127EAW22Q0020 McKinley Grove.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

127EAW22Q0020

Procurement & Property Services Southwest Zone-Construction & A&E ATTN: Wendy Whiteman, CO 3237 Peacekeeper Way, Suite 101 McClellan, CA 95652

GAOA McKinley Grove Recreation Trail Maintenance and Interpretive Rehab Project, Sierra National Forest

Estimated Price Range: $100,000.00 - $250,000.00.

This project is Set-Aside 100% for Service-Disabled Veteran Owned Small Businesses.

PLEASE NOTE - QUOTATIONS ARE REQUIRED FOR THIS PROJECT - SEE SECTIONS L & M FOR REQUIREMENTS.

Bid Guarantee is required if quote/proposal exceeds $150,000.

**RETURN PROPOSALS AS DIRECTED IN BLOCK 8 ABOVE TO WENDY WHITEMAN,

wendy.whiteman@usda.gov and PAULA SALES, paula.sales@usda.gov

Note: All quote/ proposal documents must be emailed to wendy.whiteman@usda.gov and paula.sales@usda.gov

Cesar Sanchez, Technical 559-297-0706 ext 4987

1 4405/16/2022

06/16/2022

5:00 PM

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

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)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Project Name: McKinley Grove Trail Los Padres National Forest

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Spec item No. Qty Unit of

Issue Unit Price Total Price

0001 Construction Staking 1 JB 0002 Quality Control and Quantity

Measurement

1 JB $ $

0003 Mobilization 1 JB $ $ 0004 Install Best Management Practices

(BMPS) (Includes fiber rolls, wattles, erosion control products, etc)

1 JB

0005 Slash Cleanup 1 JB $ $ 0006 Construct Asphalt Surface 810 SF $ $ 0007 Construct Outdoor Recreation

Access Routes

728 SF $ $

0008 Install Picnic Tables 3 EA $ $ 0009 Install Entrance Sign 2 EA $ $ 0010 Install Bulletin Boards 2 EA $ $ 0011 Install Signs 13 EA $ $

Total

B.2 SCHEDULE NOTES

Quoters must submit pricing for all items.

This will be a firm fixed price contract.

NOTE: A detailed bid schedule shall be filled out by the successful bidder and shall serve as a Schedule of Values. The Schedule of Values shall be filled out completely and submitted for the Contracting Officer’s approval prior to the Pre-Work Conference. The accepted Schedule of Values shall be submitted with each application for progress payment, reflecting the actual work completed for period of payment application. Payments will not be approved without Schedule of Values attached to payment application.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Forest Service shall furnish the interpretive signs and frames and inform the contractor of the parameter of the slash cleanup and the burn pile locations.

This project consists of the contractor furnishing all labor, equipment, materials, and incidentals necessary to:

• install best management practices such as fiber rolls, wattles, erosion control products, etc.;

• conduct removal and disposal of existing facilities such as signs, asphalt surface trail, and board edge along the asphalt surface trail;

• conduct slash cleanup around the interpretive trail and within the grove and picnic site and deliver the slash to burn piles on the forest for burning;

• construct a new asphalt surface trail, asphalt access aisles at accessible parking stalls, and asphalt aprons at interpretive signs including procurement and installation of aggregate base;

• paint traffic markings and striping;

• install a rock lined ditch to repair an eroded asphalt edge at the picnic site parking lot;

• construct picnic sites and hardened aggregate surface outdoor recreation access routes

(ORARS) including procurement and installation of aggregate base and surface courses;

• install picnic tables, entrance signs, bulletin boards, stop signs, do-not-enter signs, accessibility signs, destination signs, and interpretive signs;

• and implement all other aspects shown on the plans.

C.2 PROJECT LOCATON

From the High Sierra Ranger District Office, turn right onto CA-168 for 2.5 miles. Turn left to stay on CA-168 for 14.5 miles. Turn right onto Dinkey Creek Rd for 11.8 miles. Turn right onto McKinley Grove Road for 5.8 miles to reach McKinley Grove Picnic Site.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

$100,000.00 - $250,000.00

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL 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 is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

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

Inspections Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

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

52.211-18 Variation in Estimated Quantity (Apr 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

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

Weather 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.

Average low temperatures at the project site range from temperatures of less than 30 ºF in December and January to lows of 50 ºF in July thru September. Average high temperatures range from 60 ºF in December and January to over 100 ºF in July thru September. The annual precipitation at the project site varies from less than 4 inches per year including snow fall in the valley to several feet of snow in the mountains. Winter snowstorms and freezing temperatures will occur during the winter months that result in a winter project shutdown at higher elevations.

Icy conditions on local roads and highways can occur during the fall, winter and spring.

Highway curves in shaded areas will remain covered with ice or frost for weeks.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled TBD.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The Contracting Officer’s Representative 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 Contracting Officer’s Representative, 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 Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative 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.

Contracting Officers Representative:

Name: Bradley King Phone Number: 805-961-5765 Bradley.king@usda.gov

G.3 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: ______________"

G.4 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.

G.5 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.

G.8 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. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Invoices in IPP are the official record of payment. The payment certification per FAR 52.232-5 and a breakdown of billing, based on the pricing schedule, must be included as attachments to the IPP invoice in pdf or jpg format. (See next page for payment certification language.) The contractor must also be up-to-date on certified payrolls for the invoiced timeframe, FAR 52.222- 8, by sending these to the COR prior to submitting the pertinent invoice. Do not upload payrolls to IPP. For assistance with creating invoices and attachments in IPP, the help desk phone number is 1-866-973-3131.

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. Certifications from other https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/ http://www.dol.gov/

State or County government forms are not compliant.

Invoices that do not meet these requirements will be rejected, delaying invoice payment.

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.

Signature

Name

Title

Date

Invoiced Timeframe

Invoice Number

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 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, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.2 ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

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

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.4 INSURANCE COVERAGE

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

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

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

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

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

H.5 LANDSCAPE PRESERVATION

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.

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

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; 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.

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.6 CLEANING OF TOOLS AND EQUIPMENT (7/96)

To prevent the introduction of seeds of noxious weeds onto National Forest land, Contractor shall ensure all tools and equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that contains or hold seeds. Contractor shall employ whatever cleaning methods necessary to ensure compliance the terms of this provision and shall notify the Forest Service prior to moving each piece of equipment onto National Forest land. Notification shall include identifying the location of the equipment’s most recent operations. 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.

H.7 SAFETY, EMERGENCIES AND EVACUATION

Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

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):

[X](a) Trail Construction - 100 meters on either side of the centerline [ ](b) Construction of Structures - 100 meters around the perimeter of the project [ ](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project

H.8 UTILITY SERVIES

Electrical and water utilities located on site. Utilities may not be available for contractor use at time of construction.

H.9 HIGHWAY PERMITS

Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site.

H.10 TOILETS

No toilet or shower facilities are available on site. Contractor shall provide toilet facilities for its employees.

H.11 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.

H.12 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.

H.13 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.

Contractor may use a self-contained travel trailer or recreational vehicle to camp on National Forest System lands near the project sites subject to the approval of the Contracting Officer. All waste material must be transported off-site to a station equipped to handle such waste.

H.14 SECURITY

Contractor is responsible for the Contractor’s equipment and materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

H.15 EQUIPMENT CLEANING

On National Forest Service project, all construction equipment shall be cleaned prior to entering Forest Service Land to prevent introduction of invasive plant and animal species. The following will be required at all project sites:

a. All equipment and machinery except passenger vehicles such as trucks, vans, pickups, and cars used for transport of personnel, shall be cleaned prior to entering Forest Service (FS) land.

If equipment is moved from FS land, used on a project elsewhere and returned to FS land, cleaning is also required before returning to FS land. This includes wheels, tires, tracks, buckets, stabilizers, undercarriages and bumpers. All washing must take place off of FS land or in designated wash areas where rinse water is collected and disposed of in either a sanitary sewer, a landfill, or other facility authorized to accept such rinse water. Depending on the nature of the debris, the equipment may be cleaned using mechanical methods (brushing, scraping, prying), compressed air, high-pressure water, or steam. Visual inspection of the equipment shall not show plant material, seeds, dirt clods, or other such debris.

b. Contractor shall notify the designated Forest Service contact at least 2 working days prior to moving each piece of equipment on to National Forest land or the project area immediately adjacent to FS land, unless otherwise agreed by the CO. Notification will include vehicle washing information. Upon request of Forest Service, Arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed in service. Work on Forest Service land may not commence until documentation of cleaning has been obtained unless otherwise agreed by the CO.

c. Any equipment, tools, or vehicles that have been staged off established roads or created ground disturbance within areas that the Forest Service has identified as containing invasive plant species, shall be cleaned to remove dirt and vegetation that could contain weed seed or root fragments before leaving the site of infestation. Depending on the nature of the debris, the equipment shall be cleaned using mechanical methods (brushing, scraping, prying), or compressed air.

d. Contractor shall certify in writing compliance with the terms of provision prior to each start-up of operations. The Forest Service may direct equipment operator to remove any equipment from Forest Service land if certification of compliance has not been obtained.

e. Any new infestations of invasive species, identified by the Contractor or Forest Service, on National Forest land in the work area or on the access route shall be promptly reported to the other party.

H.16 PROJECT SITE CLEANUP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, and residue off of National Forest Land.

Contractor shall have hazardous spill clean-up kit available at all sites and shall be available during construction equipment operation. All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

H.17 EQUIPMENT AND SPILL RESPONSE PLAN

Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

A spill contingency plan and spill prevention and countermeasure plan (SPCC) must be prepared if hazardous materials (including fuels and oils) stored on the Sierra National Forest exceed 1320 gallons, or if a single container exceeds 660 gallons.

The plan will at a minimum include: the types and amounts of hazardous materials located in the project area, pre-project identified locations for hazardous materials storage and fueling/maintenance activities (must be located outside of RCA and CAR unless prior approval by District Hydrologist), methods for containment of hazardous materials and contents of on-site emergency spill kit, and a contingency plan (including contact names with phone numbers) to implement in the event of a spill.

The SPCC plan must be approved by the Forest Service prior to project implementation. Project personnel will be aware of the Forest Spill Plan, including who to contact and other steps to take in case of a spill. Ensure that hazardous spill kits are adequately stocked with necessary supplies and are maintained in accessible locations. All waste oil, containers, and other materials will be removed from NFS lands and properly disposed of.

For heavy equipment: Storage of hazardous materials (including fuels) and servicing and refueling of equipment will be conducted at pre-designated locations outside of RCAs – RCAs extend 300 feet from Kings River and the nearby wetland, and 150 feet from seasonally flowing streams. If fueling and/or storage or hazardous materials are needed within these areas, those sites must be reviewed and approved by the District Hydrologist. Additional protection measures, such as containment devices, may be necessary.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 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) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 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) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION APR 2020)

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) 52.253-1 Computer Generated Forms (JAN 1991)

52.225-9 Buy American Act-Construction Materials (NOV 2021)

(a) Definitions. As used in this clause-

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

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

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

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

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

and

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material

(whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

Domestic construction material means-

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

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

or

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

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

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

(2) This requirement does not apply to information technology that is a commercial product 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 20 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:

Foreign construction material _______ _______ _______ Domestic construction material…