Amendment A00003. - 127EAW25R0003 - Phase I Road maintenance- Buckhorn Road.pdf
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- Solicitation number
- 127EAW25R0003
- Issued by
-
Department of Agriculture Forest Service
About this file
This is Amendment A00003 to solicitation 127EAW25R0003 for Phase I Road maintenance on Buckhorn Road in Los Padres National Forest, California. The amendment updates several sections of the solicitation including C.6 Safety Plan, H.1 Special Requirements, and I.1 Clauses.
The contract requires road and drainage maintenance for three roads on the Santa Barbara Ranger District, encompassing 11 miles of road blading, restoration of existing drainage dips, and upgrading of 75 overside drains and rolling dips on unsurfaced roads. A pre-proposal site visit is scheduled for January 29, 2025 at 9:30 AM PDT at First Crossing day use area (3900 Paradise Rd, Santa Barbara). Proposals must be submitted via email to Tanya.Torres@usda.gov (maximum 10MB) by February 26, 2025. The contract will be awarded using Lowest Price Technically Acceptable (LPTA) source selection method. The contractor must begin work within 10 calendar days after receiving notice to proceed and complete all work within 60 calendar days. The contractor is required to self-perform at least 25% of the total contract work.
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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
15C. DATE SIGNED 16C. DATE SIGNED
PAGE OF PAGES
CODE
(X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
2. AMENDMENT/MODIFICATION NUMBER
A00003
6. ISSUED BY
USDA FOREST SERVICE
PPS FPO SW ZONE CSA-6
TANYA TORRES
CONTRACT SPECIALIST
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code)
ALL OFFERORS
9A. AMENDMENT OF SOLICITATION NUMBER
127EAW25R0003
1 2
02/26/2025
9B. DATED (SEE ITEM 11)
01/13/2025
1142702
7EAWAW
X 1
X
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PROJECT: Phase I Road maintenance, Buckhorn Road Los Padres National Forest, CA.
A00003
The purpose of this amendment is to update the solicitation language.
See page 2 for additional information.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
JEREMY B. BEDNER
AMENDMENT OF SOLICITAITON/MODIFICATION OF CONTRACT PAGE NO. 2 OF 2
CONTINUATION PAGE
CONTRACT NO:
127EAW25R0003
ORDER NO: MODIFICATION NO:
A00003
14. DESCRIPTION OF AMENDMENT/MODIFICATION (CONTINUED)
B. All other terms and conditions remain unchanged.
The attached document is hereby incorporated into any subsequent contract award. Failure to use the revised document and requirements revised within will result in your proposal being non-responsive.
The attached document supersedes the original solicitation language. In this revised solicitation, modifications have been made in the following sections:
• C.6 SAFETY PLAN
• H.1 SPECIAL REQUIREMENTS
• I.1 CLAUSES
The identified changes are indicated by strikethrough for language that no longer applies and red text for newly added language.
All other sections remain unchanged.
///////////////////////////////////////////////LAST ITEM//////////////////////////////////////////////////
STANDARD FORM 30 (CONTINUATION)
Revised per Amendment A00003 - Solicitation No: 127EAW25R0003 Project Name: Phase I Road maintenance, Buckhorn Road Los Padres National Forest
TABLE OF CONTENTS
PART I—THE SCHEDULE
A.1 GENERAL INSTRUCTIONS
A.2 SUBMISSION OF PROPOSAL DOCUMENTS
A.3 TECHNICAL PROPOSAL INSTRUCTIONS
SECTION B-- SCHEDULE OF ITEMS
B.1 SCHEDULE OF ITEMS
B.2 SCHEDULE NOTES
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C.2 PROJECT LOCATION
C.3 TECHNICAL SPECIFICATIONS
C.4 SPECIFICATIONS
C.5 PROJECT SITE CLEAN UP
C.6 SAFETY PLAN
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 INVOICES & PAYMENTS
G.2 CONTRACT ADMINISTRATION DATA
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 SPECIAL 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 M--EVALUATION FACTORS FOR AWARD
M.1 PROPOSAL EVALUATION
M.2 TECHNICAL EVALUATION FACTORS
M.3 EVALUATION RATINGS
M.4 AWARD DETERMINATION
PART I—THE SCHEDULE
A.1 GENERAL INSTRUCTIONS
The Government must receive your proposal no later than the time and date specified in the SF 1449, request for proposal. Any deviations to the terms and conditions within this solicitation will result in a nonresponsive proposal. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below:
A.2 SUBMISSION OF PROPOSAL DOCUMENTS
Proposal must be submitted by Email ONLY to Tanya.Torres@usda.gov. The email shall be less than 10MB. No other forms of submission will be accepted. Contractor is responsible for verifying receipt of proposal by the Contracting Officer.
Each of the parts shall be submitted as four (4) separate attachments/documents (so evaluation of one document may be accomplished independently from the others). ONLY RETURN DOCUMENTS
REQUESTED – DO NOT RETURN ENTIRE THE SOLICITATION OR UNREQUESTED PAGES
1. Completed, Signed Offer. Complete blocks 17a and b, 30a, b, and c on the SF 1449.
2. Price Proposal Section B, Schedule of Items. This solicitation requires submission of a proposal on ALL items. Include unit pricing and totals for all bid items. Failure to do so may result in the proposal being rejected without further consideration. All pricing shall be rounded to the nearest cent and not more than two decimal places. Unit prices will govern any total errors unless otherwise determined by the Contracting Officer. Complete fill ins Company Name, POC, E-mail, SAM UEI #, TAX ID #, POC Name, POC E-mail.
3. Business Proposal, Section K, Representations, Certifications, and Other Statements of Offerors.
Complete & Submit Section K Clauses FAR 52.204-8 if not in SAM with a cover page indicating Company Name.
4. Technical Proposal – See para. A.3 for technical requirements.
A.3 TECHNICAL PROPOSAL INSTRUCTIONS
The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the techniques, procedures, and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. Offerors are strictly advised to comply with all instructions within this solicitation to ensure submission of a complete Prime Contractor Offer. Failure to furnish a complete offer per the instructions in this solicitation, at the required time and on the required date, may result in the Offeror’s proposal being determined ineligible.
mailto:Tanya.Torres@usda.gov
The Government is not obligated to request additional information, and in the absence of appropriate information, the proposal may be rated deficient. Offerors are discouraged from providing information not required by the RFP. The Government will evaluate proposals in accordance with the evaluation criteria as set forth herein.
The contractor shall ensure that their technical proposal includes all the required information as specified below. Failure to provide this information may result in the proposal being deemed nonresponsive or technically unacceptable. At a minimum, the proposal must clearly provide the following information:
A. Relevant Past Performance (NTE 3 pages): Furnish a list of three (3) projects of similar magnitude completed by the firm within the last five (5) years. The list should include work similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, local governments, and commercial customers. For each project cited, provide the following:
• Name and location of the project;
• Project Point of Contact’s name, phone, and email address;
• Total cost of the project;
• A brief narrative of the project (include size, i.e. acres, square feet; date of start, and completion or anticipated completion date).
• What percentage of work was self-performed.
The Government may or may not contact any or all references listed. For any projects listed that may report less than positive performance, you are encouraged to provide a description of the problems and efforts made to correct and prevent future occurrences.
B. Work Plan / Capability of the Offeror (NTE 5 pages): The technical approach should be in as much detail as the offeror considers necessary to fully explain the proposed technical approach or method.
The offeror shall compose a narrative detailing a response to the below questions / statements.
1. Provide a work plan, to include major tasks.
2. Any information that indicates the extent to which the site for this project was visited and the results concluded from the site visit.
3. The resources (personnel and equipment) planned for use on the project and their availability.
a. Describe how many, and what types of workers will be assigned to the project.
b. Describe what equipment you will use.
c. Document any given concurrent obligations.
d. Include any subcontractors and their experience and capabilities.
4. Include a description of the work you plan to subcontract out and what work you will self-perform.
5. Site-specific safety plan.
C. Key Personnel (NTE 3 pages): The offeror shall provide a detailed summary of experience with work similar to the type of work required under this project as well as a letter of intent for assignment to this project. Provide a list of personnel with job titles and years of experience, number of crews, number of personnel in each crew (experience, and background), to be assigned to meet the 60 day period of performance.
D. Performance Schedule (NTE 2 pages): What average production rate do you expect to achieve over the course of this project? The performance schedule shall be presented in the form of a time scaled Network Diagram, CPM Schedule, or a Gantt chart, clearly showing the critical path, indicating commencement and completion of the entire project within the required contract period of performance. The schedule shall be in sufficient detail to clearly show each portion of work and its planned commencement and completion dates. Performance period shall be provided in calendar days.
The period shall include all time aspects of the work, including advance ordering of long lead items.
PAGE LIMITATIONS: Pages that exceed limitation will not be evaluated. DO NOT provide pictures, blank or cover pages. A page is defined as one side of a sheet of paper. Do not use less than 10pt font. Pages will be evaluated in order received, any pages beyond the stated maximum will not be evaluated.
• Relevant Past Performance (A): one page per project for a maximum of three (3) pages.
• Work Plan / Capability of the Offeror (B): do not exceed five (5) pages.
• Key Personnel (C): do not exceed three (3) pages.
• Performance Schedule (D): do not exceed two (2) pages.
Offerors are Cautioned that sufficient and detailed information must be provided to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information; the proposal will be rated deficient. The Government will evaluate proposals in accordance with the evaluation criteria as set forth herein.
SECTION B-- SCHEDULE OF ITEMS
B.1 SCHEDULE OF ITEMS
Item Construction Items UOI Qty. Unit Price Total Price 805 MOBILIZATON Each 1.00 $ $ 811 ROAD BLADING (Bulldozer) Miles 11.00 $ $ 839 RESTORE DRAINAGE FUNCTION Miles 11.00 $ $
18" CORRUGATED METAL SPILLWAY AND 10' FLUME (NO RIP
RAP) Each 75 $ $
834 DRAINAGE STRUCTURE MAINTENANCE Each 4 $ $ Total Base Items $___________
B.2 SCHEDULE NOTES
* QUANITIES ARE ESTIMATED, CONTRACTOR SHALL FIELD VERIFY TO SATISFY ALL REQUIREMENTS OF THE
DRAWINGS, STATEMENT OF WORK, AND SPECIFICATIONS.
* One award will be made from this solicitation. Contractors are required to submit pricing for all items.
NOTE: In accordance with FAR Clause 52.228-16, Performance and Payment Bonds - Other than Construction (NOV 2006), payment for bond premiums shall be included within the contract price and shall not be considered an additional cost.
The contractor shall complete the table below and include the information with their proposal.
Company Name: POC & Title:
Email: Phone Number:
UEI Number: Tax ID:
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
The purpose of this project is to provide road and drainage maintenance for three (3) roads on the Santa Barbara Ranger District (SBRD) of the Los Padres National Forest. The final product will provide needed road maintenance and drainage replacements to road shown on the attached maps. The scope of work encompasses the blading of 11 miles of road, the restoration of existing drainage dips, and the upgrading of 75 overside drains and rolling dips on an unsurfaced road, all in strict adherence to the terms, specifications, drawings, and provisions outlined in this 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.
See Attachment 1. Statement of Work for additional information.
C.2 PROJECT LOCATION
The project location is off Paradise Rd. just off HWY 154, North of Santa Barbara on the Santa Barbara Ranger District within San Barbara County. The terrain varies and can be relatively flat in areas and moderately hilly and steep in others. Soil conditions vary as well, from soft and sandy to compacted and rocky. A general vicinity map is included with this solicitation.
Los Padres National Forest maps are also available to assist in locating the individual roads and can be purchased at the Santa Barbara Ranger District Office. The office is open between the hours of 8:00 am and 4:30 pm, Monday through Friday. The office is located at: 3505 Paradise Rd, Santa Barbara, CA 93105
Project Vicinity Map included in Attachment 4 Maps
C.3 TECHNICAL SPECIFICATIONS
Section J of this contract contains the Statement of Work, Supplemental and Special Project Specifications that supplement and/or modify the Standard Specifications. The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item in the Schedule of Items.
C.4 SPECIFICATIONS
Statement of Work/Specifications The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
Attachments to Statement of Work/Specifications The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
C.5 PROJECT SITE CLEAN UP
Project site cleanup includes the removal and proper disposal of all construction trash, debris, residue, asphalt and concrete slag off of National Forest Land. Items such as excess paint and miscellaneous building materials are considered the property of the Contractor and shall be removed from the project site.
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.
During the Work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.
C.6 SAFETY PLAN
Prior to starting any work on this project, the Contractor shall develop and submit to a SAFETY PLAN to the Government (Contracting Officer). The Safety Plan shall adhere to all State or Federal OSHA regulations with the more stringent taking precedent. The Safety Plan shall also include a description for all flagging, signage and other means to ensure the safety of employees and traffic around the Project Sites.
Contractor is responsible for protecting workers from injury. Refer to FAR Clause 52.236-13, Accident Prevention, for full text. The Safety Plan/job-specific hazard analysis shall that address and conform to the requirements of 29 CFR 1910 and 1926 and FAR Clause 52.236-13, Accident Prevention, included herein.
Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.
Revised Contractor is responsible for protecting workers from injury. Appropriate actions shall be taken by the Contractor to implement a safety plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards. The contractor must maintain records of any work-related accidents resulting in death, severe injury, occupational disease, or significant property damage, requiring them to actively monitor and report incidents occurring during their projects. Furthermore, the contractor shall provide appropriate safety barricades, signs, and signal lights.
C.7 PERMITS, NOTIFICATIONS, AND APPROVALS.
The Contractor shall apply for and obtain all required permits and approvals from state or local authorities having jurisdiction over the work to be performed under this Statement of Work (if applicable).
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.
Burning Permits.
Contractor is subject to all rules and regulations governing the onsite burning of slash and other debris.
Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-4 Inspection of Services – Fixed-Price
(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default.
INSPECTION AND ACCEPTANCE
(a) The Contracting Officer or the Contracting Officer's duly authorized representative 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 site
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.211-18 Variation in Estimated Quantity (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 entire work ready for use not later than 60 calendar days. The time stated for completion shall include final cleanup of the premises.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 INVOICES & PAYMENTS
All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.
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. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.
Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).
Itemized invoice shall include at a minimum:
Contractor Name & Address Contract or Purchase Order numbers Invoice Number Description of Services or work completed Date of services or completion.
G.2 CONTRACT ADMINISTRATION DATA
1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the
Contractor shall result in a binding contract without further action by either party.
2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to
Proceed.
3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.
5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.
6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.
https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 SPECIAL REQUIREMENTS
Post Award Conference A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held virtually via a Government led TEAMS meeting.
Emergencies Fire Plan
[X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.
Key Personnel
(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.
Utility Services The contractor is responsible for water, electricity, and restrooms. See specifications for further details.
Telephone Due to the potential for work in remote and/or isolated areas, cell phone or wireless access may or may not be available at the site.
Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.
Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor their 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.
Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.
Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.
Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.
Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.
If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.
Site 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.
Adverse Weather When the Contracting Officer or Contracting Officer’s Representative [COR] determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable damage. Work may be suspended.
Storage The contractor’s material and equipment storage site shall be determined at the pre-construction meeting. The area shall be kept clean and free of litter. Roadway and suitable areas adjacent to the site may be utilized for temporary stockpiling of materials as approved by the CO. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract
Samples, Tests, Cited Specifications Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.
Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.202-1 Definitions (JUN 2020) 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 (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 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 (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of
Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN
2017) 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 (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 (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment (AUG 2020) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
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) 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) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 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
(SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN
2016) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 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) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
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) 52.236-14 Availability and Use of Utility Services (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) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American
Security Drone Act-Covered Foreign Entities (NOV 2024) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994) Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP
1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.204-70 Modification for Contract Closeout 452.204-71 Personal Identity Verification of Contractor Employees 452.232-70 Limitation of Government's Obligation 452.236-70 Emergency Response, Fire Suppression, and Liability
52.225-9 Buy American Act-Construction Materials (OCT 2022)
(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.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
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 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. 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 component 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…
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