1240LU22R0007 RFP.pdf

SOLICITATION, OFFER, 1. SOLICITATION NO. 12. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD 1240LU22R0007 □SEALED BID (IFB}

(Construction, Alteration, or Repair/ ii! NEGOTIATED (RFP)

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

4. CONTRACT NO.

?. ISSUED BY CODE 40LU

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401 - 2310

5. REQUISITION/PURCHASE REQUEST NO.

1055941

8. ADDRESS OFFER TO

08 / 22/2022 1 I

6. PROJECT NO.

9. FOR ► a. NAME

INFORM~i:i RAYMOND GARLEB

b. TELEPHONE NO. {Include area code) (NO COLLECT CALLS)

208 - 765 - 7433

SOLICITATION

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

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

Slip and Slide Dam D ecommissioning and Restoration . Custer Gallatin NF. Make all inquiries to Raymond . Garleb@usda . gov or 619 52 0 3187.

11. The Contractor shall begin performance 0 calendar days and complete it within 0

□ award , notice to proceed. The performance period is □mandatory ~ negotiable. (SeeSection F

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

IKJ YES □ NO

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by calendar days after receiving

12b. CALENDAR DAYS

1300 (hour) local time

09 / 19 / 2022 (date). If this is a sealed bid solicitation, offers will be publidy 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.

b. An offer guarantee IB] is, 0 is not required .

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

d. Offers providing less than 15 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-aS) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

PAGE 2 OF

OFFER /Must be fully completed by offeror/

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

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

CODE FACILITY CODE

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 lo or greater than the minimum requirement stated in item 13d. Failure to ;nsert any number means the offeror accepts the minimum in llem 13d.)

AMOUNTS ► I

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

203. NAME AND TITI.E OF PERSON AUTHORIZED TO SIGN OFFER {Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued .

22. AMOUNT , 23. ACCOUNTING AND APPROPRIATION DATA

0 5. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 24. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) D 10 U.S.C. 2304(c) D 41 U.S.C. 253(c)

26. ADMINISTERED BY CODE 10281

IDAHO PANHANDLE NATI ONAL FORESTS

SUPERVISORS OFF I CE

3232 WEST NURSERY ROAD

COEUR DALENE ID 83815

127. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

0 28. NEGOTIATED AGREEMENT O 29. AWARD

(Contractor is required to sign this document and return 1 ---- copies to issuing office.) (Contractor is not required to sign this document.)

Contractor agrees to fumish and deliver all items or perform all Mo'Orlc requirements identified on this form and any continuation sheets for the consideration stated in this contract. The Your offer on this solicitation is hereby accepted as to the items listed. This award consummates rights and obligations of the parties to this contract shall be governed by (a) this the contract, which consists of (a/ the Government solicitation end your offer, and /bl this contract award.

contract award. (bl the solicffation. and /c) the clauses, representations, N-0 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)

RAYMOND L . GARLEB

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

BY

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

EFERENCE NO. OF DOCUMENT BEING CONTINUED

1240LU22R0007

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES

(A) (B)

Delivery : 09 / 15 / 2023 Delivery Location Code : 0398

USDA FOREST SERVICE

CUSTER GALLATIN NAT I ONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715 US

Period o f Performance : 09 / 28 / 2022 to 09 / 15 / 2023

0001 SLIP N SLIDE DAMS DECOMMISSIONING AND RESTORATION

PROJECT

Product / Service Code : Z2KA Product / Service Description: REPAIR OR ALTERATION

OF DAMS

NSN 7540-01 -152-8067

QUANTl1Y UNIT UNIT PRICE

(C) (D) (E)

PAGE

OF

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR 148 CFR\ 53.110

Part I - The Schedule

SECTION B - SERVICES AND PRICES

SLIP AND SLIDE DAMS RESTORATION PROJECT

B- 1 - BID SCHEDULE

SLIP N SLIDE DAMS DECOMMISSIONING AND RESTORATION SCHEDULE OF ITEMS

Construction Documents Submittal

Custer Gallatin National Forest Gardiner Ranger District U.S. Forest Service

(YEAR 1) BASE BID:

Item Description Method Est Unit Unit Total No. of Quantity Price Amount

Measure

15101 Mobilization and LSQ 1 LS $ $ Demobilization

15102 Access Road Improvements LSQ 1 LS $ $

15201 Construction Survey and

LSQ 1 LS $ $

Staking

20101 Clearing and Grubbing of

CQ 15,130 SY $ $

Upper Pond

20102 Clearing and Grubbing of CQ 2,350 SY $ $ Middle Pond

20103 Clearing and Grubbing of CQ 2,240 SY $ $ Lower Pond

Clearing and Grubbing 20104 Between Middle and Lower CQ 800 SY $ $

Ponds Removal and Disposal of

20301 Existing Outlet

LSQ 1 LS $ $

Structures/PipesN alves and Selected Irrigation Equipment

Dam Removal Excavation at 20401 Upper Pond CQ 23,134 CY $ $

20402 Dam Removal Excavation at CQ 3,443 CY $ $ Middle Pond

20403 Dam Removal Excavation at

CQ 6,865 CY $ $

Lower Pond Stream Restoration Excavation

20404 - Between Middle Pond and CQ 313 CY $ $ Lower Pond

20421 Select Soil Borrow for Upper

CQ 10,010 CY $ $ Pond Wetlands Restoration

Select Soil Borrow for Middle 20422 Pond Wetlands Restoration CQ 865 CY $ $

20423 Select Soil Borrow for Lower Pond Wetlands Restoration CQ 1,685 CY $ $

Select Soil Borrow for 20424 Embankments Between Middle CQ 7,495 CY $ $

Pond and Lower Pond

Select Soil Borrow for 20425 Embankments Downstream of CQ 9,095 CY $ $

Lower Pond

:: l~l Roadway Obliteration and

LSQ I LS $ $ Salvage Gravel

I"'\ l" "1 n., 1 Placed Riprap Class 4 ( 100%

CQ 821 CY $ $ _ _. .LV.1. On-Site Salvage Rock)

25102 Placed Riprap Class 6

CQ 211 CY $ $ (I 00% Import)

6-Incb-Minus Pitrun Gravel for

25103 Upper Pond Outlet and Riprap

CQ 582 CY $ $

Class 6 Bedding (I 00% Import)

. Salvage Rock for Additional CQ 45 CY $ $ -- ·- Upper Pond Outlet Armor

62401 Topsoil Stripping, Stockpiling, CQ 1,250 CY $ $ and Replacement- Upper Pond

Topsoil Stripping, Stockpil ing, 62402 and Replacement - Between CQ 1,728 CY $ $

Middle Pond and Lower Pond

Topsoil Stripping, Stockpiling, 62403 and Replacement - CQ 1,395 CY $ $

Downstream of Lower Pond

Noxious Weed Containment 62801 and Eradication - Primary LSQ I LS $ $

Treatment

Control of Water

63001 LSQ 1 LS $ $

(Year 1) Base Bid Total: $

0 PTION 1 (YEAR 2) BID:

Item Description Method Est Unit Unit Total No. of Quantity Price Amount

Measure

15101 Mobilization and LSQ 1 LS $ $ Demobilization

Upland and Wetland Seed 62501 Mixes, USFS Coeur D' Alene LSQ 1 LS

Nursery

Apply Fertilizer and Seed Mix, 62502 Broadcast Method - Zone 1 CQ 0.2 AC $ $

Wetland Mix

Apply Fertilizer and Seed Mix, 62503 Broadcast Method - Zones 2-4 CQ 11.8 AC $ $ Upland Seed Mix

62601 Nursery Stock Trees and

LSQ 1 LS $ $ Planting oLou2 Temporary Wildlife Fencing for

CQ 11,720 LF Planted Areas

62701 Wetland Sod Salvaging, AQ 4,397 SY $ $ Cutting, and Placing

Noxious Weed Containment 62801 and Eradication - Spot LSQ I LS $ $

Treatment

62901 Coir Mat for 2H: 1 V Fill Slopes CQ 3200 SY $ $

63101 Install Beaver Dam Analogs

LSQ 1 LS $ $

Option 2 (Year 2) Base Bid Total: $

CQ = Contract Quantity; AQ = Actual Quantity; LSQ = Lump Sum Quantity

TOT AL BASE BID, {YEAR 1):

TOT AL OPTION 1 YEAR 2

TOTAL BASE BID, PLUS OPTION 1:

Note: Guidance regarding how a given pay unit is measured and/or paid is found within the Standard Specifications FP-14, Section 109.02 Measurement Terms and Definitions for each given unit and within the specific specifications for the Item described.

B-2 - NOTE: 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 151.01 Mobilization.

NOTE: Abbreviations used in Bid Schedule

* LSQ = Lump Sum Quantity

* CQ = Contract Quantity

* AQ = Actual Quantity

** LS= Lump Sum ** CY= Cubic Yard ** SY= Square Yard ** SF= Square Foot

* * LF = Linear Foot

NOTE: The pay items in the BID SCHEDULE may have suffixes that do not appear on the pay items in the specifications. They pertain only to sizes, classes, and/or types indicated in the item "Descriptions," and are used by the Government for computer tabulation of bid schedules.

NOTE: The quoter must quote all items. Round to the nearest cent.

SECTION C-DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 -PROJECT DESCRIPTION AND LOCATION

(a) - Scope of Contract. This contract involves decommissioning of the three Slip N Slide (formerly Shooting Star) dams and restoring the Slip N Slide drainage to a native wetland habitat. The project will be broken into two options that are expected to be awarded over two years. Depending on USFS funding available, both line items may be awarded simultaneously in Year 1 Base (Year

1) includes all earthwork, all rockwork (salvage, delivery, and placement), and primary herbicide treatment. Option 1 (Year 2) includes the remainder of restoration work items plus herbicide spot treatment.

See the Schedule ofltems for a detailed breakout of work items for each Option.

(b) - Project Location. Slip and Slide Dam Restoration project is located approximately 47 miles South of Livingston, MT and 13 miles North of Gardiner, MT. The project is located about ½ mile east of Highway 89 on National Forest Lands.

(c)- Prebid Tour. There will be an optional pre-bid tour on Tuesday, 08/30/22 at 11am. Offerors are encouraged to visit the site on their own. Access is through Public Lands via the Slip and Slide Trailhead, across the highway and slightly South of the Joe Brown River Access. Questions should be directed to Zac Hiedeman, Zachary.hiedeman@usda.gov, 406-587-6729, or Teresa Morales, teresa.d.morales@usda.gov, telephone 406-274-0281.

(d) - Statement of Work.

The restoration project includes the following elements:

• Repair and improve the site access road.

• Upper Pond area:

o Kill and remove invasive Curly Leaf Pondweed.

o Control water to minimize downstream flow of Pondweed herbicide.

o Apply 2,4-D herbicide to select upland areas around pond.

o Remove and dispose of existing outlet pipe.

o Remove existing dam embankment.

o Place new site fills to dispose of darn embankment materials, flatten bank slopes, and create wetland habitat with limited detention storage.

o Add a new rock-armored flood detention spillway with a low-flow channel notch.

o Revegetate with native wetland and upland plants.

• Middle Pond area:

o Kill and remove invasive Curly Leaf Pondweed.

o Control water to minimize downstream flow of Pondweed herbicide.

o Apply 2,4-D herbicide to select upland areas around pond.

o Remove existing dam embankment.

o Place new site fills to dispose of darn embankment materials, flatten bank slopes, and create wetland habitat with limited detention storage.

o Add a new rock-armored flood detention spillway with a low-flow channel notch.

o Add Beaver Dam Analogs in wetland basin.

o Revegetate with native wetland and upland plants.

• Lower Pond area:

o Kill and remove invasive Curly Leaf Pondweed.

o Control water to minimize downstream flow of Pondweed herbicide.

o Apply 2,4-D herbicide to select upland areas around pond.

o Remove and dispose of existing outlet pipe.

o Remove existing dam embankment.

o Place new site fills to dispose of dam embankment materials, flatten bank slopes, and create wetland habitat with limited detention storage.

o Add a new rock-armored flood detention spillway with a low-flow channel notch.

o Add Beaver Dam Analogs in wetland basin.

o Revegetate with native wetland and upland plants.

• Area Between Middle Pond and Lower Pond:

o Remove and reclaim gravel road spur extending south across creek channel.

o Apply 2,4-D herbicide to select upland areas as indicated on the drawings.

o Regrade stream channel to connect to downstream wetlands and allow floodwaters to flow north of the new channel.

o Add berm embankments to prevent flood flows from draining to the south.

o Flatten embankment toe slopes at northeast end of existing meadow.

o Add Beaver Dam Analogs in new channel and floodplain.

o Revegetate with native wetland and upland plants.

• Area Downstream of Lower Pond:

o Add berm embankments to promote channelization of flood flows.

C-2 - GENERAL SPECIFICATIONS

(a) - Existing Utilities. Contractor is responsible for contacting 811 (call before you dig) before doing excavation work.

(b) - Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dump.

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

(c) - Noxious Weed Control. In order to prevent the potential spread of noxious weeds the Contractor shall clean equipment in accordance with Section 151.

(d)- Submittals. Submit two copies to the COR for approval on all construction materials and items required herein, electronic submittals will also be allowed through email. Literature shall be marked or otherwise designated to indicate the exact model, size, etc., the Contractor proposes to use. Information shall be adequate to determine compliance with the specifications without additional research by the CO. One copy of approved submittals will be returned to Contractor. Submit all items with such promptness as to cause no delay in the work. Approvals must be obtained before starting work which involves the item. The Contractor shall allow 5 calendar days for processing of submittals by the Government.

(t)-Timing of Work. Construction shall proceed and be completed in accordance with time limitations listed in SECTION F--DELIVERIES OR PERFORMANCE.

(g) - Public use of facilities. Established trails through National Forest Lands shall remain open and accessible to all users. Immediate construction area may be closed to access by the Public for the duration of construction.

(h)-Existing Facilities In addition to the requirements of the Use of Premises Clause, AGAR 452.236- 70, all existing facilities such as signs, cattleguards, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

This includes any facilities inside or outside the project limits, including along any access routes.

(i)- Camping. Prior to any camping on National Forest lands, the Contractor shall obtain a District Camping Permit from the COR. Any permits will be issued at the discretion of the District Ranger(s). The Contractor will present any anticipated camping requests at the Prework Conference.

A camp includes any location occupied by the Contractor or Contractor's agents for the purpose of overnight occupancy. This includes any tenting sites, camp trailers, etc. including residing at designated campsites or campgrounds that are open to the public.

Unless otherwise allowed in the Camping Permit, the contractor will abide by all rules applicable to the general public.

Arrangements for camping on local private lands will be the responsibility of the Contractor.

(j)- Food Storage. The Gardiner District of the Custer Gallatin National Forest is under a district-wide Food Storage Order. It generally states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

(I) - Construction Staking. The Contractor will be responsible for all staking (Item 15201 ). The Contractor will make every reasonable attempt to protect the staking during their activities and shall replace any damage stakes at their expense.

(m)- Storage and Stockpiling of Equipment and Materials. Storage and stockpiling shall take place only within areas approved by the CO.

(n)-Maintenance of Clean Worksite Conditions. Maintain the project work area in a clean and orderly condition throughout the progress of work under this contract.

( o )- Work Done by Others. It is anticipated that work done by other contractors in the site during the same time period include:

NONE

The Contractor shall make reasonable accommodation for this other work. The Government will notify the Contractor in advance when this work is planned to occur.

C-3 TECHNICAL SPECIFICATIONS

a) Equipment Specifications. Equipment shall be in good mechanical and operating condition, fully capable of performing all phases of the specified work.

b) Winter Conditions. Winter shutdown in the project area due to cold and snow conditions typically occurs between November 1 and June I of each year but can vary considerably depending on the specific year.

c) Spring Road Closures. Access roads to the project may have spring breakup restrictions to heavy hauling. In this area spring breakup restrictions typically occur between March 30 and June 1 of each year but can vary depending on the specific year. Contact the COR for specific road by road information.

d) Traffic Control. Unless otherwise provided for in the Special Project Specifications, the Contractor shall not restrict public traffic on roads.

C-4 - STANDARD SPECIFICATIONS

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

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) can be downloaded at the following website: https://highways.dot.gov/federal-lands/specs

C-5 - SPECIAL PROJECT SPECIFICATIONS

The Forest Service Supplemental Specifications are applicable to this contract and are included with the solicitation

E - SECTION E - Inspection and

Acceptance 52.246-12 Inspection of Construction. (AUG 1996)

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):

[Insert one or more Internet addresses]

(End of clause)

F - SECTION F - Deliveries or Performance

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 [09/15/2023]. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

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

www.Acquisition.gov

(End of clause)

452.236-75 Maximum Workweek- Construction Schedule. (NOV 1996)

The Contract Completion Date (CCD) for this contract will be 09/30/2023.

G - SECTION G - Contract Administration Data

INVOICES

Payment will be made from the contractor' s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm . There is no pre-award registration .

After award of a contract, please make sure that your company registers promptly at https ://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The one-time enrollment in lPP means a series of emails will be sent to the point of contact (POC) established in your System for Award Management (SAM) account at www.sam.gov. So, please verify that the POC's email address is up to date in your company' s SAM account prior to starting the lPP enrollment process. If you have questions on the lPP enrollment process, the help desk phone number is 1-866-973-3131.

Invoices shall be accompanied by the signed contractor certification, using the exact wording in the clauses, FAR 52.232-5, and be up-to-date on certified payrolls for the invoiced timeframe, FAR 52.222-8. (See next page for invoice certification language.) Invoices that do not meet these requirements will be rejected.

The contractor shall submit payrolls weekly for each week in which any contract work is performed.

The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov., including the certification verbatim from the WH-347. Forms from other State or County governments are not compliant. Invoices that do not meet these requirements will be rejected. A Contract Release is required with the final invoice, or the invoice may be rejected.

Payment for Materials Off-Site In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fau lt or negligence of the government or its agents.

Incidental Items The intent of the contract is to provide for the completion of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.

Preconstruction Conference This required conference will be scheduled by the COR. (See also Section I, Clause 52.236-26.)

NOTICE

Notice to Offeror(s)/Supplier(s); Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the solicitation closing date. In the event the government cancels this solicitation , the government has no obligation to reimburse an offeror for any cost incurred.

H - SECTION H - Special Contract Requirements

Utility Services

NONE

Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433)--will be identified for the contractor before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. "Off-road equipment'' includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

I - SECTION I - Contract Clauses

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)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2018) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.215-2 Audit and Records - Negotiation. (JUN 2020) 52.222-3 Convict Labor. (.JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 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) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 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) 52.223-2 Affirmative Procurement ofBiobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (.JUN 2014) 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.227-1 Authorization and Consent. (.JUN 2020) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 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) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest After Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 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) 52.236-8 Other Contracts. (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) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022) 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) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-7 4 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-77 Emergency Response. (NOV 1996)

52.217-5 Evaluation of Options. (JULY 1990)

Except when it is determined in accordance with FAR l 7.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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 75 Day. Delivery of added items shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree.

(End of clause)

52.225-9 Buy American - 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) 2.10 I);

(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-

( I) 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. 1n 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(aX2)). 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. ( l )(i) Any Contractor request to use foreign construction material in accordance with paragraph (bX3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncom pliant with the Buy American statute or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Item 1:

Foreign construction material.

Domestic construction material.

Item 2:

Foreign construction material.

Domestic construction material.

Unit of measu re

Quantity Price (dollars)

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

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

[Include other applicable supporting information.]

(End of clause)

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (I) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be [] percent of the bid price or [],whichever is less.

( d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within IO days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-13 Alternative Payment Protections. (JUL

2000)

(a) The Contractor shall submit one of the following payment protections: []

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

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

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

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

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

(End of clause)

52.228-15 Performance and Payment Bonds- Construction. (JUN 2020)

(a) Definitions. As used in this clause -

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b)Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28. I 02-1 (a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows :

(1) Performance bonds (Standard Form 25) . The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A) . The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01 , Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 USC. 3133(c)) . Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

(a) As used in this clause-

After-imposed Federal tax means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as…