127EAS21Q0001 Thompson Meadow Corral.doc

www.acquisition.gov/far/

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

127EAS21Q0001

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

10/14/2020

PAGE OF PAGES

IMPORTANT — The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE ORDER NO.

1014809

6. PROJECT NO.

7. ISSUED BY

CODE

USDA FOREST SERVICE

Central California Acquisition Service Area

631 Coyote Street

Nevada City, California 95959 See Block 7.

9. FOR INFORMATION

CONTACT:

J. NAME

Robert Briney

B. CONTACT INFORMATION

(530) 446-1425 or email robert.briney@usda.gov

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):

Project Title: Thompson Meadow Corral The Government’s estimate is: $25,000.00 to $100,000.00 Contractor MUST be registered in System for Award Management www.sam.gov **Please provide the following information:**

DUNS#_______________________

11. The Contractor shall begin performance within 10 calendar days and complete it within SEE SECTION C and F calendar days after receiving FORMCHECKBOX award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 01 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM Pacific (hour) local time Friday October 30th 2020. If this is a sealed bid solicitation, offers must 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

FORMCHECKBOX

is, FORMCHECKBOX 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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1I

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

AMOUNTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

J. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

J. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

J. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304I( )

FORMCHECKBOX

41 U.S.C. 253I( )

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract C. 1 Scope of Contract The intent of this project is to secure services for the design, purchase and delivery of materials and construction of a 6 rail steel corral for holding, loading and shipping of cattle at the Thompson Meadow gathering Pasture facility on the Stanislaus National Forest, Mi-Wok Ranger District. A continuous fence design type may be used for the rails but other design types will be considered. The corral will be constructed adjacent to Road #2N13.

Design at a minimum shall include the following:

1. Design plan

2. List and specifications of all material to be used

3. Construction details such as but not limited to; joints, footings, gauge and length of pipe, footings, loading shoot, overheads and gates.

4. Work schedule

5. Installation method

6. Outside dimensions shall be approximately 80’ wide along Rd #2N13 by approximately 75’ deep. Approximate dimensions are staked at project site.

7. A holding pen on the SE side with external and gates for entry and to the ally way.

8. Two pens for sorting on the NW side for sorting with internal and external gates.

9. A 14’ ally way between holding and sorting pens with a lead-up to the loading shoot/ramp.

10. A loading Shoot and ramp and deck at the right elevation and angle for loading and offloading trucks.

Contractor Responsibility: The Contractor shall provide everything—including, but not limited to, design, all equipment, supplies, transportation, labor, and supervision—necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Installation shall require that the road and corral surface to be restored to its original tread surface with an easy transition to the loading shoot and gates. Local material may be used to assist with this. No transportation of fill material will be required. All waste material from the installation shall be treated. . Contractor shall follow the manufactures installation requirements.

Map showing the work site location are included in section J.

C. 2 Location

The work is located on the Stanislaus National Forest, Groveland Ranger District.

The project is located in:

From Sonora, take Tuolumne Road East approximately 6 miles to fish hatchery Road, turn right on Fish Hatchery Road which turns into Cottonwood Road at mile marker 4. Continue on Cottonwood Road (FS1N04) for Approximately 12 miles and turn left on FS Road #2N13. Travel approximately 1.1 miles to project site. Corral site is on the left, staked and flagged is yellow (See Section J, Project Access Map).

C.3 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. 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.

1) None

C. 4 Contractor Furnished The intent of the Contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, to perform all work required to complete the project in accordance with specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items.

C. 5 Contract Time All work will be completed in 14 calendar days after the effective date of the Notice to Proceed. Estimated start work date is Oct 30, 2020.

TECHNICAL SPECIFICATIONS

C. 6 Standard Specifications

Standard Specifications for Construction of Roads and Bridges on Federal highway projects FP-14 is included in the Invitation for Bids by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the Standard Specifications for Construction of Roads and Bridges on Federal Highway projetcs FP-03 are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or online at http://flh.fhwa.dot.gov/resources/pse/specs/.

Applicable sections of the Standard Specifications for Roads and Bridges are shown under section C-7 entitled “Application of Standard Project Specifications.”

C.7

INSPECTION OF EQUIPMENT.

Prior to award of contract the Government reserves the right to inspect the equipment to be furnished by the Contractor. If the equipment is found to be in such condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected.

C.8

CLEANING OF EQUIPMENT

Contractor shall ensure in writing that equipment (as described above) moved on to National Forest Land is free of soil, vegetative matter or other debris that could contain or hold seeds of noxious weeds. For purposes of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this project.

Equipment shall also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds.

Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this provision, and shall notify Forest Service prior to moving each piece of equipment onto National Forest Land. Notification will include identifying the location of the equipment’s most recent operations. If the prior location of the equipment cannot be identified and certified free of noxious weeds, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being placed into service.

Contractor shall certify in writing compliance with the terms of this provision prior to each start-up of contractor operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be moved in later, will be identified in the certification. For the purposes of this provision, “equipment” includes all tracked vehicles and their attachments. Transports used for hauling equipment, pickup trucks, cars or other vehicles used to daily transport personnel are not considered equipment as relates to this clause.

If the Contractor desires to clean equipment on National Forest Land, such as at the completion of work in an infested area prior to moving to an uninfested area, the Contractor and Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

C.9 Attachments to Statement of Work/Specifications (AGAR 452.211-73) (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Price Range

The Government’s estimate is:

[X] $25,000.00 to $100,000.00.

Estimated Start Date 30 Oct 2020 Option Items

None Restrictions on Work Work shall be performed during daylight hours between 0600 hrs and 1900 hrs local time. Exceptions to these times are:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

Insurance & Certifications The Contractor shall provide evidence of Worker’s Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing (see also Section H, Camping Permit Compliance) Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.

Maps See section J list of attachments Drawings and Specifications See section J list of attachments

SECTION E—INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996)

Inspections

SECTION F—DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisitions.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10) (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 45 calendar days from the effective date on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 Contract Time

Item Estimated Starting Date

Calendar

1. Oct 30th 2020 14 Days Work shall progress at a rate, which will insure job completion within the calendar time specified above.

Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

SECTION G—CONTRACT ADMINISTRATION DATA

Invoices Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

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

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

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

Payment for Materials Off-Site

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

Incidental Items

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

Preconstruction Conference

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

PAYMENT CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

SECTION H—SPECIAL CONTRACT REQUIREMENTS

Emergencies

Fire Plan [x]See Section J, Fire Plan

[ ]Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor’s area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ](a) Trail Construction — 100 meters on either side of the centerline

[X](b) Construction of Structures — 100 meters around the perimeter of the project

[ ]I Road Construction — 400 meters on either side of the centerline

[ ](d) Special for this project:

Utility Services

NONE

Superintendence by Contractor

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

Loss, Damage or Destruction

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

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

Camping Permit Compliance

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

Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials—such as Native American artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)—will be identified for the contractor before work commences.

Spill Plan

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

Equipment Cleaning

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

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

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

SECTION I — CONTRACT CLAUSES

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 these addresses:

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011)

52.204-7 System for Award Management (OCT 2018)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-6 Brand Name or Equal (Aug 1999) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items)(Jan 2019) 52.215-8 Order of Precedence—Uniform Contract Format. (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (Aug 2018)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination — Debarment (MAY 2014)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-26 Equal Opportunity (SEPT 2016)

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

52.223-1 Biobased Product Certification (MAY 2012)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (September 2013).

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

52.225-9 Buy American—Construction Materials. (May 2014)

52.225-10 Notice of Buy American Requirement—Construction Materials. (May 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Aug 2018)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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)

52.228-13 Alternative Payment Protections. Fill in below

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.

52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-16 Progress Payments (APR 2012)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)

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

52.236-2 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)

52.236-14 Availability and Use of Utility Services (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) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-70 Alternative Forms of Security (NOV 1996) Fill in: USDA Forest Service 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

Order of Precedence—Construction

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

(6) Drawings

SECTION J—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachments

(All documents uploaded separately and included in the solicitation) Pages Included

SECTION K--REPRESENTATIONS AND INSTRUCTIONS

AGAR 452.219-70 Size Standard and NAICS Code Information (Sept 2001) Fill in below Contract line item(s): ALL

NAICS Code:

332323 Size Standard:

500 Employees 52.204-8 -- Annual Representations and Certifications. Fill in below

(1) The North American Industry classification System (NAICS) code for this acquisition is __332323__.

(2) The small business size standard is 500 Employees

(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.

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

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

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

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.204-6 Unique Entity Identifier (OCT 2016) 52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2017), Alternate II (OCT 1997) 52.216-1 Type of Contract (APR 1984) Fill in: Firm-fixed price contract 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) Fill in below:

19.8% for Tuolumne County, CA

Tuolumne County 52.232-13 Notice of Progress Payments.

52.236-28 Preparation of Proposals – Construction (OCT 1997)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

FAR 52.236-27 Site Visit (Construction) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Due to the Covid-19 gathering and travel restriction there will not be a Government lead site visit for this project. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(c) Submit request for information (RFI’s) to robert.briney@usda.gov and Patrick.boyer@usda.gov by 3:00 PM PST on the 22nd of October. Responses to RFI’s will be posted on or about the 26th of October.

(End of Provision)

Pre-Bid Information

NOTE: The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of a contract based on this solicitation, unless that understanding or representation is expressly stated in the contract.

Submission of Offers/Preparation of Proposals

Proposals must be submitted in the following ways:

By email to:

robert.briney@usda.gov Address/cover sheets/email subject line to include Solicitation number and project name.

RETURN Sections:

A (SF1442),

B (Schedule of Items), Design with general layout/dimensions and meeting minimum criteria

Response to Evaluation Factors Questionnaire and All proposal information (or its equivalent) when submitting an offer.

Failure to submit all required documents may result in the offer’s being rejected.

STATE OF CALIFORNIA HUD REQUIREMENTS

State of California Department of Housing and Community Development

Required Bid and Contract Language for Funding Provided under Agreement 16-NDR-11694

(For Construction Contracts Only)

Updated: June 28, 2018

The following provisions are hereby incorporated into every bid document, contract, subcontract, or agreement, regardless of how titled, between the United States Forest Service (“USFS”) and any contractor or subcontractor in connection with the provision of services or the performance of construction work for the Forest and Watershed Health Program (“FWHP”) described in that certain Cooperative Endeavor Agreement (“CEA”), 16-NDR-11694, dated September 26, 2017 between the California Department of Housing and Community Development (“HCD”) and the USFS. The CEA governs the use of funding provided to HCD by the Department of Housing and Urban Development (“HUD”) under their Community Development Block Grant (“CDBG”) National Disaster Resilience (“NDR”) funding award to HCD.

1. Compliance with Laws and Regulations Contractors who contract with the United States Forest Service (“USFS”) shall comply with all policies, guidelines, processes, procedures, rules, and requirements of the Federal Acquisition Regulation, 48 CFR Chapter 1, et seq. (“FAR”), as the same may be amended from time to time, as well as all federal, state, and local laws, rules, regulations, ordinances, and guidelines that govern or are otherwise applicable to the FWHP activities described in the CEA.

2. State Labor Standards A.

Where CDBG-NDR funds are being provided through a USFS construction contract and are used for construction work, or in support of construction work, USFS’ contractors and subcontractors shall comply with the requirements of all applicable state or federal prevailing wage laws to which the contracted work is subject. In that regard, USFS shall determine, and its contractors and subcontractors shall pay as directed by USFS, the higher of either (i) the California state prevailing wages set forth in Section 1720, et seq. of the California Labor Code (“LC”), or (ii) the federal prevailing wages set forth in Davis-Bacon and Related Acts (see, e.g., 40 U.S.C. 3141, et seq.).

B.

For the purposes of this requirement, the term "construction work" includes, but is not limited to, rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this contract. All construction work shall be done through the use of a written contract with a duly licensed contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between USFS and a licensed contractor, USFS shall serve as the "awarding body" as that term is defined in the LC. When CDBG-NDR funds are provided to a third party that enters into the construction contract, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to the release of any final retention payment, USFS will require a written certification (or other appropriate documentation) from the awarding body confirming that the higher of state prevailing wages or federal Davis-Bacon and Related Acts prevailing wages, as determined by USFS, have been paid in compliance with the terms hereof and applicable law.

3. Anti-Lobbying Certification All contractors and subcontractors are required to make an anti-lobbying certification and to disclose their lobbying efforts. Accordingly, by executing this agreement, the undersigned hereby certifies, to the best of his or her knowledge and belief, that:

A.

No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

C.

The undersigned shall require that the language of this certification be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4. Contractors and Subcontractors

A. Contractors or subcontractors shall at all times during the term hereof:

1) Possess and maintain all necessary licenses, permits, and authorizations required for the work or service being performed hereunder, and provide satisfactory proof of the same to USFS prior to commencement of any work;

2) Maintain at least the minimum State‑required Workers' Compensation Insurance covering all employees performing FWHP activities hereunder, and provide satisfactory proof of the same to USFS prior to the commencement of any work; and

3) Perform all FWHP activities in accordance with all applicable federal, state, and local laws, regulations, ordinances, and building codes, as the same may be amended from time to time.

5. Access to Records

Contractors and subcontractors shall, at all times during the term of this agreement, provide to HCD, HUD, the State, the Comptroller General of the United States, the California State Auditor, and/or any of their duly authorized representatives, access to any books, documents, papers, and records for the purpose of making audits, examinations, excerpts, and transcriptions pursuant to 2 CFR Part 200.336.

Contractor acknowledges that the USFS will be retaining all financial records, supporting documents, statistical records, and all other records pertinent to FWHP activity implementation and NDR compliance under this agreement for a period of five (5) years after HCD closeout of the CEA.

6. Energy Policy and Conservation Act

This agreement is subject to mandatory standards and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan, issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 163, 89 Stat. 871).

7. Procurement of Recovered Materials

Contractors and subcontractors must comply with section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6901, et seq.), as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) by procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

8. Debarment

HUD funds may not be used to directly or indirectly employ, award contracts to, or otherwise engage the services of any contractor or subcontractor during any period of debarment, suspension or placement of ineligibility status. Prior to entering into any contract, all contractors, subcontractors, and lower tier contractors will be verified against the Federal publication that lists debarred, suspended, and ineligible contractors.

Executive Order 12549, “Debarment and Suspension,” (2 CFR Part 180) provides that awards cannot be made to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs.

9. Section 3 Requirements: Procurement for Contracts and Subcontracts at or above $100,000 A.

The work to be performed under this procurement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 170lu (“Section 3”). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall be, to the greatest extent feasible, directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. Parties receiving CDBG-NDR funds shall be required as part of their contract with the USFS to comply with HUD’s regulations in 24 CFR Part 135 (“Part 135”), which implement Section 3. By signing this agreement, contractor or subcontractor certifies that they are under no contractual or other impediment that would prevent them from complying with Part 135.

C.

Contractors and subcontractors shall send to each labor organization or representative of workers with which the contractor or subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the commitments under this Section 3 provision, and must post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.

D. Contractors shall include this Section 3 provision in every subcontract to ensure compliance with Part 135, and agree to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 provision, upon a finding that the subcontractor is in violation of the Part 135 regulations. Contractor shall not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the Part 135 regulations.

E.

Contractor shall certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the Part 135 regulations require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under Part 135.

F.

Noncompliance with Part 135 regulations may result in sanctions, termination of any contractual agreements for default, and debarment or suspension from future HUD-assisted contracts.

G. Contractor is responsible for completing all reporting regarding Section 3 new hires and Section 3 Businesses. A sample Section 3 new hire chart and eligibility form is provided. Documentation of Section 3 outreach efforts shall also be required if new hires are required. New hire eligibility forms must be collected as hiring takes place.

H. Section 3 Businesses must complete the Section 3 Business Eligibility Form, if applicable. A “Section 3 Business” is defined as:

· A business which is 51% owned by Section 3 residents; or

· A business in which 30% of its permanent employees are or were Section 3 residents; or

· A business which makes a commitment to subcontract in excess of 25% of the dollar award to a Section 3 business.

Section 3 Numerical Goals/Targets:

A.

The target for New Hires & Training Opportunities is 30% of the aggregate number of new hires.

B. The target for construction contracts with Section 3 Business Concerns is 10% of the total dollar amount. The goal is 3% of the total dollar amount of all other Section 3 covered contracts.

SECTION M--EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION

Award will be made using the Simplified Acquisition Procedures in accordance with FAR Part 13. Award will be made to the offeror whose acceptable offer provides the best value to the government, considering price and the non-price factors. Non-price evaluation factors include past performance and Design/technical acceptability.

EVALUATION FACTORS

Acceptability of the Offer

The Government will determine the acceptability of each offer on a pass or fail basis. An offer is acceptable when it manifests the offeror's assent, without exception, to the terms and conditions of the RFQ, including attachments. If an offeror takes an exception to any of the terms and conditions of the RFQ, then the Government will consider its offer to be unacceptable.

(1) Design/technical. The Government will evaluate each offeror's relative understanding of the Government's requirements on the basis of its written submittals addressing the following subfactors:

a) Meets design plan criteria

b) The resources (personnel and equipment) which are planned for use on the project,

d) Plan of work to include the major tasks and timelines.

(3) Organizational Past Performance. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local laws and regulations. The Government will contact some of each offeror's customers to ask whether or not: (1) the offeror was capable, efficient, and effective; (2) the offeror's performance conformed to the terms and conditions of its contract (specifications); (3) work was finished within the contract time; (4) the offeror was reasonable and cooperative during performance; and (5) the offeror was committed to customer satisfaction. In evaluating past performance, the Government will contact some of the references provided by the offeror and other sources of information, including, but not limited to: Federal, state, and local government agencies, better business bureaus, published media, and electronic data bases.

RESPONSE TO EVALUATION FACTORS

Name of the firm:

Experience of the Firm

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