UPDATED_Bid Schedule06162021.docx

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Forest Road 133 Reconstruction Allegheny National Forest
Solicitation number
12445521B0002
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This solicitation seeks proposals for road reconstruction services on Forest Road 133 in the Allegheny National Forest. Key work includes removing and installing drainage culverts, reconditioning the roadway template and reconstructing drainage features, placing and compacting road base and surface aggregates, and seeding and mulching disturbed areas. The solicitation includes a schedule of items with estimated quantities and units. Proposals are due by June 15, 2021 and pre-bid conferences will be held on-site. The award will be fixed-price and made to the lowest priced, responsible and responsive offeror. The work is to be completed within 90 calendar days of notice to proceed.

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12445521B0002_PreBidMeeting_Notes 06152021.docx DOCX document
FR133_ScopeOfWork.pdf PDF
133Map.pdf PDF
12445521B0002 FR 133 ReConstruction_IFB_.docx DOCX document
12445521B0002 SF 1442.pdf PDF
Wage Decision pa2.txt TXT text file
FR133_WorkDescription.pdf PDF
FR133_FP14_FSSS.docx DOCX document

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Solicitation No: 12445521B0002 Project Name: Forest Road 133 Reconstruction Allegheny National Forest

Table of Contents

PART I—THE SCHEDULE4
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS4
B.1 SCHEDULE OF ITEMS4
B.2 SCHEDULE NOTES4
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK5
C.1SCOPE OF CONTRACT5
C.2PROJECT LOCATON5
C.3MAGNITUDE OF CONSTRUCTION PROJECT5
C.4TECHNICAL SPECIFICATIONS5
C.5CLAUSES5
SECTION D--PACKAGING AND MARKING6
D-1PACKING AND MARKING6
D-2PROJECT LABELING FOR OFFICIAL COORESPONDENCE6
SECTION E--INSPECTION AND ACCEPTANCE7
E.1CLAUSES7
SECTION F--DELIVERIES OR PERFORMANCE8
F.1CLAUSES8
SECTION G--CONTRACT ADMINISTRATION DATA9
G.1CLAUSES9
SECTION H--SPECIAL CONTRACT REQUIREMENTS10
H.1CLAUSES10
PART II--CONTRACT CLAUSES11
SECTION I--CONTRACT CLAUSES11
I.1CLAUSES11
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS37
SECTION J--LIST OF ATTACHMENTS37
J.1ATTACHMENTS37
PART IV--REPRESENTATIONS AND INSTRUCTIONS38
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND38
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS38
K.1PROVISIONS38
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS49
L.1PROVISIONS49
SECTION M--EVALUATION FACTORS FOR AWARD57
M.1PROVISIONS57
M.2AWARD57

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS Comment by Johnson, Melissa -FS: Insert the schedule of items here

2021 Allegheny National Forest ‐ Marienville Ranger District FR133 Reconstruction Engineers Estimate

Pay Item
Description
Pay Unit
Estimated

Quantity

Unit Price
Extended Total
15101
Mobilization
Lump Sum
1

20302 Removal of culverts, disposal method remove from project

Each

20426 Drainage excavation, type reconstruction/constructio n leadoff ditches, outlet ditches, line ditches, ditchblocks

Mile

4.3

20464
Turnout Reconstruction
Each
42
30104A
Aggregate base, grading crushed #3 compaction method 2
Tons
184

30116 Aggregate surface course, grading PA 2A, compaction method 2

Ton

30150 Aggregate surface course, Type DSA limestone, compaction method 2

Ton

30315-B Roadway reconditioning, compaction method 2

Mile

10.3

60230-A 18 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, compaction method 6

Linear Foot

60231
20 inch steel casing
Linear Foot
346

60705 24 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, compaction method 6

Linear Foot

62550 Turf establishment, hydraulic or dry method

Lump Sum

TOTAL

B.2 SCHEDULE NOTES Comment by Johnson, Melissa -FS: Include necessary information to assist the contractor in completing the price schedule and any other information you wish to highlight.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Comment by Johnson, Melissa -FS: Insert applicable information into these sections.

C.1 SCOPE OF CONTRACT

ROAD WORK

Reconstruction: Forest Road 133

Directions: From the Allegheny National Forest Supervisor’s Office (4 Farm Colony Drive, Warren PA 16365). Turn right on US-62 S. Follow US-62 S/Market St. and US-6 E to T314/Water St. in Hamilton Township for 24 miles. Continue on T314/Water St. to Scenic Drive. Scenic Drive ends and FR 133 begins and the center of the railroad tracks.

General:

All work will be completed in accordance with Project Specification and work descriptions. The work includes: all labor, material and equipment necessary to perform all operations for the work specified in the Project Specification and work descriptions. All work performed will be completed according to the Standard Specification for Roads and Bridges on Federal Highway Projects FP-14, and the Forest Service Supplemental Specification to the FP-14 included as part of this contract.

Scope of Work:

This project consists of completing road maintenance and reconstruction items. To include:

1. Removal and installation of new and existing drainage culverts.

2. Reconditioning the roadway template and reconstructing all drainage features including ditch lines, culvert inlets/outlets, tail ditches and lead outs.

3. Placing and compacting road base and surface aggregates.

4. Seeding and mulching all disturbed areas.

C.2 PROJECT LOCATON

Location: Marienville Ranger District Intersection: Water Street x Scenic Drive Coordinates: 41.728030, -78.947866

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Magnitude of project is between $250,000 and $500,000.

C.4 TECHNICAL SPECIFICATIONS

See attached Scope of Work and Work Description documents.

C.5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) Comment by Johnson, Melissa -FS: Include if Specifications are attached rather than included in Section C.

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

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) Comment by Johnson, Melissa -FS: Include if there are attachments in Section J.

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

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1CLAUSES
52.211-13Time Extensions (SEP 2000)Comment by Johnson, Melissa -FS: Use if including 211-12 and there is more than one completion date for separate stages of work.
52.211-18Variation in Estimated Quantity (APR 1984)Comment by Johnson, Melissa -FS: Use when contract authorizes a variation in estimated quantity of unit-priced items.
52.242-14Suspension of Work (APR 1984)Comment by Johnson, Melissa -FS: Use in all fixed price construction contracts.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Comment by Johnson, Melissa -FS: Use in all fixed price construction contracts.

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 __90 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages—Construction (SEP 2000) Comment by Johnson, Melissa -FS: Use if CO determines liquidated damages are appropriate. See 11.501

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _$500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) Comment by Johnson, Melissa -FS: Use if requiring a post award conference with the contractor.

A post award conference with the successful offeror is required. It will be scheduled and held within ___10___ days after the date of contract award. The conference will be held at __Location: _FR 133 intersection with FR258 (approx.. 0.8 miles from FR 133 beginning.).

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.202-1Definitions (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding SAT.
52.203-3Gratuities (APR 1984)
52.203-5Covenant against Contingent Fees (MAY 2014)
52.203-6Restrictions on Subcontractor Sales to the Government (JUN 2020)
52.203-7Anti-Kickback Procedures (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding $150K.
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding SAT

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-13Contractor Code of Business Ethics and Conduct (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts that exceed $5.5M
52.203-14Display of Hotline Poster(s) (JUN 2020)
52.203-17Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding SAT
52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding SAT
52.204-10Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts $30K or more
52.204-18Commercial and Government Entity Code Maintenance (AUG 2020)Comment by Johnson, Melissa -FS: Required in contracts that contain provision 52.204-16.
52.204-19Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-23Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)
52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)Comment by Johnson, Melissa -FS: Use if value exceeds $35K
52.214-29Order of Precedence – Sealed Bidding (JAN 1986)Comment by Johnson, Melissa -FS: Use in all sealed bids
52.219-6Notice of Total Small Business Set-Aside (NOV 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts set aside for small business
52.219-8Utilization of Small Business Concerns (OCT 2018)Comment by Johnson, Melissa -FS: Use in solicitations and contracts over SAT.
52.219-28Post Award Small Business Program Rerepresentation (NOV 2020)
52.222-3Convict Labor (JUN 2003)
52.222-4Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018)Comment by Johnson, Melissa -FS: Use if over $150K and include the use of laborers or mechanics. (Not required for contracts in Puerto Rico)
52.222-6Construction Wage Rate Requirement (AUG 2018)Comment by Johnson, Melissa -FS: Use in construction solicitations and contracts over $2K.
52.222-7Withholding of Funds (MAY 2014)
52.222-8Payrolls and Basic Records (AUG 2018)
52.222-9Apprentices and Trainees (JUL 2005)
52.222-10Compliance with Copeland Act Requirements (FEB 1988)
52.222-11Subcontracts (Labor Standards) (MAY 2014)
52.222-12Contract Termination - Debarment (MAY 2014)
52.222-13Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)
52.222-14Disputes Concerning Labor Standards (FEB 1988)
52.222-15Certification of Eligibility (MAY 2014)
52.222-21Prohibition of Segregated Facilities (APR 2015)Comment by Johnson, Melissa -FS: Use if including 52.222-26
52.222-26Equal Opportunity (APR 2016)Comment by Johnson, Melissa -FS: Use unless exempt (see 22.807a)
52.222-27Affirmative Action Compliance Requirements for Construction (APR 2015)Comment by Johnson, Melissa -FS: Use if including 52.222-26 and contract is expected to exceed $10K.
52.222-30Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method) (AUG 2018)Comment by Johnson, Melissa -FS: Use in fixed price construction contracts that contain option provisions by which the CO may extend the term of the contract and the CO allows offerors to propose separate prices for each option period. SEE 22.404-12 for other clauses that could be used 222-31, 222-32
52.222-35Equal Opportunity for Veterans (JUN 2020)Comment by Johnson, Melissa -FS: Use if value is expected to be $150K or more.
52.222-36Equal Opportunity for Workers with Disabilities (JUN 2020)Comment by Johnson, Melissa -FS: Use if expected to exceed $15K unless work is in Puerto Rico.
52.222-37Employment Reports on Veterans (JUN 2020)Comment by Johnson, Melissa -FS: Use if including 52.222-35.
52.222-40Notification of Employee Rights Under National Labor Relations Act (DEC 2010)Comment by Johnson, Melissa -FS: Use if expected to exceed SAT. For IDIQs include only if the value of orders in any calendar year is expected to exceed SAT. Not required for work outside of the US.
52.222-50Combating Trafficking in Persons (OCT 2020)
52.222-54Employment Eligibility Verification (OCT 2015)Comment by Johnson, Melissa -FS: Use if expected to exceed $150K except those for work outside the US or have a PoP of less than 120 days
52.222-55Minimum Wages under Executive Order 13658 (NOV 2020)Comment by Johnson, Melissa -FS: Use if clause 52.222-6 is included and work is in the US.
52.222-62Paid Sick Leave under Executive Order 13706 (JAN 2017)Comment by Johnson, Melissa -FS: Use if clause 52.222-6 is included and work is in the US.
52.223-2Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)Comment by Johnson, Melissa -FS: Use unless the contract does not involve the use of biobased products.
52.223-5Pollution Prevention and Right-to-Know Information (MAY 2011)Comment by Johnson, Melissa -FS: Use if performance is in whole or in part on a federal facility
52.223-6Drug-Free Workplace (MAY 2001)
52.223-17Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)Comment by Johnson, Melissa -FS: Use unless the contract will not involve the use of EPA-Designated items.
52.223-18Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
52.223-20Aerosols (JUN 2016)Comment by Johnson, Melissa -FS: Use for products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or(ii) That involve maintenance or repair of electronic or mechanical devices.
52.225-13Restrictions on Certain Foreign Purchases (FEB 2021)Comment by Johnson, Melissa -FS: Use in all unless an exception applies
52.227-1Authorization and Consent (JUN 2020)Comment by Johnson, Melissa -FS: Use if over SAT. Not for use for contracts outside US. Optional under SAT.
52.227-2Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)
52.227-4Patent Indemnity -- Construction Contracts (DEC 2007)
52.228-2Additional Bond Security (OCT 1997)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.228-5Insurance – Work on a Government Installation (JAN 1997)Comment by Johnson, Melissa -FS: Use over SAT for work on a government installation unless work is outside the US. Optional under SAT.
52.228-12Prospective Subcontractor Requests for Bonds (MAY 2014)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.228-14Irrevocable Letter of Credit (NOV 2014)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.229-3Federal, State, and Local Taxes (FEB 2013)Comment by Johnson, Melissa -FS: Use if the contract is in US, fixed price, and over SAT.
52.232-5Payments under Fixed-Price Construction Contracts (MAY 2014)Comment by Johnson, Melissa -FS: Use in fixed price construction contracts
52.232-17Interest (MAY 2014)Comment by Johnson, Melissa -FS: Use in contracts over SAT. Optional below SAT.
52.232-23Assignment of Claims (MAY 2014)Comment by Johnson, Melissa -FS: Use over micro unless prohibiting assignments (see 32.803)

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

52.232-33Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)Comment by Johnson, Melissa -FS: If including 52.204-7 unless payment will be made by GPC.
52.232-39Unenforceability of Unauthorized Obligations (JUN 2013)
52.233-1Disputes (MAY 2014) Alt 1 (DEC 1991)
52.233-3Protest after Award (AUG 1996)
52.233-4Applicable Law for Breach of Contract Claim (OCT 2004)
52.236-2Differing Site Conditions (APR 1984)Comment by Johnson, Melissa -FS: Use if over SAT. Optional under SAT.
52.236-3Site Investigation and Conditions Affecting the Work (APR 1984)
52.236-5Material and Workmanship (APR 1984)
52.236-6Superintendence by the Contractor (APR 1984)Comment by Johnson, Melissa -FS: Use if over SAT. Optional under SAT.
52.236-7Permits and Responsibilities (NOV 1991)
52.236-8Other Contracts (APR 1984)Comment by Johnson, Melissa -FS: Use in all over SAT. Optional under SAT.
52.236-9Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)
52.236-10Operations and Storage Areas (APR 1984)
52.236-11Use and Possession Prior to Completion (APR 1984)
52.236-12Cleaning Up (APR 1984)
52.236-13Accident Prevention (NOV 1991)
Alternate I (NOV 1991)Comment by Johnson, Melissa -FS: Use if work is of a long duration or hazardous nature.
52.236-15Schedules for Construction Contracts (APR 1984)Comment by Johnson, Melissa -FS: Use in FFP construction contract over SAT and greater than 60 days. Optional under 60 days.
52.236-16Quantity Surveys (APR 1984)Comment by Johnson, Melissa -FS: Use in FFP construction when contract provides for unit pricing of items and payment is based on quantity surveys. Use Alt 1 if approved at a level above the CO for the contractor to perform the quantity surveys.

Alternate 1 (APR 1984)

52.236-17Layout of Work (APR 1984)Comment by Johnson, Melissa -FS: Use in FFP construction and use of this clause is appropriate due to a need for accurate work layout and for siting verification during performance.
52.236-21Specifications and Drawings for Construction (FEB 1997)Comment by Johnson, Melissa -FS: Use in FFP construction contract over SAT. Optional under SAT. Use Alt 1 if reproducible shop drawings are needed. Use Alt II if reproducible shop drawings aren’t needed.

Alternate I (APR 1984) Alternate II (APR 1984)

52.242-5Payments to Small Business Subcontractors (JAN 2017)Comment by Johnson, Melissa -FS: Use if including 52.219-9 SB Subcontracting Plan.
52.242-13Bankruptcy (JUL 1995)Comment by Johnson, Melissa -FS: Use if over SAT
52.243-4Changes (JUN 2007)Comment by Johnson, Melissa -FS: Use if over SAT
52.244-2Subcontracts (JUN 2020)Comment by Johnson, Melissa -FS: Use in FFP contracts over SAT under which unpriced contract actions are anticipated.
52.244-6Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020)
52.245-1Government Property (JAN 2017) - Alt 1 (APR 2012)Comment by Johnson, Melissa -FS: Use if providing government property.
52.245-9Use and Charges (APR 2012)
52.246-21Warranty of Construction (MAR 1994)Comment by Johnson, Melissa -FS: Use in FFP construction contracts and the use of a warranty clause has been approved under agency procedures. Use Alt 1 if brand name products are specified.

Alternate I (MAR 1994)

52.248-3Value Engineering – Construction (OCT 2020)Comment by Johnson, Melissa -FS: Use if over SAT unless an incentive contract is contemplated. Optional under SAT..
52.249-2Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996)Comment by Johnson, Melissa -FS: Required over SAT, choose 249-2 for construction or 249-3 for DDR.
52.249-3Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (APR 2012)
52.249-10Default (Fixed-Price Construction) (APR 1984)Comment by Johnson, Melissa -FS: Use in FFP construction contracts exceeing SAT. Optional below SAT. Use with Alt 1 for demo, dismantling, removal.

Alternate I (APR 1984)

52.253-1Computer Generated Forms (JAN 1991)
452.232-70Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)Comment by Johnson, Melissa -FS: Use when bonds are required (over $35K)
452.236-71Prohibition against the Use of Lead-Paint (NOV 1996)Comment by Johnson, Melissa -FS: Use if work involves rehab of buildings)
452.236-72Use of Premises (NOV 1996)
452.236-73Archeological or Historic Sites (FEB 1988)Comment by Johnson, Melissa -FS: Use if work is in an area where they might find historic sites.
452.236-74Control of Erosion, Sedimentation and Pollution (NOV 1996)Comment by Johnson, Melissa -FS: Use if applicable need exists
452.236-76Samples and Certificates (FEB 1988)
452.236-77Emergency Response (NOV 1996)

52.219-14 Limitations on Subcontracting (MAR 2020) Comment by Johnson, Melissa -FS: Use if any portion of the contract is set-aside for small business and amount is over SAT including multiple award contracts where orders may be set aside for small. Choose whether compliance with limitations on subcontracting is required at the contract or order level.

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.225-9 Buy American Act-Construction Materials (FEB 2021) Comment by Johnson, Melissa -FS: Use 225-9 for construction contracts under $7,008,000

(a) Definitions. As used in this clause-

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

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

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

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

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

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

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

Cost of components means-

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

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

Domestic construction material means-

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate 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)* Item1:

Foreign construction material_____________________
Domestic construction material_____________________

Item2:

Foreign construction material_____________________
Domestic construction material_____________________

[* 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.]

52.228-1 Bid Guarantee (SEP 1996) Comment by Johnson, Melissa -FS: Use if a bid guarantee is required (over $150K)

While USDA Deviation dated May 19, 2020 is in effect, the CO may modify this clause to allow for electronic submission of bid guarantee documents.

(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 –

(1) 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 _20___ percent of the bid price or $1,000,00.00, 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 10 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.

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020) Comment by Johnson, Melissa -FS: Use if bonds are required (over $35K)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION APR 2020) Comment by Johnson, Melissa -FS: Use in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant contract is expected to exceed $150,000. The contracting officer may revise paragraphs (b)(1) and/or (b)(2) of the clause to establish a lower percentage in accordance with 28.102-2(b). If the provision at 52.228-1 is not included in the solicitation, the contracting officer must set a period of time for return of executed bonds.

(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 28.102-1(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, EXCEPT THAT A SEAL IS NOT REQUIRED). 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, EXCEPT THAT A SEAL IS NOT REQUIRED). 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 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 U.S.C. 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.

52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021) Comment by Johnson, Melissa -FS: Use if a bid guarantee is required (over $150K) (a)Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b)The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c)The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) Comment by Johnson, Melissa -FS: Use n all (a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.236-4 Physical Data (APR 1984) Comment by Johnson, Melissa -FS: Use if physical data is provided to offerors.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations see data in work description and scope of work.

52.252-6 Authorized Deviations in Clauses (NOV 2020) Comment by Johnson, Melissa -FS: Use if there are clause deviations.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.228-71 Insurance Coverage (NOV 1996) Alt 1 (NOV 1996) Comment by Johnson, Melissa -FS: Use if including 52.228-5

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

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

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

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

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

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage: Comment by Johnson, Melissa -FS: Use if property damage liability insurance is required.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of ____$500,000___ per occurrence.

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS Comment by Johnson, Melissa -FS: List any attachments here. Drawings, plans, wage determination, maps, etc.

Scope of work

Work Description

Forest Service Supplemental Specifications

Wage Decision

Map

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

52.204-8 Annual Representations and Certifications (MAR 2020) (DEVIATION JUL 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is_237310.

(2) The small business size standard is _$39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

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

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price…

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