RFQ-1204N719Q0020.docx

Sol. Number: 1204N719Q0020 Perks Rehabilitation Siskiyou Mountains Ranger District

SECTION B-2 - SCHEDULE OF ITEMS

PERKS REHABILITATION

Siskiyou Mountains Ranger District Rogue River – Siskiyou National Forests Del Norte County, California

Subtotal Base Items Amount $____________

Subtotal Option Items Amount $____________

TOTAL Quote Amount $____________

Excercise of Option 1 may be made by the Government at time of award or during the contract period. See Section I, FAR Clause 52-217-7 – Option for Increased Quantity—Separately Priced Line Item and Section M, FAR Clause 52.217-5 – Evaluation of Options.

B-2 Notes:

Quotes shall be submitted for the total items. Quotes for less than the total items will not be considered.

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

DUNS NUMBER: ______________________________________________________________

TAX IDENTIFICATION NUMBER (TIN): ________________________________________

EMAIL ADDRESS: ____________________________________________________________

NOTES:

1) Offerors are urged to inspect work site before submitting quote. See Section L-9 –Site Visit for further information.

2) A payment bond (100%) is required for this project after award (if contract amount exceeds $35,000. 00)

3) Offerors MUST register in the SYSTEM FOR AWARD MANAGEMENT (SAM) data base – See FAR 52.204-7 and Annual Representations and Certifications Applications – See FAR clause 52.204-8. These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/

4) ELECTRONIC OFFERS WILL NOT BE ACCEPTED. An offer that is emailed to government account will be rejected.

5) Facsimile quotes will be accepted at 541.618.2148. See Section L-4.

6) This is not a public bid opening. All offers submitted are considered confidential. The name of the contractor and the amount of the contract will be disclosed only after an award has been made.

7) RETURN PACKAGE: To be considered for award the offeror must complete and return the following documents to this office on or before the date and time specified for receipt of offers:

· Completed Standard Form 18 – page 1

· Schedule of Items/Bid Schedule – page 2

· Notes to Contractor – page 3 (DUNS, TIN and E-mail address)

· All of Section K – Representations, Certifications and Other Statements of Offerors

· Section M – Evaluation Factors for Award/Complete Form

Put Solicitation Number 1204N719Q0020 and Project Title on outside of envelope.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 Description of Work:

Work consists of raising and squaring up garage building #1517, placing a reinforced concrete foundation, setting building onto foundation, grading around building, repairs to damaged base of building including siding and sill plate, and repair/refitting/rehanging existing doors to revised openings. Option items of work include preparation, priming and painting building #1517, and re-roofing portions barn #2408.

C.2 Project Location:

Project is located in California, T48N, R10W, NW ¼ of Sec 24, Mt Diablo Meridian. It may be reached from Medford, Oregon by traveling west on State Road (SR) 238 to community of Ruch, thence turn south on Applegate Road to Star Ranger Station. Continue past the Ranger Station to junction with Forest Road (FR) 20 turn left onto FR 20 and travel to FR 2015, thence travel south on FR 2015 to “Maple Dell Gap”, keep left at the gap and proceed to jct with spur road FR 2015430, turn right onto gated spur road, and drive thru to the gated project site. Approximate travel time from Medford is 2 hours.

C-3 Price Range

The Government's estimated price range is:

Between $25,000 - $100,000

C-4 APPLICABLE SPECIFICATIONS (CSI SPECIFICATIONS)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

C.5 Attachments to Statement of Work/Specifications

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.6 Specifications

Any other specifications (AASHTO, ASTM) are not listed here and that are described or cited herein, but not attached to this solicitation, are the contractor’s responsibility to acquire.

C.7 Reference Standards AAMA American Architectural Manufacturers Association

ACI American Concrete Institute

AISC American Institute of Steel Construction

ANSI American National Standard Institute

APA American Plywood Association

ASTM American Society for Testing and Materials

AWPA American Wood Preservers Association

AWI Architectural Woodwork Institute

AWG American Wire Gauge

AWS American Welding Society

BAA Buy American Act

CFR Code of Federal Regulations

CS Commercial Standard

DEPA Department of Environmental Protection Agency

DEQ Oregon Department of Environmental Quality

EPA United States Environmental Protection Agency

FAR Federal Acquisition Regulations

IBC International Building Code

ICBO International Conference of Building Officials

NPT National Pipe Thread

NWWDA National Wood Window and Door Association

OAR Oregon Administrative Rules

OR-OSHA Oregon Occupational Safety and Health Administration

ORS Oregon Revised Statutes

OSHA Occupational Safety and Health Administration

PCA Portland Cement Association

RCRA Resource Conservation and Recovery Act

UBC Uniform Building Code

UFC Uniform Fire Code

UL Underwriters Laboratories, Inc.

USDA United States Department of Agriculture

USFS United States Forest Service

WCLIB West Coast Lumber Inspection Bureau

WWPA Western Wood Products Association

SECTION D--PACKAGING AND MARKING

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

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E-1 FAR 52.246-12 Inspection of Services—Construction (AUG 1996)

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

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

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

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

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

c. (3) Constitute or imply acceptance; or

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

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

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

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

7. (g) If the Contractor does not promptly replace or correct rejected work, the Government may-

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Commencement, Prosecution and Completion of Work (FAR 52.212-3)(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 45 calendar days for base items, and 15 days for option items. The time stated for completion shall include final cleanup of the premises. Work will comence and completed summer of 2020 afer snow melt (approximateley June 1 to November 15 2020

F.2 Project Coordination/Other Work in the Area

Contents of garage building shall be removed by the Government prior to start of contract. Site is under permit to the cattlemen’s association and seasonally occupied by the same in October.

The contractor shall facilitate working relationships with permittee and any FS contractors working in the area.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Government-Furnished Property (Materials) (USDA 452.245-70)(FEB 1988)

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

Property to be Furnished Delivery Point Time of Delivery

G.2 Contracting Officer's Representative

A Contracting Officer's Representative (COR) will be designated after the contract award. The Contractor will be notified by letter of the name and duties of the COR.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Post Award Conference (USDA 452.215-76)(FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at: Mutually agreed upon location.

H.2 Physical Data (FAR 52.236-4) (APR 1984)

Physical Data - Data and information furnished or referred below is for the Contractor's information. The Government shall not be responsible for interpretation of, or conclusions drawn from, the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the government.

(b) Weather conditions suitable for performance of work are: May 1 thru November 1.

(c) Transportation facilities – NONE

(d) Wildlife restriction – The restrictions for this contract are: NONE AT THIS TIME.

(e) Phytophthora lateralis and Noxious Weed Control – (where applicable) Contractor vehicles and equipment shall be washed to remove all loose or dried soil, or mud from the surface and undersides before entering the Forest Boundary to prevent spread of Port-Orford cedar root disease and noxious weeds. Equipment shall be re-inspected if contractor moves to another project or if wet weather conditions exist. Additional washing may be required. The COR and/or Inspector shall inspect equipment prior to its transportation to the Forest. If there is a requirement for fire equipment, i.e., water tender, the water must be treated in the tank with brand name Ultra Clorox at the rate of 1 liter bleach per 1000 liters of water. Contractor’s equipment must be washed and free of dirt, mud, or other objectionable material before entering the National Forest worksite.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

H.4 Use of Premises

(a) The project site is accessed by Forest Roads that are to remain open for public use during performance of work under this contract except in the immediate project area which may be closed by contractor during construction activity. Contractor shall conduct work in such a manner as to protect the public and government employees.

(b) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA lands or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the contractor.

(c) Unless provided otherwise, the Contractor shall dispose of solid waste in accordance with applicable Federal, State, and local regulations. Use of Forest Service waste disposal facilities is not allowed.

(d) Contractor is allowed to use existing site outhouse facilities at the project site. The Government reserves the right to discontinue use of this privilege at its discretion if the Contractor leaves the toilet in an untidy condition. The Contractor shall install a portable toilet if the right to use the campground facilities is denied by the Government.

(e) Camping: Contractor will need to acquire camping permit(s) from the Siskiyou Mountains Ranger District in order to camp at or near the site.

(d) Fuel storage is not allowed within the project site unless noted elsewhere.

H.5 Utilities

(a) Sewer: NONE

(b) Water: NONE (any on-site water is polluted)

(c) Electrical: NONE

H.6 Hazardous Conditions Safety Plan Certification

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazard.

Tree felling

Traffic control on limited visibility roads

Hazardous materials handling

Hydraulic and/or pneumatic and/or high pressure hazards

Steep slopes and/or downed logs

H.7 Product Substitution, Shop Drawings and Material Certification

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

(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere:

Title Reference When Submit?

N/A

Government has 7 calendar days to review packet of submittals unless noted elsewhere such as in the specifications.

(c) Certifications. Contractor shall provide Certificate of Compliance (1) from manufacturer's or fabricator's for materials furnished and (2) as required by contract clause or specifications, for the following:

Brief Title Reference Section When Submit?

Safety Plan Certification statement H.6 prior to start of work Certified Payrolls WH-347 weekly Concrete 033000, part 1.3 prior to placement Concrete Batch Ticket(s) 033000, part2.3, D at placement

Painting 099010, part 1.3 prior to paint work

H.8 Permits and Responsibilities

All permits other than electrical (unless noted elsewhere) are not required to be obtained by the Contractor due to this being a Federal project on Federal property. The lack of permits will not have negative impacts to the Contractor’s license and ability to work within the city in the future. Contractor is responsible, as noted above, to comply with all codes, laws and regulations applicable to this work

H.9 Moisture Sensitive Soil

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture and will require careful selection and scheduling to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the Contractor at its expense.

H.10 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) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, 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. Servicing of all equipment shall be done only in the area approved by the Contracting Officer. If the total oil or oil products storage exceeds 5000 liters (1,320 gallons) or if any single container exceeds a capacity of 2500 liters (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. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

(d) Protection of Botanical Resources - Previously unknown or unlisted populations of Protected, Endangered, Threatened, or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within the contract project boundaries. Deletion of part of some contract areas may be required to protect these botanical resources. The addition or substitution of other areas may be considered in these cases to maintain contract quantities. The modification of the contract may be required to protect or enhance previously unknown PETS plant populations.

(e) Erosion Prevention and Control - Contractors operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by the Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately proceeding expected seasonal periods of precipitation or runoff.

If the Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, the Government may (1) by contract or otherwise, perform erosion control work and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such erosion control work or (2) terminate the contract for default

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applicable if contract exceeds $35,000)

(AUG 2011)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I-2 FAR 52.217-7 – Option for Increased Quantity—Separately Price Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor anytime during the contract period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.3 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

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

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

“Cost of components” means—

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(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

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) (Applicable to Contracts >$35,000 but < $150,000)

(a) The Contractor shall submit one of the following payment protections 100% payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.4 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.

I.5 ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

I.6 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.

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J - List of Attachments

J.1 List of Attachments

2.Specifications(separate) 27

3. Project Drawings (separate) 4

4.Fire Protection Requirement Forms (R6-FS-6300-52) *Separate attachment 6

5. DOL Wage Decision CA190005 dtd 1-4-2019, *Separate attachment 16

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

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.

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

1. (a)

a. (1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.

b. (2) The small business size standard is $15.0 million.

c. (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.

2. (b)

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

b. (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. (i) □ Paragraph (d) applies.

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

3. (c)

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

1. (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–

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

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

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

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

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

2. (B) Exceed the simplified acquisition threshold; and

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

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

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

xi. (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.

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

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

xii. (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. (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.

xiv. (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.

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

xvi. (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.)

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

xviii. (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.

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

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

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

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

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

xx. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

xxi. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

xxii. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

b. (2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

i. (i) 52.204-17, Ownership or Control of Offeror.

ii. (ii) 52.204-20, Predecessor of Offeror.

iii. (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

iv. (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

v. (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

vi. (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

vii. (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

viii. (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

4. (d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

5. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K.3 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATION AND CERTIFICATIONS (DEC 2014) The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO…