12414620R0003 PACKAGE REV 2_ 8-12-2020 Reduced Size.pdf

• Site Visit: 27 Aug 2020; 1100-1330hrs Central Standard Time (See Section L for details) ft ft

SECTION B - SCHEDULE OF ITEMS

Bid Price Schedule

Bid Item # Description Rate Quantity Total

1 Design Phase I - NFSR 254, mile post

0.54 – Brushy Creek Culvert Replacement

2 Construction Phase II – NFSR 254, mile post 0.54 – Brushy Creek Culvert Replacement

TOTAL

B.1. Rate is inclusive of all labor, materials, and supplies required to perform services

12414620R0003 D_B Brushy Creek Crossing Culvert Bankhead National Forest - Alabama

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

100. DIVISION – GENERAL SPECIFICATIONS.

110. Scope of Service:

Architectural and Engineering (A/E) and Construction services (Contractor) to provide one aquatic organism passage (AOP) design and construction replacement (Design/Build) of an existing culvert in accordance with 2017 AASHTO LRFD Bridge Design Specifications for waterway crossings on road owned by the US Forest Service.

120. Location:

The project is located on the Bankhead National Forest in Alabama, near Double Springs, AL.

Project Name: Brushy Creek Culvert Replacement Location: National Forest System Road (NFSR) 254, mile post 0.54

Latitude: 34.32523 Longitude: -87.29446

200. DIVISION - GENERAL TECHNICAL REQUIREMENTS FOR DESIGN/BUILD

210. General

210.1 Design:

The design shall include the preparation of plans (drawings), specifications, a schedule of items, construction cost estimate, and an estimate of construction time. An 85% and 100% final submission of these documents shall be provided. The design shall be for a 5’ rise, 15’ span arch pipe on concrete spread footing with stem wall, or approved alternative.

210.2 Design Formating

All Design work will be performed in 2018 AutoCAD Civil3D or approved version. Drawings shall be formatted to print on 11”x17” sheets. Draft and final submittals shall be provided in an electronic Adobe Portable Document Format (.pdf). Spreadsheet submittals shall be in Microsoft Excel (.xls) format.

210.3 Construction:

Upon final approval of the Complete Stamped and Signed Construction Documents, the culvert replacement shall be constructed as designed and specified, according to all applicable laws and requirements. The road shall be closed during the period of construction performance. The contractor shall notify the Contracting Officer 10 days prior to closure of road.

220. Technical Specifications:

220.1 Preliminary Engineering

1. Survey: A topographic survey has been completed by the Forest Service and will be supplied in the form of tabular data containing the coordinates for every network point set and found. In addition, an AutoCAD version of the survey site will be provided.

2. Geotechnical: A geotechnical investigation will be conducted, either via borings, test pits, or approved alternative. The report of geotechnical conditions will include geotechnical design recommendations for the foundation of the new structure. It will present the results of the subsurface investigation, including any laboratory testing. The geotechnical report will adequately characterize the site geology and will provide the designer all geotechnical data required to complete the project design.

12414620R0003 D_B Brushy Creek Crossing Culvert Bankhead National Forest - Alabama

3. Hydrology & Hydraulics: Not required.

220.2 Design:

1. Structure Design: 2017 AASHTO LRFD Bridge Design Specifications. Structures shall meet or exceed HL-93 design loading requirements. Structures shall be Contech’s “O Series” 5’ rise by 15’ span arch with concrete footings and stem wall, or approved alternative.

2. Specifications:

a) Standard Specifications for Construction of Road and Bridges on Federal Highway

Projects (FP-14).

b) Forest Service Special Project Specifications (provided by Government)

3. Plans: Design plans shall include all that are applicable:

a) Title Page (85%)

b) Summary of Quantities (100%)

c) Existing Site Plan (85%)

d) Proposed Plan & Profile (85%)

e) Culvert Details (85%)

f) Foundation Details and Reinforcement (85%)

g) Erosion Control Typical details (100%)*

h) Temporary Channel Diversion details (100%)*

i) Roadway Cross-Sections with final cut/fill calculations (100%)

* Typical details may be taken from FHWA standard detail drawings located at:

https://flh.fhwa.dot.gov/resources/standard/ . Typical details should be located at the back of design plans.

230. Submittals:

The Contractor shall submit all documentation to the C.O. or their designated representative.

Submittals shall include:

a. 85% and 100% Design Submittals

b. Quantities and Bid Items/Costs for Construction (100%)

c. Special Project Specifications (as edited from Forest Service provided template)

d. Design Calculations (100%)

e. Correspondences (100%)

f. Geotechnical Report

g. Drawings in both 2018 AutoCAD Civil 3D and PDF format (100%)

h. Construction Schedule

i. Construction submittals, per applicable FP-14 requirements

j. As-Built (red-line) Drawings

Submittals will be electronic (CD, flash drive or other approved method) for all items, with exception of As-Builts, if approved by CO. Design drawings shall be scaled for plotting on 11” x 17” sheets.

231. Construction:

The Contractor shall perform all construction work in accordance to OSHA safety standards and shall meet the approved design plan and applicable FP-14 specifications. The contractor shall submit an erosion control plan prior to commencements of site work.

Foundation footings shall be at an elevation as recommended by the geotechnical report, or three feet minimum below the thalweg of the stream crossing on the upstream side.

12414620R0003

300. DIVISION – GOVERNMENT FURNISHED PROPERTY

The Government shall provide the following:

Survey data in tabular form and as AutoCAD .dwg Template for plans and/or example set of plans One set of Forest Service Special Project Specifications. Contractor shall delete any items that are determined not to be required for the proposed projects.

Location of any Forest Service owned borrow pits or other material sources that are available for use.

400. DIVISION – PERIOD OF PERFORMANCE

The final designs for bridges shall be completed and submitted within 90 days after receiving NTP. Construction shall commence within 10 days after completed plans have been approved and shall be completed within 90 days.

12414620R0003

SECTION D - Packaging and Marking

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

12414620R0003

SECTION E - Inspection and Acceptance

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

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

INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

12414620R0003

SECTION F - Deliveries or Performance

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days following the effective date of the Notice to Proceed (90 design/90 Construction notional). The time stated for completion shall include final cleanup of the premises.

12414620R0003

SECTION G - Contract Administration Data

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

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

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

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

CONTRACT RELEASE

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

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

Reservations:________________ "

12414620R0003

SECTION H - Special Contract Requirements

AGAR 452.236-77 EMERGENCY CONTROL (JUL 1985)

Maintenance of Existing Facilities:

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

LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

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

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

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

LANDSCAPE PRESERVATION

a. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

b. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

c. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

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

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

112) including certification by a registered professional engineer.

CLEANING OF EQUIPMENT

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

12414620R0003

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

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

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

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

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

USE OF PREMISES

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

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

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

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

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

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

UTILITIES, AND IMPROVEMENTS (APR 1984)

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

12414620R0003 those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

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

12414620R0003

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 JUN 2010 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities JUL

52.207-3 Right of First Refusal of Employment MAY 2006 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for DebarmentOCT 2015 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages—Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005 52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.215-23 Limitations on Pass-Through Charges--Alternate I OCT 2009 52.216-23 Execution and Commencement of Work APR 1984 52.216-24 Limitation of Government Liability APR 1984 52.219-6 Notice of Total Small Business Set-Aside MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting JAN 2017 52.219-16 Liquidated Damages - Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice to the Government of Labor Disputes FEB 1997

12414620R0003

52.222-2 Payment for Overtime Premiums JULY 1990 52.222-3 Convict Labor JUNE 2003 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JULY 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination—Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. SEP 2013 52.223-3 Hazardous Material Identification & Material Safety Data JAN 1997 52.223-5 Pollution Prevention & Right-To-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items MAY 2008 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 52.223-15 Energy Efficiency In Energy-Consuming Products. DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. AUG 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-9 Buy American—Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUNE 2000 52.227-1 Authorization and Consent DEC 2007 52.227-5 Waiver of Indemnity APR 1984 52.227-17 Rights in Data—Special Works DEC 2007 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems MAY 2014 52.227-22 Major System—Minimum Rights JUN 1987 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JULY 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds—Construction OCT 2010 52.229-3 Federal, State, and Local Taxes FEB 2013 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure and Consistency of Cost Accounting Practices OCT 2015 52.230-5 Cost Accounting Standards—Educational Institution AUG 2016 52.230-6 Administration of Cost Accounting Standards JUNE 2010 52.232-16 Progress Payments APR 2012 52.232-16 Progress Payments--Alternate I MAR 2000 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-24 Prohibition of Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information JUL 2013 52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

12414620R0003

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)

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

CONTRACTS (SEPT 2013)

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

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

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

(i) Spacecraft system and launch support equipment.

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

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

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

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

(2) Submit this report no later than—

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

(ii) At the end of contract performance

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

(a) Definitions. As used in this clause—

12414620R0003

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

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

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

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

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

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

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

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

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(b) (3) of this clause.

12414620R0003

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

52.249-14 Excusable Delays (Apr 1984)

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

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

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

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

and

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

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

(End of clause)

12414620R0003

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https:// dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

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

Attachment Number Title Number of

Pages

Technical - Experience Questionnaire (Project/Key Personnel)

Past Performance Questionnaire

12414620R0003 D_B Brushy Creek Crossing Culvert Bankhead National Forest - Alabama

Site Photos to be used in conjunction with Section C 08

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar

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

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

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

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

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

(3) The small…