RFQ 12447U20Q0017.pdf

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 1 of 39

Firm-Fixed-Price (FFP) Stand-Alone Contract

2:00 PM

05/29/2020

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12447U20Q0017

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

04/29/2020

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

ALERT: Due to COVID-19 Precautionary Measures, all quotes must be submitted to:

cynthia.granderson@usda.gov.

If your quote is $150,000 or more you are required to e-mail a copy of the Bid Bond and mail the original to the address in Block 7.

USDA Forest Service

Mississippi National Forest

Attn: Cynthia Granderson

200 S Lamar St. STE 500N

Jackson, MS 39201

9. FOR INFORMATION

CALL:

a. NAME cynthia.granderson@usda.gov

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

(601) 965-1619

SOLICITATION

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

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

HOMOCHITTO RANGER DISTRICT VICTOR P WELL REHABILITATION

SITE REPAIR

Mississippi National Forest

Homochitto Ranger District

Meadville Mississippi

(Franklin County)

Please submit your quotations via e-mail to the Block 9.a. address.

Do not forget to provide all items required in Section L, Paragraph L.10.

11. The contractor shall begin performance Ten (10) calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See Contract Section F.2 ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

X YES NO Payment Bond Ten (10)

Note to Quoters:

Another Note:

X X

Note: The offer guarantee (Bid Bond) is only required if your quote is $150,000 or more. X mailto:to:%20cynthia.granderson@usda.gov.

mailto:to:%20cynthia.granderson@usda.gov.

mailto:cynthia.granderson@usda.gov

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 2 of 39

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

E-mail:

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

Cynthia Granderson

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

AMOUNTS

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Invoice Processing Platform (IPP), www.ipp.gov Same as Block 7 http://www.ipp.gov/

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 3 of 39

PART 1—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

HOMOCHITTO RANGER DISTRICT VICTOR P SMITH WELL SITE

REHABILITATION

Mississippi National Forest

Homochitto Ranger District

Meadville MS

(Franklin County)

B.1 SCHEDULE OF ITEMS

TOTAL PRICE: $

EST. PAY UNIT TOTAL

ITEM OF MEAS. QUANTITY UNIT PRICE BID

S-200 AQ 1 LS $ $

204 AQ 1 LS $ $

705.02 AQ 150 TONS $ $

713.16 AQ 500 FT $ $

713.01 AQ 100 YD $ $

713.06 AQ 4 Acre $ $

713.06 AQ 4 Acre $ $

713.06 AQ 4 Acre $ $

713.03

713.06

Mobilization

Repair washouts, cut down slope and build water bars

RipRap (200lbs)

Clover(10lbs)Per Acre

AQ

AQ

Acre

Acre

$_______ Mulch(2000lbs) Per Acre

Bermuda(8lbs)Per Acre

Bahia(20lbs)Per Acre

Topsoil

Silt Fence

131313 Fertilizer 500lbs

PAY METHOD

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SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision and expertise necessary, except as otherwise provided, to successfully complete Erosion Repairs to Well Location in accordance with attached and referenced scope. The proposed project will repair an old existing Well location site along Access Road 110C that is eroding and sloughing.

C.2 PROJECT LOCATION

This project is located off of Forest Service Road 110C in Homochitto National Forest in Franklin County, Mississippi. The area is off of Union Church Road approximately 5 miles north of Meadville.

C.3 PROJECT DESCRIPTION

This project involves erosion repair to Victor P. Well Pad at the Homochitto Ranger District. Work includes placing road closed sign at intersection of road, close to all traffic during the time equipment is working. One way in to road, no other exit. Mobilize equipment, bull dozer, tract excavator and tractor. Repair washouts, cut down slope and build water bars with bulldozer so water can flow on either side of slope not straight down causing more erosion. Place 200 Pound RipRap Limestone Rock in washouts to stabilize the erosion. Place approximately 100 cubic yards of topsoil in and around the disturbed area of the Well location. Install approximately 500 feet of silt fence along the edges to hold material and keep it from entering the creek behind the location. Spread grass seed, lime, fertilizer, mulch/hay around the disturbed areas of Well Location.

C.4 PROJECT TIMING

This project shall be completed between June 15, 2020 and July 15, 2020. The normal construction season at the site is typically April through November 1.

C.5 TECHNICAL SPECIFICATIONS

Technical specifications are contained in applicable sections in:

a) Standard Specifications for National Road Construction,. Available at:

https://www.fs.fed.us/database/acad/dev/roads/200.pdf

The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting contract. Standard Specifications and Special Project Specifications which are applicable to this contract are listed in the attached Specification List. The Special Project Specifications are physically attached.

The contractor shall notify the Contracting Officer’s Representative (COR) when leaving the project area for three or more days and within 24 hours after returning to the project area. Each week, unless otherwise https://www.fs.fed.us/database/acad/dev/roads/200.pdf

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 5 of 39 approved, the Contractor shall report his location and progress of work in writing to the COR to permit timely inspection and acceptance of completed work by the Government.

C.6 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT

As required by FAR 36.204, the estimated price range is between $25,000 and $100,000.

C.7 PRE-QUOTE SITE VISIT

Due to the COVID-19 safety precautions, a pre-quote site visit will not be held.

C.8 TECHICAL POINT OF CONTACT

Michael Everett

Telephone: (601) 384-5876

E-mail: michael.everett@usda.gov

C.9 CONTRACTUAL POINT OF CONTACT

Cynthia Granderson

Telephone: (601) 965-1619

E-mail: cynthia.granderson@usda.gov mailto:michael.everett@usda.gov mailto:cynthia.granderson@usda.gov

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 6 of 39

SECTION D—PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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 shall be be referenced by the contractor on all official communications to the government, e.g.

letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award.

Note: The solicitation number will have an “S” for the solicitation indicator in the number. Contracts will have a similar number format but will have a “C” in place of the “S.”

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SECTION E—INSPECTION AND ACCEPTANCE

E.1 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) http://www.acquisition.gov/?q=browsefar

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SECTION F—DELIVERIES OR PERFORMANCE

F.1 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 address:

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 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 between July 15, 2020 and November 30, 2021. The time stated for completion shall include final cleanup of the premises.

F.3 REQUIRED SUBMITTALS

The following submittals are due within ten (10) calendar days following contract award:

Safety Plan; and

Project Schedule (Final).

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled and held within ten (10) calendar days after the date of contract award. The conference will be held at a location beneficial to all parties.

G.2 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract: [ None at this time ]. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

G.3 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.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 APPLICABLE MITIGATION MEASURES

Hydrology, Soils, and Fisheries

HSF3 - Minimize erosion and sediment delivery to streams and wetlands. During implementation, reduce sedimentation by use of erosion control methods and BMPs such as silt or filter fabric, silt or filter fencing, straw bales, temporary settling ponds, and rain cover. Work being conducted within 50 feet of a live stream or wetland shall utilize silt fencing where appropriate.

HSF4 - Work during dry field conditions. If wet weather conditions during project operations generate and transport sediment to a stream channel or other water body, operations shall cease until the weather conditions improve, unless delaying operations would create the risk of adverse resource impacts. Coordination with FS aquatic specialists shall be part of this decision process.

HSF6 – Any ground-disturbing activities in channels and along the banks of fish-bearing streams or streams located within ¼ mile of fish habitat shall be conducted during in-stream work windows. Ground work outside of the bankfull channel with no potential to negatively affect fish is allowed outside of in-stream work windows.

HSF9 - Dispose of all waste material generated from implementation at the identified waste area, but not within

100 feet buffer of the intermittent stream along the south edge of the waste area. Ensure that the waste material is disposed of in a manner that will not result in erosion and sedimentation.

HSF10 - Waste water from construction activities shall be disposed of or routed away from the stream channel to allow the removal of fine sediments and other contaminants prior to infiltration back into a surface waterbody.

HSF11 - Machinery shall be fueled outside of the Riparian Reserve area and/or as approved by the Forest

Service. Maintain a spill remediation kit onsite for any temporary fuel stored on NFS lands in association with this project.

HSF14 - Heavy machinery and project service vehicles shall be free of leaks. Check heavy machinery for leaks prior to commencement of daily work. Repairs will be conducted before commencing or continuing work. All repairs to machinery or service vehicles shall be conducted at a location outside of riparian reserve areas and/or as approved by the Forest Service.

Heritage Resources

H1 - If a previously unidentified cultural resource(s) is discovered during project implementation, the activity shall be stopped in the area of the find and a reasonable effort to secure and protect the resource(s) shall be made. The Heritage Specialist shall be notified and the Forest would fulfill its responsibilities in accordance with the Programmatic Agreement and other applicable regulations.

H2 - If Indian human remains or other cultural items specified in the Native American Graves Protection and

Repatriation Act (NAGPRA) are discovered, work shall stop and the finding shall be secured. The MBS

NAGPRA protocol shall be followed and the Forest Service will take jurisdiction. Notify the Heritage Specialist

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Vegetation

V1 - If any previously undiscovered TES or S&M plants are discovered, before or during project implementation, halt work until a USFS botanist is consulted and necessary mitigation measures are enacted.

V2 – Thoroughly clean heavy equipment (tracks, wheels, frame, undercarriage, bucket etc) and service vehicles offsite with high pressure washing system prior to commencement of work. Service vehicles leaving the local area (MBS and adjacent municipal areas) and or used off paved municipal roads away from the project area shall be thoroughly cleaned before returning to work site. Equipment shall be inspected by COR prior to mobilization onto Forest Service land to ensure machinery is clean and free of dirt and debris that could contain seeds.

V4 - Suppliers must provide annual documentation indicating that the following products have been examined by a qualified inspector and deemed free of State listed noxious weeds: Straw or other mulch (weed-free straw for erosion control must be certified by WA State via the WWHAM program

(http://www.nwcb.wa.gov/WWHAM/WWHAM_suppliers.htm); Gravel, rock, or other fill; Seeds (according to

Association of Official Seed Analysts' standards).

H.2 USE OF PREMISES

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

b. Camp sites and trailer parking areas used by any employee working on the project for the contractor shall be kept neat and clean. There shall be no improvements made to the site.

c. Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

d. Designated Camp: Contractor camps have not been identified. Trailer and RV parking is best done at or near the Homochitto Ranger Districthead. Primitive spike camps can be established near the work site. Security along the road is an issue when the road is open to the public. It is best not to leave a camp unoccupied overnight of on weekends.

e. Food Preparation & Cooking: (1) Unattended attractants (human foods, soft drinks and alcoholic beverages, cosmetics and toiletries, pet foods, processed livestock feed and grains, cooking residue, empty food containers, and other refuse) will be unavailable to wildlife by either storing in IGBC tested and certified bear resistant containers, or by hanging 10 or more feet above ground level, 4 or more feet from the hanging structure, and 100 or more feet from sleeping areas. Attractants will be considered attended when non-sleeping people are within 80' of the attractants. (2) Food preparation, cooking, and cleaning areas will be

100 or more feet from sleeping areas.

H.3 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to Project Area 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.

http://www.nwcb.wa.gov/WWHAM/WWHAM_suppliers.htm)%3B

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(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure 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.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare 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.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality designated solid waste disposal area.

(d) Tree and Bark Damage: Trees used as anchors or spar poles for cable yarding of construction materials (ie:

bridge beams, barrier logs) shall be protected from bark damage and girdling. Chokers (nylon web, chains, or cable) shall be shimmed and will not have direct contact with live bark.

H.4 LOCAL MATERIALS SOURCES

All borrow areas shall be approved in advance by the Contracting Officer or designated representative and shall be so located and excavated as to be screened from the trail way.

H.5 DISPOSAL OF CONSTRUCTION DEBRIS

Existing structures, such as retainers, waterbars, culverts, bridges, and puncheon, which are removed, and debris from the construction of retainers, waterbars, puncheon, viewpoints, and bridges, shall be disposed of at a site and in a manner approved by the Contracting Officer.

H.6 CLEAN-UP

The following is in addition to FAR Clause 52.236-12.

The contractor shall remove all construction stakes, tags, and plastic flagging located within 50 feet of the completed trail centerline for the entire length of the project within 5 days after the final acceptance of all other work on the project.

H.7 EMERGENCY CONTROL (USDA 452.236-77) (FEB 1988)

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of Contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages on costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

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(a) Contractor's Responsibility for controlling Other Emergencies. When requested by the Contracting Officer, the

Contractor shall allow the Forest Service to temporarily use not less than the current area rate established by the

Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.8 FIRE PROTECTION REQUIREMENTS

a) Disposal by burning is not allowed.

H.9 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

Approved signs shall be placed at the intersection of the road to notify the public of the construction activity.

The contractor will be responsible for all on-site signing.

H.10 MAINTENANCE OF TRAFFIC

The Homochitto Ranger District will be open to the public during construction. The contractor is responsible for maintaining traffic.

H.11 OTHER CONTRACTORS AND ADMINSTRATIVE CREWS

Other Contractor(s) or trail crews may be working adjacent to the project site. The Contractor shall fully cooperate with the other Contractor(s) and work crews, including planning and scheduling.

H.12 SAMPLES AND CERTIFICATES (USDA 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. The

Contractor shall submit samples in duplicate, except as otherwise specified, to show compliance with the contract requirements.

Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer. Submittals will be reviewed and either approved or rejected within 14 calendar days of their receipt by the Contracting Officer or COR.

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Certifications will be required for Rebar, Mortar, Grout, and Aggregates.

H.13 PRODUCT SUBSTITUTIONS, SHOP DRAWINGS AND MATERIAL CERTIFICATION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the

Contractor's responsibility for such modification. The Contractor will request any and all substitutions, after award of the contract has been made. No approvals will be made prior to award.

H.14 DEFINITIONS AND ABBREVIATIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

a) Definitions

Building Limits - A line 5 feet outside foundations of the structure.

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the

Special Project Specifications.

Contract Amendment - A bilateral written supplemental agreement between the Government and the

Contractor.

Contracting Officer (CO) - An official of the Government with the authority to enter into, administer, and/or terminate contracts, make determinations and findings, etc.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority.

May also be referred to as the Engineer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plans, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Inspector - The government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

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Materials - Any substances for use in the construction of the project and its appurtenances.

Notice of Non-Compliance - Written notice issued detailing specific area(s) of non-compliance with contract requirements.

Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

Pay Item - A unit of work for which a price is shown in the Schedule of Items.

Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract, which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and addition and revisions to Standard

Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region-wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water, and sewage.

Work Order - A written instruction directing the Contractor to fulfill contract requirements.

b. Abbreviations

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AGC Associated General Contractors of America

AGMA American Gas Manufacturers Association

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

AITC American Institute of Timber Construction

ANSI American National Standards Institute

APA American Plywood Association

API American Petroleum Institute

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials

AWPB American Wood Preservers Bureau

AWPA American Wood Preserver's Association

AWS American Welding Society

AWWA American Water Works Association

CS Commercial Standard issued by U.S. Department of Commerce

DEMA Diesel Engine Manufacturers Association

ETL Electrical Testing Laboratory

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ENSA Electrical National Standards Association

FAR Federal Acquisition Regulations

FHA Federal Housing Administration

FED. SPEC. or

F.S.

Federal Specifications

FSS Federal Specifications and Standards

GSA General Services Administration

ICBO International Conference of Building Officials

ICEI Internal Combustion Engine Institute

IEEE Institute of Electrical and Electronic Engineers

IPCEA Insulated Power Cable Engineers Association

MSHA Mine Safety and Health Administration

MIL Military Specifications

NBFU National Board of Fire Underwriters

NBS National Bureau of Standards

NEC National Electric Code

NEMA National Electrical Manufacturers Associations

NESC National Electrical Safety Code

NFPA (Fire) National Fire Protection Association

NFPA (Forest) National Forest Products Association

NPC National Plumbing Code

NSF National Sanitation Foundation

NWMA National Woodwork Manufacturers Association

OSHA Occupational Safety and Health Act

PS Product Standard issued by U.S. Department of Commerce

RIS Redwood Inspection Service

SPA Southern Pine Association

SSPC Steel Structures Painting Council

UBC Uniform Building Code

UL Underwriters' Laboratories, Inc.

UMC Uniform Mechanical Code

USASI United States of America Standards Institute

WCLIB West Coast Lumber Inspector Bureau

WRC Western Red Cedar

WWPA Western Wood Products Association

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

SMACCNA Sheet Metal and Air Conditioning Contractors National Association

RFQ No. 12447U20Q0017 Homochitto Ranger District Victor P Smith Well Site Rehabilitation Page 17 of 39

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

(FAC Number/Effective Date: 2020-05/03-30-2020)

I.1 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/agar

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-6 Construction Wage Rates Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (AUG 2018)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rates Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-20 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)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) http://www.acquisition.gov/?q=browsefar http://www.acquisition.gov/agar

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52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

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)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

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

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 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)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (NOV 2016)

52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984) Alternate 1 (APR 1984)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988)

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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)

I.2 FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications).

(2) Representations and other Instructions.

(3) Contract clauses.

(4) Other documents, exhibits, and attachments.

(5) The specifications.

I.3 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.

I.4 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(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 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.

http://www.biopreferred.gov/ http://www.sam.gov/

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“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 paid to 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;

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(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)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

I.5 FAR 52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(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 $20,000.00, whichever is less.

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(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…