127EAW24R0039-Road grading. Upper Lake District MNF.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1128244

USDA FOREST SERVICE

PPS FPO SW ZONE CSA-6

ROBERT ARCHER

CONTRACT SPECIALIST

7EAW

USDA FOREST SERVICE

CONTRACT SPECIAIST

VIA EMAIL ONLY

ROBERT.ARCHER@USDA.GOV

ROBERT ARCHER

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

1x 05/31/2024

127EAW24R0039

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

USDA Forest Service

PROJECT: Road grading. Upper Lake District. Mendocino National Forest

Total Small Business Set-Aside

IAW FAR 36.204 Disclosure of Magnitude of the Construction Project - Between $25,000 - $100,000

Important Notes:

Refer to complete continuation pages for bid schedule, scope, specifications, exhibits, and all other information and terms.

Section B.2 provides notes on the bid schedule and bid submission.

Section A provides proposal submission instructions and requirements and Site Visit information.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, 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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 45 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

_____________________ 06/25/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

JEREMY B. BEDNER

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

USDA FOREST SERVICE

PPS FPO SW ZONE CSA-6

ROBERT ARCHER

CONTRACT SPECIALIST

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED

ELECTRONICALLY THROUGH THE

INVOICE PROCESSING

PLATFORM,WWW.IPP.GOV

Solicitation No: 127EAW24R0039 Project Name: Road grading. Upper Lake District. Mendocino National Forest

Table of Contents

SECTION A – INSTRUCTIONS FOR OFFERORS

A.1 PROPOSAL (PRICE QUOTE AND TECHNICAL OFFER) SUBMISSION

A.2 SITE VISIT INFORMATION

A.3 OFFER EVALUATION AND AWARD DETERMINATION

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

B.3 PROJECT TECHNICAL CAPABILITY QUESTIONNAIRE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C-2 PROJECT LOCATION AND ACCESS

C-3 SPECIFICATIONS

C-4 EXHIBITS

C-5 SUBMITTALS

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT CONTRACT REPRESENTATIVES

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

G.3 BASIS OF PAYMENT

G.4 GOVERNMENT-FURNISHED PROPERTY

G.5 POST-AWARD MEETING / PRE-CONSTRUCTION CONFERENCE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 ADDITIONAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

L.1 PROVISIONS

SECTION A – INSTRUCTIONS FOR OFFERORS

A.1 PROPOSAL (PRICE QUOTE AND TECHNICAL OFFER) SUBMISSION

A. The following items comprising the complete Proposal shall be provided with the offer:

i. SF1442. Complete Blocks 30a-c. Signed by an individual authorized by bind the firm.

ii. Price Offer. Complete B.1 Bid Schedule.

iii. Project Technical Capability Questionnaire. Responses are required. See B.3

iv. Amendments to the soliciation.

Acknowledged/signed. If applicable. See C. below.

v. Complete all Representations and Certifications listed in Section K.3.

Offerors may include the electronic version of the completed Representations and Certifications from vendor record/profile from the System for Award Management (SAM).

https://www.sam.gov/SAM/

vi. Contractors shall include the following information with their proposal submission:

Company Name: _______________________

SAM Unique Entity ID (UEI) Number:_______________________

POC Name & Title: _______________________

Phone Number: _______________________

Email: _______________________

B. Proposals (price quote and technical offer) shall be submitted VIA EMAIL ONLY to Robert Archer, Contract Specialist.

Submit complete proposal to Robert.Archer@usda.gov

No hardcopy proposals shall be accepted.

https://www.sam.gov/SAM/ mailto:Robert.Archer@usda.gov

C. Questions / Requests for Information must be submitted by close of business June 18th, 2024.

Questions submitted after this due date may not be considered by the Government for review and answer.

All RFIs shall be addressed in-writing (via email) to the Contract Specialist at Robert.Archer@usda.gov.

Answers to all technical questions submitted timely shall be provided via an Amendment published to Contracting Opportunities on SAM.gov under the subject solicitation announcement.

Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.

D. General The Government must receive your proposal no later than the date and time specified in this solicitation announcement as specified by the initial Contract Opportunities announcement – OR – the date/time specific in solicitation amendment(s) revising the due date, if any. Electronic proposals must be transmitted and confirmed received by the established due date and time. Contractor is responsible for verifying receipt of proposal by the Contract Specialist.

Offeror shall be required to submit the proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Each Offeror responding to this solicitation must submit to the Government its offer consisting of the documentation described in Section A. Such documentation shall be submitted with the offer and shall conform to the requirements of the solicitation.

Nonconforming offers may result in rejection of the offer. Failure to include the required submission with sufficient information for the Government to evaluate may result in an Unacceptable rating and possible elimination from further consideration for the contract award. The Government may reject any or all proposals, make award to other than the lowest offeror and waive minor informalities or irregularities in offers received. If necessary, the Government may conduct discussions with any offeror. The Government may award a contract on the basis of offers as received, without entering into discussions with any offeror. Therefore, each initial offer should contain the offeror's best terms.

A.2 SITE VISIT INFORMATION

The Government will not hold a scheduled site visit. However, the Forest Service highly recommends that bidders visit the project site / work area to ensure complete understanding of the requirement and knowledge of site conditions and operational challenges. Interested bidders may contact Francisco Rico for questions, or logistics regarding visiting the site between the hours of 8AM and 5PM, Monday through Friday. Except federal holidays.

SITE VISIT POC

Francisco Rico C: 530-913-9631 Francisco.rico@usda.gov mailto:Francisco.rico@usda.gov

IAW FAR 52.236-27 SITE VISIT (CONSTRUCTION)

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.

A.3 OFFER EVALUATION AND AWARD DETERMINATION

A.3.1 Evaluation Factors The Government will select for award offers/proposals that represent the Best Value for the Government based on the Lowest-Price Technically Acceptable (LPTA) evaluation method with the following evaluation factors:

1. Technically Capability Understanding, Capability, and Prior Experience associated with the Government’s project requirement.

Past Performance Evaluation shall be based on the Government’s review of completed performance evaluations in the Government’s past performance database, Contractor Performance Assessment Reporting System (CPARS). Performance review shall also apply to the prior projects/contracts submitted with the Technical Project Questionnaire.

Past performance shall be evaluated in terms of the quality of the offeror’s performance on the prior contracts with completed Federal Government performance evaluations (CPARS), prior projects/contracts submitted by the offeror, and/or other sources. The Government may contact and reserves the right to interview the project/contract references included on offeror’s submitted prior projects/contracts or the Government representative listed in CPARS.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The Government may review any other sources of information for evaluating past performance. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Contractor Performance Appraisal Reporting System (CPARS), or other databases;

interviews with Program Managers, Contracting Officers, and other Government officials. While the Government may elect to consider data from other sources, the burden of providing detailed, current, and accurate prior experience and past performance information rests with the offeror.

2. Price The quote/price offer is based on the pricing information submitted per Section B – Schedule of Supplies and Services B.1 Bid Schedule. The proposal price shall be evaluated for Fair and Reasonable Pricing and Price Realism.

A.3.2 Evaluation Ratings Proposal shall be evaluated and rated as either Acceptable or Unacceptable.

“Acceptable” defined as offeror/proposal clearly demonstrates the ability to meet the requirements of the RFP.

“Unacceptable” defined as offeror/proposal does not clearly demonstrate the ability to meet the requirements of the RFP.

A.3.3 Contractor Responsibility Determination The Government will determine contractor responsibility by analyzing whether the selected awardee comply with FAR 9.1 including:

• Registration in the System of Award Management (SAM); offeror must have an active registration at the time of proposal submission.

• Adequate financial resources or the ability to obtain them;

• Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

• Satisfactory record of integrity and business ethics;

• Necessary organization, experience, skills, and facilities or the ability to obtain them;

• Otherwise, qualified, and eligible to receive an award under applicable laws and regulations.

(END OF SECTION)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Number Description

Pay Unit

Est.

QTY. Unit Price

Total Price

0001 Mobilization LS 1 0002 Road Grading Mile 37.99

Contract Total = $

B.2 SCHEDULE NOTES

1. Required to submit pricing for ALL bid items. Include unit pricing and totals for all bid items. Failure to do so may result in the proposal being rejected without further consideration. No breakdown of the unit price is required.

2. All quantities in the bid schedule are Contract Quantity [CQ]. Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

3. The Government has an estimated price range of Between $25,000 and $100,000, IAW FAR

36.204 – Disclosure of the Magnitude of Construction Projects.

B.3 PROJECT TECHNICAL CAPABILITY QUESTIONNAIRE

Required to submit answers to the following questions with the proposal:

1. Provide a brief explanation of your capability to accomplish this work. You can include a description of the work you plan to subcontract out.

2. Include a list of equipment you will provide to complete the work (owned or rented) and certifications or licenses held by personnel involved in the operation of listed equipment.

3. Provide your expected project schedule including sequence of work items and approximate time to complete each item.

4. Provide at least one (1) example of projects/contracts completed within the prior three (3) years of a similar nature as required by this RFP. Include the dates of performance, price, contract number, who you worked for, contact person/reference, and their phone number.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Mendocino National for the road blading of approximately 39.77 miles of existing Forest Service roads on the Mendocino National Forest. The Contractor shall furnish all labor, equipment, tools, supervision and transportation necessary to perform the work in accordance with the terms and specifications of the contract. Major construction or reconstruction is not intended under this contract.

The contractor shall provide al personnell, equipment, supplies, facilites, transportation, tools, materials, supervision, testing, nonpersonal services, and all incidental items necessary to perform the requirements of this SOW and associated contract award.

All work shall be done in accordance with applicable Specifications and Industry Standards.

Where one or more of these conflict, the most stringent shall apply to the prosecution of work.

The attachments listed in Section J are hereby made part of this solicitation and any resultant contract.

Contractor shall, without any additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for compliance with any federal, state, and local laws, codes, regulations, and ordinances applicable to and required for performance of the project work.

C-2 PROJECT LOCATION AND ACCESS

Forest Mendocino District Upper Lake County Lake

All roads are located on the Upper Lake Ranger District of the Mendocino National Forest in Lake *County.

Maps (Attachment 2) and List of Roads (Attachment 3) provided by the Government with this contract.

C-3 SPECIFICATIONS

[X] FHWA Standard Specification 2014 applies.

[_] FHWA Standard Specification 2014 Metric applies.

This document is incorporated by reference and is available on the web at:

https://flh.fhwa.dot.gov/resources/specs/FP-14/ https://flh.fhwa.dot.gov/resources/specs/FP-14/

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

C-4 EXHIBITS

Refer to Section J

Maps & Drawings

Forest Service Supplemental Specifications [FSSS] All specifications not included in the specification listing but referenced by listed specifications are applicable.

List of Roads

Fire Plan

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Specifications referenced in Section J.

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

C-5 SUBMITTALS

Submittal Requirements

The contractor shall furnish a Safety Plan, along with a detailed Plan of Operation for approval by the Government prior to starting work and abide by the Fire Plan.

The following submittals are required for this project: Title

Referenced by Specification No Time of Government Approval After Submittal

Project Schedule See “Reporting Requirements”

14 days prior to prework Plan Of Operations FSSS 314.04 14 days prior to prework Traffic Control Plan FP-14 156 – Public Traffic 14 days prior to prework meeting Equipment Mobilization

FP-14 151 – Mobilization 14 days prior to mobilizing

Contractor Quality Control Plan FP-14 153.02 – Contractor Quality l l

Before beginning work Bi-Weekly Status Report See “Reporting Requirements” b l Bi-weekly, every Friday, b 00 l l i il

Reporting Requirements: Contractor is responsible to submit a project schedule as part of their proposal. Once selected the Government will share comments on the project schedule to be addressed by the Contractor for resubmission. Contractor will submit updated project schedule

14 days prior to prework meeting to be approved by the Government.

The contractor is required to provide written progress reports bi-weekly for the duration of the project. The progress report shall cover all work completed during the specified period and shall present the work to be accomplished during the subsequent period. This report shall also identify any problems that arose and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved and provide an explanation.

Submittals shall include the following unless otherwise required in the specification:

A. Date and revision dates B. Project name and contract number C. Names of Contractor, subcontractor, supplier, and manufacturer D. Specifications section number E. Field dimensions and relation to adjacent structures F. Applicable standards such as ASTM or Federal Specifications G. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 15 working days of contract award unless otherwise required by the specification.

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative (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.

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

INCORPORATED BY REFERENCE

52.236-15 Schedules for Construction Contracts (APR 1984) 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 project within 45 calendar days. The time stated for completion shall include final cleanup of the premises.

AGAR 452.211-74 Period of Performance (FEB 1988) The project contract duration is estimated to have period of performance (POP) of 45 calendar days from the issuance of the Notice to Proceed (NTP).

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT CONTRACT REPRESENTATIVES

Only a U.S. Forest Service warranted Contracting Officer may change or modify the terms of this contract. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

Contracting Officer (CO) Jeremy Bedner Procurement and Property Services (PPS), Field Procurement Operations, Southwest Zone Contract Service Area (CSA)6 – Construction and A&E Contracts Branch Jeremy.Bedner@usda.gov

Contract Specialist (CS) Robert Archer Procurement and Property Services (PPS), Field Procurement Operations, Southwest Zone Contract Service Area (CSA)6 – Construction and A&E Contracts Branch Robert.Archer@usda.gov

Contracting Officer’s Representative (COR) Francisco Rico Civil Engineer Francisco.rico@usda.gov

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

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

The COR will act as a liaison between the U.S. Forest Service and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor of its responsibilities under the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by mailto:Jeremy.Bedner@usda.gov mailto:Francisco.rico@usda.gov 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.

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

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor:

1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

G.2.1 INVOICE PROCESSING PLATFORM [IPP]

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System. “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract.

The IPP website address is: https://www.ipp.gov.The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3

– 5 business days of the contract award date. Contractor assistance with enrollment can be https://www.ipp.gov/ obtained by contacting the IPP Production Helpdesk via e-mail ippgroup@bos.frb.org or phone

(866) 973-3131.

Invoices shall be submitted not more frequently than once every two weeks.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• Certified Payrolls. Prime contractor and subcontract payrolls (if applicable). See G.2.2.

• Release of Claims. Required for final payment. See G.2.4

G.2.2 Certified Payrolls.

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 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.

G.2.3 Wage Determination Construction Wage (Davis-Bacon) Decision applies to this project and associated award.

CWD included as Attachment 1 - Davis-Bacon Act WD CA20240004 – Lake County. Refer to Section J.

G.3 BASIS OF PAYMENT

Payment will be made at the contract unit price for all work indicated the Pay Item Schedule (B.1), in accordance with the Specifications and Statement of Work (SOW), completed and accepted.

The intent of the contract is to provide for the completion of the project described in this 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 SOW and all exhibits of the contract. Payment for contract work will be made only for and under those pay items included in the Pay Item Schedule. All other work and materials will be considered as incidental to and included in the payment of items shown.

The pricing and payment associated shall constitute full compensation for furnishing and hauling all necessary materials to the project site, for proper disposal of all waste materials, and for furnishing all labor, tools, equipment, and incidentals necessary to complete the project as specified.

Payment will be made on actual work performed.

http://www.dol.gov/

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 Payment 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.

Final Payment The following is required for final payment:

Contract Release / Release of Claims

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:” _______" Template will be provided to the contract awardee

G.4 GOVERNMENT-FURNISHED PROPERTY

None

G.5 POST-AWARD MEETING / PRE-CONSTRUCTION CONFERENCE

IAW AGAR 452.215-73 (NOV 1996)

IAW FAR 52.236-26 (FEB 1995)

A post-award meeting / pre-construction conference with the awardee is required. It should be scheduled and held within 10 days following the date of contract award. The conference will be held at virtually via Microsoft TEAMS at a mutually agreeable date/time and will be scheduled by the CO and COR.

Note: An in-person meeting at the project site shall be coordinated between the contractor and the COR and other Forest representatives.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

i. Project Manager

ii. Project Superintendent

iii. Quality Control Manager

iv. Project Safety Manager

v. After-Hours Emergency Contact

vi. Signature Authority for Contract Mod

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested.

by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 ADDITIONAL CONTRACT REQUIREMENTS

Use of Premises

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

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

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

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

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

(f) The Contractor is responsible for all road maintenance and repair work caused by their operations.

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over-width permits.

Forest Service overload permits for this project may be obtained from the Supervisor’s Office.

Heritage/Archeology

(a) In the event that cultural resources are discovered during implementation, all work in the area shall cease and the Forest Heritage Program Manager shall be notified immediately.

Any inadvertent discoveries within the project boundary shall be protected utilizing Standard Protection Measures as stipulated in the First Amended Region 5 Programmatic Agreement

(2018 R5 PA).

(b) Should inadvertent effects to or unanticipated discoveries of human remains be made on Region 5 lands, the County Coroner (California Health and Safety Code 7050.5(b)) shall be notified immediately. If the remains are determined to be Native American or if Native American cultural items pursuant to NAGPRA are uncovered, the provisions of NAGPRA and its regulations at 43 CFR 10 and ARPA at 43 CFR 7 shall be followed on federal lands (R5 PA Stipulation 7.9 (a)).

Traffic Control

(a) The Contractor shall provide a traffic control plan which accommodates traffic according to the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the FHWA Standard Specification FP-14 sections (156 and 635), and relevant Forest Service Supplemental Specifications. The Contractor shall perform work in a manner that ensures safety and convenience to the public.

(b) The Contractor shall provide, erect, disassemble, remove, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public as approved by the Contracting Officer Representative.

(c) The contractor shall notify the public of potential delays or closures caused by construction and changes in traffic control configuration a minimum of 15 days prior to the delays or closures. The traffic control plan must detail the contractor’s procedure to notify emergency services of on-going construction activities and when delays of more than 15 minutes are anticipated. The traffic control plan shall be prepared as an electronic flier and approved by the Contracting Officer prior to the contractor instituting any traffic delays or closures.

Storage and Stockpiling of Materials

(a) Roadway and suitable areas adjacent to the site may be utilized for temporary stockpiling of materials as approved by the Contracting Officer Representative. 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.). The Contractor shall also minimize erosion of soil during construction, storage, and stockpiling. Any sites needed for storage and stockpiling are required to be approved by Contracting Officer Representative prior to use.

(b) Pollutants such as fuels, lubricants, bitumen’s, 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.

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

• Project specific Best Management Practices (BMPs) such as, FSH 7709.56, 77709.57, FSM 7709.59, FSM 7720, FSM 7722, FSM 7732 are required.

Road Maintenance The Contractor(s) shall perform road maintenance work in accordance with the following:

(a) The Contractor shall avoid permanent fouling of gravel or bituminous with earth or debris from side ditches,

(b) Slides, or other sources. The Contractor shall avoid blading surface material off roads.

(c) The Contractor shall minimize damage to ditches, slopes, and road surfaces. Where damage does occur, the Contractor shall restore the road to a condition agreed to by the Contracting Officer within 15 days of receiving written approval from the Contracting Officer.

(d) The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and/or hosing down with water.

(e) Upon completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, the Contractor’s Road maintenance responsibilities shall terminate.

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees

Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 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 (JUL 2018) 52.204-24 Representation Regarding 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 (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUNE 1988) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Representation (SEPT 2021) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Fund (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination – Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEPT 2013)

52.223-5 Pollution Prevention & Right-To-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-9 Buy American – Construction Materials (NOV 2021) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity—Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance—Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety—Pledge of Assets (FEB 2021) 52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments – Alternate I (MAR 2000) 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 (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2021) 52.246-21 Warranty of Construction (MAR 1994) Alternate I (ARPIL 1984) 52.249-2 Termination for Convenience of the Government (Fixed-Price) Alternate I (SEPT 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.242-14 Suspension of Work (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (AUG 1996)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition Against the use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological 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) 452.237-70 Loss, Damage, Destruction, or Repair (FEB 1988)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023…