Amend 0001 solicitation 1240LU22R0002.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)

1050995

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

email: tina.cook@usda.gov

TINA COOK 406-544-5807

1x

1240LU22R0002

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

See solicitation documents.

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.)

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

12/16/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

TINA COOK

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LU22R0002

FY22 Riley Pass Bluff B Northeast Reclamation

Project

0001 Riley Pass Bluff B Northeast Construction

Inspection and Verification Sampling.

Proposals should be emailed to Contracting

Officer Tina Cook at: tina.cook@usda.gov

Proposal packages are due no later than 12:00 pm (noon) MDT, Thursday, December 16th, 2021. Only emailed proposal packages will be accepted.

The following language shall appear in the subject line of the email: ¿This is a response to

Solicitation 1240LU22R0002¿

It is the contractor¿s responsibility to verify government receipt of electronic quote package.

Only proposals submitted by email will be accepted. For questions regarding proposal package submission you may email Contracting

Officer Tina Cook at tina.cook@usda.gov or by phone at: (406) 544-5807.

For Technical questions regarding the work to be performed contractor¿s may contact David Shimek by email at david.shimek@usda.gov, or by phone at: (406) 255-1422.

PLEASE NOTE: To be considered for federal contract award for this solicitation, contractors, and all contract associated personnel, will be required to be fully vaccinated with a federally recognized COVID-19 vaccine. See FAR Part 52.223.99.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1240LU22R0002 FY22 Riley Pass Bluff B Northeast Reclamation Project

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

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

1. Description of Work. The Work shall be performed on Bluff B, which involves excavating historic mine wastes at various locations on Bluff B and placing and compacting the mine wastes at embankment areas. Bluff B Work includes, but is not limited to, the following:

C.2 PROJECT LOCATON

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.5 TECHNICAL SPECIFICATIONS

C.10 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROPOSAL EVALUATION

M.2 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Bluff B Northeast Reclamation Project

Riley Pass Uranium Mine Sites Sioux Ranger District

Custer -Gallatin National Forest Harding County, South Dakota

B.1 SCHEDULE OF ITEMS

Bluff B Northeast Reclamation Project

SCHEDULE OF ITEMS

Item No. Description Unit Estimated

Quantity Unit Price TOTAL

15101 Mobilization LS LS ------- 15201 Construction Surveying and Staking, Method

I Tolerance Precision Class C

LS LS -------

15701 Erosion Control, Silt Fence LF 2,500 15702 Erosion Control, Straw Wattles LF 2,500 15703 Erosion Control, Granular Rock Check Dams EA 8 15710 Erosion Control, Sediment Traps EA 6

*15704 Erosion Control, Tackifier Acre 26.0 15801 Construction Water 1000 gal 3,250

*20102 Clearing and Grubbing Acre 26.0 20403 Mine Waste Excavation and Embankment CY 114,000

GRAND

TOTAL

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

BASE BID ITEMS:

Total Contract Price: $_________________

Authorized Signature Date Company Name

B.2 SCHEDULE NOTES

1. Offer must submit an offer on all items.

2. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 1.0 - Mobilization.

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

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

1. Description of Work. The Work shall be performed on Bluff B, which involves excavating historic mine wastes at various locations on Bluff B and placing and compacting the mine wastes at embankment areas. Bluff B Work includes, but is not limited to, the following:

• Mobilization, demobilization, bonding and insurance

• Construction surveying and staking

• Erosion control

• Site Preparation

• Excavating, loading, placing and compacting mine wastes

C.2 PROJECT LOCATON

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

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

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

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Price Range. The project magnitude is estimated to be between $1 million to $5 million.

C.4 GOVERNMENT-FURNISHED PROPERTY AND FACILITIES

Government Furnished Property. There is no Government furnished property on the project.

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

C.5 TECHNICAL SPECIFICATIONS

1. Standard Specifications . "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-14, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

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

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

3. Project Information

a. Contract Period or Performance. Estimated start date: Early to Mid- March 2022. Contract Period of Performance is 150 days.

b. Utility Locates. The Contractor is responsible for location of all underground utilities prior to ground disturbance on National Forest Service Lands. Damaged utilities shall be repaired at the Contractor’s expense. The Contractor shall contact South Dakota One Call (800-781-7474) prior to any ground disturbance. At no point shall utilities be shut down without prior approval from the Contracting Officer (CO).

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

The Contractor shall provide the location(s) of proposed staging area(s) for Contracting Officer approval. Access must be maintained to other facilities on the Project Site. The Contractor shall operate all equipment and store, transport, and handle material in a manner that will not damage existing infrastructure.

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

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

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

Sanitation, Health and Safety.

1. The Contractor shall observe rules and regulations of Federal, State, and local health officials. Contractor shall not permit any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous.

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

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

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

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

Analyte Arsenic Radium 226 Gamma Molybdenum Uranium

Uranium

Uranium

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

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

Sources: Final Waste Characterization Evaluation Report, Riley Pass Uranium Mines Site (North Cave Hills), Harding County, South Dakota, dated November 18, 2015 by Tetra Tech and Survey of Topsoil Borrow Resources for Riley Pass A&E Services – Abandoned Mine Reclamation, Riley Pass Mining Area, AG-0355-D-12-0021, dated December 2013 by Tetra Tech.

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

• Arsenic > 142 mg/kg

• Radium 226 > 30 pCi/g

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

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

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

C.6 ATTACHMENTS TO STATMENT OF WORK/SPECIFICATIONS (AGAR

452.211-73) (FEB 1988)

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

C.7 SUBMITTALS

The Contractor shall submit to the Contracting Officer the following plans at least 14 days prior to beginning work. A draft Quality Control plan shall be submitted 3 days in advance of the post award orientation (pre-work) meeting. In addition, the Contractor shall supply the Contracting Officer all required submittals for each bid item at least 14 days prior to commencing work on the corresponding item. All submittals shall be reviewed and approved by the Contracting Officer.

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

The schedule shall also address the following:

a. Potential conflicts and coordination with other work in the area.

b. Relationship between sequence of events and the Traffic Control Plan.

c. Contingencies for sequence of work

2. Health and Safety Plan (S-002). The Contractor shall submit to the Contracting Officer a Health and Safety Plan before work commences. Minimum items to be included in the safety plan are:

a. Project Description

b. Authority, Roles and Responsibilities

c. Proposed Competent Person and Qualifications

d. Lines of Communication/Communication System

e. Hazard Identification and Control

f. Evacuation Plan/Direction to Nearest Hospital

g. Proposed Equipment

h. Proposed Trenching and Excavation Safety Measures including Competent Person and Qualifications (if any)

i. Proposed Personnel Protective Equipment (PPE)

j. First Aid Station

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

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

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

4. Erosion Control Plan (S-004). The Contractor shall submit an Erosion Control Plan (ECP) for construction activities associated with this project. The Contractor shall include in the ECP the measures shown on the erosion control plans as well as any additional measures needed to control sediment transport and erosion caused by precipitation and stormwater run-on and run-off at the Project Sites. The submitted plan is expected to be specific to the Project Site and shall detail locations and types of best management practices (BMPs) that will be used during construction. The Contractor will have 2 phases detailed in their plan. Phase 1 shall include preconstruction placement of erosion control measures; Phase 2 of their plan will include erosion control measures after excavation and consolidation area placement is completed as shown in the plans. The Contractor shall include additional measures necessary to control precipitation events while the site is in storage over the winter and spring. Also included in phase 2 will be methods to control drainage on the temporary roads including but not limited to drainage, rolling dips, water bars, surfacing, grade sags, surfacing and other erosion control methods commonly used on roads.

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

Submit all field test data weekly.

6. Decontamination Plan (S-006). The Contractor shall submit a Decontamination Plan that includes a proposed area where vehicles and equipment shall be decontaminated and a description of the decontamination process. Only vehicles that come in contact with contaminated material or other solid or liquid hazardous waste shall require decontamination.

The design and construction of the decontamination area, including wastewater collection and storage facilities, must be approved by the Contracting Officer prior to use. Contractor shall be liable and responsible for any release of wastewater or hazardous substances from the work areas.

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

7. Equipment List (S-007). The Contractor shall prepare and submit a complete list of the equipment which will be delivered to and utilized onsite. The list shall identify approximate dates of delivery. Site maintenance equipment such as motor grader, backhoe, water trucks, and fuel trucks shall be included on this list.

8. Temporary Haul Road Plan (S-008). Show locations of temporary construction roads and drainage crossings (if necessary), road widths, turnouts, and any proposed road surfacing. If any proposed disturbances are outside of the disturbance boundaries, cultural clearances would be required, and additional time would be needed for review and approval. Include drainage and erosion control methods to put the road into storage at the end of the project.

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

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

Item No. Submittal Schedule of Items – Actual Quantity Items

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

Forest Service Supplemental Specification – Section 107.10

Spill Prevention Plan.

Forest Service Supplemental Specification – Section 151

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

Forest Service Supplemental Specification – Section 152

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

C.8 STAGING AND STORAGE AREAS

Areas for staging operations and storage of materials shall be approved by the Contracting Officer. The

Contractor must request approval in writing from the Contracting Officer to stage/house material and equipment on Site. Fueling areas will be situated at least 150 feet from any normal high-water mark. If any proposed disturbances are outside of the disturbance boundaries, cultural clearances would be required, and additional time would be needed to review and approve.

C.9 BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

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

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

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

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

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

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

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

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

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

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

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

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

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

C.10 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

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 30 days after the date of contract award. The conference will be held by phone or video conference call.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: _Onsite Superintendent and Project Manager__

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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) 52.204-4 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) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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) 52.219-9 Small Business Subcontracting Plan (SEP 2021) 52.219-10 Incentive Subcontracting Program (OCT 2014) 52.219-14 Limitations on Subcontracting (SEP 2021)

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☒ By the end of the performance period for each order issued under the contract.

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) 52.222-35 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 (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 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) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

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

2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 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) 52.228-12 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)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Items (JUL 2021) (DEVIATION APR 2020) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (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) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT

2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

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

(a) Definitions. As used in this clause-

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

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

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

Acquisition Regulation (FAR) 2.101);

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

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

and

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

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

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