed and mulch all disturbed areas within 7 days of completing the project.

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, and damage to vegetation or structures outside the clearing limits shall be repaired 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.).

c. Pollutants such as fuels, lubricants, bitumen, 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 from concrete or aggregate operations shall not be allowed to enter live steams 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.

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

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered professional engineer.

CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The

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Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements.

“Off-road Equipment” includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval not later than two weeks prior to start of work. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s).

Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

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

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim

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those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor

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REVISION 2 DATED 05/04/2020

PART II – CONTRACT CLAUSES

SECTION I - Contract 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): https://www.acquisition.gov/browsefar

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 JUN 2010 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Preventing Personal Conflicts of Interest DEC 2011 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 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities JUL

52.207-3 Right of First Refusal of Employment MAY 2006 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for DebarmentOCT 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 52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages—Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005 52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.215-23 Limitations on Pass-Through Charges--Alternate I OCT 2009 52.216-23 Execution and Commencement of Work APR 1984 52.216-24 Limitation of Government Liability APR 1984 52.219-6 Notice of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting JAN 2017 52.219-16 Liquidated Damages - Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice to the Government of Labor Disputes FEB 1997

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52.222-2 Payment for Overtime Premiums JULY 1990 52.222-3 Convict Labor JUNE 2003 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JULY 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination—Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 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 & Material Safety Data JAN 1997 52.223-5 Pollution Prevention & Right-To-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items MAY 2008 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 52.223-15 Energy Efficiency In Energy-Consuming Products. DEC 2007 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 AUG 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-9 Buy American—Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUNE 2000 52.227-1 Authorization and Consent DEC 2007 52.227-5 Waiver of Indemnity APR 1984 52.227-17 Rights in Data—Special Works DEC 2007 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems MAY 2014 52.227-22 Major System—Minimum Rights JUN 1987 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JULY 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds—Construction OCT 2010 52.229-3 Federal, State, and Local Taxes FEB 2013 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure and Consistency of Cost Accounting Practices OCT 2015 52.230-5 Cost Accounting Standards—Educational Institution AUG 2016 52.230-6 Administration of Cost Accounting Standards JUNE 2010 52.232-16 Progress Payments APR 2012 52.232-16 Progress Payments--Alternate I MAR 2000 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-24 Prohibition of 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 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information JUL 2013 52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-26 Preconstruction Conference FEB 1995 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals MAY 2014 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.243-7 Notification of Changes JAN 2017 52.244-2 Subcontracts OCT 2010 52.244-5 Competition in Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JAN 2019 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.247-1 Commercial Bill of Lading Notations FEB 2006 52.248-3 Value Engineering—Construction OCT 2015 52.249-2 Termination for Convenience of the Government (Fixed-Price)--Alternate I SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 52.250-1 Indemnification under Public Law 85-804 APR 1984 52.250-5 SAFETY Act-Equitable Adjustment FEB 2009 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations in Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 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) AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

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

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

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

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

(2) Submit this report no later than—

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

(ii) At the end of contract performance

FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a) (2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b) (2) and (b) (3) of this clause.

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b) (3) of this clause.

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

52.249-14 Excusable Delays (Apr 1984)

(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1)acts of God or of the public enemy, (2)acts of the Government in either its sovereign or contractual capacity, (3)fires, (4)floods, (5)epidemics, (6)quarantine restrictions, (7)strikes, (8)freight embargoes, and (9)unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. “Default” includes failure to make progress in the work so as to endanger performance.

(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default,- unless-

(1) The subcontracted supplies or services were obtainable from other sources;

(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source;

and

(3) The Contractor failed to comply reasonably with this order.

(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract.

(End of clause)

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

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

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

Attachment Number Title Number of

Pages 001 AOP Box Culvert FSR 665A SOW 3

002 FSR 665A Supplemental Specs 44

003 665A Signature Page 1

004 Signed LC_AOP_Culvert_FSR665A 7

005 Wage Determination SC20190051 4

006 Technical - Experience Questionnaire (Project/Key Personnel) 3

007 Past Performance Questionnaire 5

Current through 20200401 (FR DOC 2020-02028)

REVISION 2 DATED 05/04/2020

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007 52.204-17 Ownership or Control of Offeror (NOV 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation NOV 2015 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law FEB 2016 52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts and Compliance Reports FEB 1999

FAR 52.204-8 Annual Representations and Certifications (MAR 2020) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5M.

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

(b)

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

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

[_] (i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

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REVISION 2 DATED 05/04/2020

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities…