1240BH22R0018_RFP_Solicitation_Packet.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA-FS CSA NORTHWEST 6

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BH

Email or Faxed submissions ONLY as follows:

Subject Line: ATTN Janet Paul Email: sm.fs.conwest@usda.gov Faxed: 866.230.8120

JANET PAUL 5417507120

1x 07/15/2022

1240BH22R0018

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

RFP 1240BH22R0018

Bend Seed Extractory Site Improvements

Deschutes National Forest

Bend (Deschutes County), Oregon

Magnitude of Construction: The Government's estimate, for Base and all Option

Items, is between $1,000,000 and $5,000,000.

Offerors must respond as described in Sections L and M. Proposals that fail to provide a complete response to the Technical Evaluation Factors (Section M) may be rejected and not considered further.

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN SMALL

BUSINESSES WILL BE REJECTED.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

08/15/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA NORTHWEST 6

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BH

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Solicitation No: 1240BH22R0018 Project Name: Bend Seed Extractory Site Upgrades (Bend, OR)

PART I—THE SCHEDULE,

SECTION B--SUPPLIES OR SERVICES & PRICES/COSTS

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION CSI

DIV

EST

QTY

MOM PAY

UNIT

UNIT

PRICE

TOTAL

BASE ITEMS

1 General Requirements & Existing Conditions 01 ALL LSQ LS X

2 Sewer Connection 22 / 31 ALL LSQ LS X

3 Fire Suppression System – Seed Freezer Bldg 21 / 28 ALL LSQ LS X

4 Fire Suppression System – Seed Extraction Bldg 21 / 28 ALL LSQ LS X

5 HVAC – Seed Extraction Bldg 23 ALL LSQ LS X

6 Controls & Process Integration 26 / 27/ 40 ALL LSQ LS X

TOTAL BASE ITEM: $

OPTION ITEMS

O‐1 Seed Freezer Generator & Auto Transfer Switch 26 ALL LSQ LS X

O‐2 Tree Cooler C&D Humidification System 22 ALL LSQ LS X

TOTAL OPTION ITEMS: $

LSQ = Lump Sum Quantity; MOM = Method of Measurement

B.2(a) SCHEDULE NOTES

EMAIL: __________________________________________________________

UNIQUE ENTITY ID (from SAM.gov): _______________________________

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments in Item 1.

Offerors must submit pricing for all items (Base and Options). Offerors must respond to the other factors as described in Sections L and M. Proposals that fail to provide a complete response to the Evaluation Criteria (Section M) may be rejected and not be considered further.

Note: Per FAR 52.204-7(b)(1), System for Award Management (SAM), an Offeror is required to be registered in SAM when submitting an offer and shall continue to be registered until time of award, during performance, and through final payment for any contract resulting from this solicitation.

Information on registration may be obtained via: https://www.sam.gov. All Offerors must complete the electronic version of the Representations and Certifications in the SAM system.

For technical questions contact Mike Krawczyk at michael.krawczyk@usda.gov or 541.383.5627.

B.2(b) DESCRIPTION OF BID ITEMS

See Specifications for additional information on the below work items.

BASE ITEMS:

1. GENERAL REQUIREMENTS

a. Item includes contract administration, mobilization, and selective demolition per Division 01 Specifications.

2. SEWER CONNECTION

a. Refer to Project Drawings and Specifications (Division 22, 31) for description of work. This item covers the following work:

i. Connection of seed extractory and packing shed restrooms to City of Bend sewer system at manhole on site.

ii. Rebuild of existing lift station, retaining existing controls.

iii. Decommissioning of existing septic tank, drain field, and distribution piping.

3. FIRE SUPPRESSION SYSTEM – SEED FREEZER BUILDING

a. Refer to Project Drawings and Specifications (Division 21, 28) for description of work. This item covers the following work:

i. Decommissioning of existing halon fire suppression system in seed freezer building, including fire alarm panel and detection/alarm devices. Includes halon recycling.

ii. Full replacement of all components of system with clean agent fire suppression system, including room improvements to meet minimum hold time requirements by door fan test (caulking, sealing, drywall, door sweeps, gasketing, etc.).

iii. Programming of fire alarm panel and connection for exterior reporting.

iv. Fire marshal inspection upon installation is required.

4. FIRE SUPPRESSION SYSTEM – SEED EXTRACTION BUILDING

a. Refer to Project Drawings and Specifications (Division 21, 28) for description of work. This item covers the following work:

i. Decommissioning of existing halon fire suppression system in seed extraction building, including fire alarm panel and detection/alarm devices. Includes halon recycling.

ii. Full replacement of all components of system with clean agent fire suppression system, including room improvements to meet minimum hold time requirements by door fan test (caulking, sealing, drywall, door sweeps, gasketing, etc.).

iii. Programming of fire alarm panel and connection for exterior reporting.

iv. Fire marshal inspection upon installation is required.

5. HVAC – SEED EXTRACTION BUILDING

a. Refer to Project Drawings and Specifications (Division 23) for description of work. This item covers the following work:

i. Split ductless system and installation of all associated components for cooling of seed extraction building electrical room.

6. CONTROLS & PROCESS INTEGRATION

a. Refer to Project Drawings and Specifications (Division 26, 27, 40) for description of work. This item covers the following work:

i. Decommissioning seed extractory, seed freezer, and tree coolers electromechanical control panels and disposal of all related components not to be reused.

ii. Providing simplified controls for tree coolers (A&B and C&D buildings), seed freezer, and seed extractory (PLC) to replace decommissioned panels.

iii. Connection of seed freezer and tree coolers to private network for remote monitoring of existing Heatcraft IntelliGen refrigeration controls.

OPTION ITEMS:

1. SEED FREEZER GENERATOR & AUTOMATIC TRANSFER SWITCH

a. Refer to Project Drawings and Specifications (Division 26) for description of work. This item covers the following work:

i. Provide and install an automatic transfer switch and power backup generator.

2. TREE COOLER C&D HUMIDIFICATION SYSTEM

a. Refer to Project Drawings and Specifications (Division 22) for description of work. This item covers the following work:

i. Decommissioning existing humidification system in tree coolers

C&D and stratification cooler including existing air compressor, controls, and piping in mechanical room.

ii. Full replacement of humidification system including controls for tree coolers C&D and stratification cooler per design drawings.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

A. General

a. This project involves electrical, mechanical, and site improvements at multiple buildings at the Bend Seed Extractory in Bend, OR. Work includes connection of restrooms from two buildings to City of Bend sewer system, replacement of halon fire suppression systems with new clean agent systems in two buildings, and new electrical controls and process integration for multiple buildings. Optional work includes new power backup generator for seed freezer building and rebuild of tree cooler humidification system. See Section B-2, Description of Bid Items, and Project Drawings & Specifications attached in Section J for further details.

b. Work shall meet all applicable safety and electrical codes. Demolition involves removal and disposal of existing electrical and mechanical components (panels, compressors, piping). All demolished equipment and material shall be lawfully disposed of off Forest Service land and according to environmental regulations.

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 and provide fully functional systems.

B. Site Visit

a. Offerors are expected to familiarize themselves with the project location and all conditions affecting work prior to submitting bids.

b. The Government has provided design drawings and specifications with this solicitation; these do not substitute thorough site investigation.

C. Government Use

a. This project is to be constructed while the buildings are occupied by the user.

Coordination and phasing of work is required. Staging and storage of materials are to be coordinated with the user prior to the start of the project. Damages to any portion of the buildings or site while this project is completed are to be repaired to match existing conditions.

b. Decommissioning work such as replacement of existing electrical control panels is not to be completed until new equipment is approved and on site ready for installation to minimize system interruptions and keep buildings operational.

c. Power interruptions during construction shall be scheduled with the users.

Buildings will be in use throughout construction and operations must be maintained with minimal interruptions. Work shall be scheduled to maximize efficiency of installation times including alternate work schedules as approved by the CO when needed.

d. Contents of seed freezer shall remain in freezer throughout the duration of construction. It is the responsibility of the Contractor to always maintain an operating temperature in the freezer of 10°F to 25°F during construction, providing back up power as needed.

i. Maximum allowable temperature is 30°F for short durations.

ii. Contractor is responsible for monitoring the temperature of the freezer to ensure an allowable temperature is maintained and seeds are not compromised.

e. Contractor may shut down fire suppression systems during work hours, while providing fire system monitoring, until new systems are completed and fully functional.

f. Contractor shall be responsible for moving seed freezer or tree cooler contents (within respective storage areas), or other equipment in mechanical/electrical rooms, as necessary for performing the work.

D. Field Verification

a. Contractor is responsible for field verification of all new and existing conditions affecting the work of this contract prior to starting work.

E. Materials

a. Unless otherwise stated, Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications.

b. Contractor shall verify the kind and amount of work that may be necessary in furnishing the material.

c. Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

F. Quality Control

a. Quality control for this project shall be the responsibility of the Contractor.

b. In the event of any discrepancies between the Specifications, Drawings, and applicable codes and standards, the Contractor shall immediately notify the Contracting Officer (CO) of the discrepancy and work with the CO to yield a finished product that meets the applicable codes and standards while still meeting the original intent of the Specifications and Drawings.

c. The Contractor shall provide test reports, inspection reports, certifications, photos, and all other documentation needed to demonstrate compliance with the Project Specifications and Drawings as well as applicable construction codes and standards.

G. Contract Close-Out

a. Start up, commissioning, testing, user training, and warranty is included for all bid items.

b. Contractor shall provide installation and certification of equipment.

c. Upon delivery of items awarded through this contract, Contractor shall provide on-site training and technical support on proper set up and use for each system.

d. Contractor shall provide operations and maintenance manuals and record drawings.

e. See Specifications for details on all close out procedures.

C.2 PROJECT LOCATON

All work will be completed at the Bend Seed Extractory (BSE), located at 63095 Deschutes Market Rd, Bend, OR 97701 (Deschutes County). The work will be completed at the Seed Freezer Building, Tree Coolers C&D, Tree Coolers A&B, and the Seed Extractory Building.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government’s estimate is between $1,000,000 to $5,000,000.

C.4 TECHNICAL SPECIFICATIONS

See attached specifications (Section J).

C.5 SUBMITTALS

See attached specifications for full submittal requirements.

This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous information. The following requirements and procedures are required in addition to and as an explanation of FAR Clause 52.236-21 and AGAR Clause 452.236-76.

Transmit submittals in electronic (PDF) format by e-mail or External Box Folder. E-mail submittals to: michael.krawczyk@usda.gov. Notify Contracting Officer (CO) if this procedure cannot be utilized.

The electronic submittal process is not intended for color samples, color-charts or physical material samples. Mail samples and color selection data to the address identified in the individual task order and as agreed upon in the pre-construction process.

Submittals shall include items such as: Contractor’s, manufacturer’s, or fabricator’s Drawings;

descriptive literature including but not limited to catalog cuts, diagrams, test reports; samples;

certifications and other such required submittals. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements.

Submittals requiring government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Forward submittals to COR at least 14 days before need for approval.

All submittals shall be accompanied by a submittal transmittal form and shall include the following unless otherwise required in an individual project specification:

1. Date and revision dates

2. Project name and contract number

3. Names of contractor, subcontractor, supplier and manufacturer

4. Specifications section number identified clearly on the first page of each submitted product

5. Field dimensions and relation to adjacent structures

6. Applicable standards such as ASTM or Federal Specifications; especially those that reference back to contract requirements

7. Contractor’s stamp, initial or signature, certifying the review of submittal, compliance with the requirements of the Contract Documents, verification of manufacturer/product, dimensions, field measurements and coordination of information with other parts of the work.

Submit detailed information to inform CO and COR of all product information and construction execution details. Submittals that do not contain the above requirements or are in any other way deemed insufficient submittals will result in rejection and can delay on-site construction activities.

Where manufacturer’s catalog sheets are used, indicate the specific items to be supplied either by arrow, encircled on sheet, or the inapplicable portion blocked out. Identify where equipment is to be used, if not obvious.

Dimensions provided in the Drawings and Specifications are for informational purposes only.

Jobsite dimensions, such as the dimensions between two surfaces on the jobsite, need to be verified by the Contractor. A dimension may be shown on the construction Drawings, but the actual dimension may vary, from very small to large increments, depending on jobsite conditions. It is extremely important that the fabricated item arrive on the jobsite ready to be installed without field modification. Special care must be taken by the Contractor to measure and verify dimensions before preparing shop drawings and ordering materials.

Obtain written approval from the CO for the above submittals prior to ordering, construction, assembly, and delivery.

C.6 REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals are required as identified in the specifications and elsewhere in this contract.

Title Referenced by Specification Number

Time of Submittal

Schedule of Work FAR 52.236-15 Prior to Notice to Proceed Job Specific Safety Plan Section H Prior to Notice to Proceed Copy of Required Insurance Coverage

Section H Prior to Notice to Proceed

Certified Payroll Record I

WH-347

FAR 52.222-8 Weekly

Notification of Subcontracting Section I Prior to Subcontractor starting work O&M Manuals and Record Drawings Specifications Prior to Contract Closeout Release of Claims Form Section I Prior to Final Payment Material Certifications, Testing Reports & Other Submittals

Section C/Specifications Prior to on-site work for item installation or as required per division

Submittal requirements for this Project are EXTENSIVE. They include, but are not limited to:

Product Data, Product Schedules, Shop Drawings, Mock-ups, Samples, Material Certifications, Testing Reports, Record Drawings, Operation & Maintenance Manuals, Commission Reports, and Warranties. Individual Sections in the specifications detail most, but not all, submittals requirements for this contract. Other submittals requirements may be contained in the Drawings or otherwise referenced. It is the contractor’s responsibility to capture all the required submittals, shop drawings, certifications, testing reports, etc. as required for this Project, and develop a Submittal Schedule for approval by the Contracting Officer.

C.7 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR

452.211-73 (FEB 1988)

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

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

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

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

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use by the times listed below. The time stated for completion shall include final cleanup of the premises.

Work is expected to commence on this project no earlier than October 1, 2022. Work is expected to be completed no later than 180 days after notice to proceed.

F.3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S

CONVENIENCE

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

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

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

G.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 14 days after the date of contract award. To schedule and determine location, contact Mike Krawczyk at michael.krawczyk@usda.gov or 541-383-5627, as well as the Contracting Officer.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. A designated storage area will be provided for Contractor use.

H-2 LOCAL DISPOSAL SITES

Debris encountered in the contract and other waste materials generated in the work (cartons, scrap, etc.) shall be removed and disposed of legally off of National Forest System Lands, and as required in the specifications.

H-3 INDUSTRIAL CAMPS

Industrial Camps are not permitted for this project.

H-4 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract.

H-5 MAINTENANCE FOR TRAFFIC

(a) Work which interferes or conflicts with traffic, shall NOT be performed until a plan for the satisfactory handling of traffic has been submitted by the contractor and approved by the Contracting Officer.

(b) Prior to any suspension of work, the contractor shall take such precautions as may be necessary to prevent damage to the project, such as temporary detours, barricades, approaches, crossings or intersections.

(c) Any maintenance attributable to use, or necessary during suspensions resulting from fault or negligence of the contractor, shall be the contractor’s responsibility.

H-6 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS

Construction activity may be performed Monday through Friday and shall be limited to the hours between 7:30 a.m. and 5:00 p.m., Monday through Friday, unless other hours are approved in writing by the COR. No work will be allowed on Federal Holidays unless approved by CO in writing.

H-7 HAZARDOUS CONDITIONS SAFETY PLAN

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 provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein.

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 hazards.

Fall hazard from work heights exceeding six feet Hazardous materials handling Fire hazards Electrical hazard Temporary excavation Traffic control Confined space entry Mechanical hazards such as pulleys, springs etc.

H-8 METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

(1) As a result of changes in the work authorized by the Contracting Officer.

(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

H-9 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified

Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 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) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION APR 2020)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEP 1996)

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

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

I.2 52.217-7 Option for Increased quantity – Separately Priced 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 within one year of award date.

I.3 52.225-9 Buy American Act-Construction Materials (NOV 2021)

(a) Definitions. As used in this clause-

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) 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

(2) 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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the

United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "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 20 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.

(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…