Executed_127EAX21R0037.pdf

1. Introduction. The USDA Forest Service, Tonto National Forest, Mesa Ranger District, has a project for replacement of a poly-pipe livestock watering system.

2. Type of Award. As a result of this solicitation, Government anticipates The Government Anticipates awarding a Firm Fixed-Price Construction Contract using RFQ Lowest Price Technically Acceptable

(LPTA).

This is a 100% Small Business Set Aside to NAICS code 237110. PSC code Z1NE.

In order to be eligible for award of a Federal contract, potential vendors need to already be registered in the System for Award Management (SAM) at https://www.sam.gov . DUNS and business email are required to enroll in SAM.

3. Basis for Award. Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. In order to meet the Technical Capability Requirements, offers shall address the following factors:

Factor a - Provide written documentation that specifically addresses your firm’s expertise and ability to replace water pipes in accordance with the Statement of Work (SOW).

Factor b – Prices – Contracting Officer intends to award without discussions, provide your best price in your offer.

Failure to provide adequate information for Technically Capability may result in the offer being removed from the competitive range.

4. How to submit your offer. Submit RFQ pages 1 through 3 as your business proposal. In a separate document, also submit a technical proposal as outlined in the Basis for Award (above). Offers should be submitted to the Contracting Officer on or before 23 July, 2021 1700 (local time) Arizona does not observe daylight savings time.

Offers shall be sent only to the Contracting Officer.

Offers shall be sent by email and should contain the Solicitation Number 127EAX21R0037 the subject line for the email. Email: daniel.franco@usda.gov

5. No Formal Site Visit has been scheduled for project. Individual site visit requests and technical questions may be directed to the COR:

Matthew Kilford Forest Service FS-R3-Apache-Sitgreaves NF-Lakeside RD Email:matthew.kilford@usda.gov https://www.sam.gov/ mailto:daniel.franco@usda.gov

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1034552

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

DANIEL FRANCO 520-388-8312

1x 07/13/2021

127EAX21R0037

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

Replacement of a poly-pipe livestock watering system in accordance with SOW.

11. The Contractor shall begin performance

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

07/23/2021

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. 4-85)

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

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

WARREN ABBOTT

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX21R0037

Delivery: 12/17/2021

Delivery Location Code: 8180

TONTO NATIONAL FOREST

2324 E MCDOWELL ROAD

PHOENIX AZ 85006 US

0001 Livestock water pipeline replacement, 7000 feet.

Product/Service Code: Z1NE

Product/Service Description: MAINTENANCE OF WATER

SUPPLY FACILITIES

Period of Performance: 08/06/2021 to 12/17/2021

0002 Mobilization.

Product/Service Code: Z1NE

Product/Service Description: MAINTENANCE OF WATER

SUPPLY FACILITIES

Period of Performance: 08/06/2021 to 12/17/2021

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM

NUMBER DESCRIPTION PAY

UNIT EST QTY

0001 Livestock water pipeline replacement DQ 7,000 FT.

0002 Mobilization EA 1

TOTAL

EA - EACH

DQ - DESIGNED QUANTITY FT - FOOT

Award anticipated to be a firm fixed price contract.

SCHEDULE OF ITEMS

Tonto National Forest, Mesa Ranger District

PROJECT TITLE: Sawtooth Fire Range Water Pipeline

SCHEDULE OF ITEMS

Period of Performance (Required for Services and A&E) Within 10 days of Notice to Proceed

Forest Service

Scope of Work for CONT 031203 Sawtooth Fire Livestock Pipeline Replacement

Project is for replacement of a poly pipe livestock watering system that was destroyed by wildfire in 2020. Project shall connect to an existing well and shall transport water to two existing water troughs following the following specifications:

CONDITIONS THAT APPLY

This project is for conveyance of water through a closed conduit, from a source of supply to a watering facility, for use by livestock or wildlife.

This standard applies to replacement and installation of a new water pipeline. The total length of the pipeline in this project is 7,000 Linear Feet. The pipeline material is Black HDPE 1.25” (OD) DR9 250 psi.

The pipeline starts at Robles Well on the Tonto National Forest, Mesa Ranger District and continues west for approximately 1.5 miles total length (see map dated 04/15/2021). The pipeline is on top of the ground and sections will be fused together with a fusing machine. There is One “T” transition and required connections to 2 existing troughs included in this design. There are several locations where intersecting roads and the pipeline meet where pipeline will need to be buried in same location as the existing damaged pipe. Traffic mitigation of a busy Forest Service road will be needed during the time of removal and burial of the new pipe. Other fittings, vents and pressure reduction may be needed, and existing damaged pipeline will be removed.

Pipe Design Pipelines shall be placed in existing footprint of damage pipeline to meet all service requirements such that internal pressure, including hydraulic transients or static pressure at any point is less than the pressure rating of the pipe.

HDPE black plastic pipe shall be used, 1.25 in (OD) DR9 250 psi.

Plastic Pipe When operating at design capacity, the full‐pipe flow velocity should not exceed 5 feet per second in pipelines with valves or some other flow control appurtenances placed within the pipeline or at the downstream end. As a safety factor against transient pressures, the working pressure at any point should not exceed 72 percent of the pressure rating of the pipe. If either of these limits is exceeded, special design consideration must be given to the flow conditions, and measures must be taken to adequately protect the pipeline against transient pressures.

Pressure ratings for pipes are normally based on a pipe temperature of 73.4ºF. When operating temperatures are higher, the effective pressure rating of the pipe shall be reduced accordingly.

Support of Pipe Pipelines installed above ground shall be supported, where needed, to provide stability against external and internal forces.

Joints and Connections All connections shall be designed and constructed to withstand the pipeline working pressure without leakage and leave the inside of the pipeline free of any obstruction that would reduce capacity.

Permissible joint deflection shall be obtained from the manufacturer for the type of joint and pipe material used.

For welded pipe joints, expansion joints shall be installed, as needed, to limit pipeline stresses to the allowable values.

The allowable longitudinal bending for the pipeline shall be based on type of material and the pressure rating and shall be in accordance with industry standards.

For suspended pipelines, joints shall be designed for pipe loading, including the water in the pipe, wind, ice, and the effects of thermal expansion and contraction.

Depth of Cover Buried pipe shall be installed at sufficient depth below the ground surface to provide protection from hazards imposed by traffic loads, farming operations, freezing temperatures, or soil cracking, as applicable.

Pipelines shall have sufficient strength to withstand all external loads on the pipe for the given installation conditions. Appropriate live loads shall be used for the anticipated traffic conditions.

Where it is not possible to achieve sufficient cover or sufficient strength, a carrier (encasement) pipe or other mechanical measures shall be used.

Pressure Reduction Pressure Reducing Valves or Breaker Tanks shall be incorporated in circumstances such as head gain exceeding pressure loss by a significant amount, excessive static pressures, or excessive flow rates.

Valves and Other Appurtenances Pressure ratings of valves and other appurtenances shall equal or exceed the working pressure.

Check Valves and Backflow Prevention A Check Valve shall be installed between the pump discharge and the pipeline if detrimental backflow may occur.

Approved backflow prevention devices shall be used on all pipelines where back flow may contaminate the source water supply or groundwater.

Pressure Relief Valves A Pressure Relief Valve shall be installed between the pump discharge and the pipeline if excessive pressure can build up when all valves are closed. If needed to protect the pipeline against malfunction or failure of Pressure Reducing Valves, Pressure Relief Valves shall be installed downstream of Pressure Reducing Valves.

Pressure Relief Valves shall be set to open at a pressure as low as practical, but no greater than 5 pounds per square inch above the design working pressure rating or maximum allowable pressure of the pipe.

The valves shall have sufficient flow capacity to reduce the excessive pressures in the pipeline. The pressure at which the valves start to open shall be marked on each Pressure Relief Valve. Adjustable Pressure Relief Valves shall be sealed or otherwise altered to prevent changing the adjustment from that marked on the valve.

In lieu of a detailed transient pressure analysis, the minimum size of Pressure Relief Valve shall be ¼ inch nominal valve size per inch of the nominal pipeline diameter.

Pressure‐reducing valves (PRV) may be used for the tie‐in to an existing system of lower pressure rating or to allow lateral pipelines to use materials of lower pressure rating.

Air Vents Provide for entry and removal of air along the pipeline, as needed to prevent air locking, hydraulic transients, or pipe collapse. Include provisions for air release and vacuum relief, as needed to protect the pipeline.

Outlets and Water Level Control Appurtenances to deliver water from the pipe to the watering facility shall have adequate capacity to deliver the required flow. Where water is supplied continuously to the watering facility, use automatic water level controls (such as Float Valves) to control the flow of water and to prevent unnecessary overflows.

Design outlets and water level controls to withstand or be protected from damage by livestock, wildlife, freezing and ice damage. Outlets shall be designed to minimize erosion, physical damage, or deterioration due to exposure.

The following specifications shall be met:

1. The pipe material shall be high density polyethylene (HDPE).

2. The Pipe, fittings and appurtenances shall have a minimum pressure rating of 200 psi and the system design pressure will not exceed pressure rating of the pipe.

3. Pipe and fitting materials shall be PE 4710 as per ASTM D3350 and shall be manufactured in accordance with ASTM D2239 Polyethylene (PE) plastic pipe (SIDR‐PR) based on controlled inside diameter, or ASTM D3035 Polyethylene (PE) plastic pipe (SDR‐PR) based on controlled outside diameter, also referred to as Iron Pipe Size (IPS) pipe. The pipe shall be black with 2% minimum carbon black. The pipe shall contain no recycled compounds except that generated in the manufacturer’s own plant from resin of the same specification from the same raw material.

4. The COR shall advise the cooperator of the potential hazard imposed by fire, livestock, vehicles, and vandalism.

5. High temperature is detrimental to an above ground plastic pipeline. All pipelines, particularly for high pressure applications, shall be placed, as far as practicable, to minimize exposure to the sun. When feasible, cover the pipeline with loose dirt or other non‐abrasive material. Install the pipeline on the north side of a ridge and under trees or brush to provide shade when possible.

6. Above ground pipelines shall be installed in a slightly snaked pattern to allow for thermal expansion and contraction. Allow at least 4‐feet extra length per 100‐feet of pipeline.

7. Piping shall be joined in accordance with the manufacturer’s recommendations for the particular pipe to be installed. Piping will be joined thermally. The preferred method is to use butt fusion welding. Heating by open flame is not allowed. All damaged pipe ends shall be removed before joining. The pipe shall be allowed to cool before clamps or bands are installed.

8. Although HDPE PE 4710 pipe is not damaged by freezing, other components in the line may be susceptible to freeze damage. All fittings, gauges, pumps, valves, and other components that need protection shall be adequately protected. Pipelines with pumps shall employ pressure release valves if needed to ensure the pipe is not over‐pressured as a result of freeze blockage in the pipeline.

9. Installation of above ground pipe sections including transitions between the above ground and buried sections shall be the same as the existing damaged pipeline with the most recent edition of the Handbook of PE Pipe published by the Plastic Pipe Institute.

10. HDPE pipelines may be installed by “plow‐in” (ripper) equipment where the soil is free of rocks and boulders, which would be detrimental to the pipe. This can be done where segments of FS roads meet the pipeline.

11. The pipe shall be placed below the frost line, and not less than 18 inches in range land at road crossings. The minimum depth may be obtained by mounding soil over the pipeline on range land where site conditions such as shallow soils or rock make it impractical to attain the minimum depth of cover by usual means.

Filling The pipeline system shall have a means of controlling the filling of the pipeline to prevent entrapment of air or excessive transient pressures.

Filling velocities greater than 1 foot per second in a closed to the atmosphere pipe system (i.e., all outlets closed), requires special evaluation and provisions to remove entrapped air and prevent excessive transient pressures.

If filling at a low flow rate is not possible, the system shall be open to the atmosphere (outlets open) prior to pressurizing. The system shall be designed for air removal and excessive transient pressures that may develop at higher filling rates.

Flushing If the sediment load in the water is significant, the pipeline shall have adequate velocity to ensure that sediment is moved through and flushed out of the pipeline.

If provisions are needed for flushing sediment or other foreign material, a suitable valve shall be installed at the distant end or low point of the pipeline.

Draining Provisions shall be made for the complete removal of water from the pipeline by gravity or other means when:

• Freezing temperatures are a hazard.

• Draining is required by the pipe manufacturer.

• Draining of the pipeline is otherwise specified.

The water drained from pipelines shall not cause water quality, soil erosion, or safety problems upon release.

Safe Discharge of Water Provisions shall be made for water being discharged from valves, especially air valves and pressure relief valves. These valves shall be located such that flows are directed away from system operators, livestock, electrical equipment, or other control valves.

Clean up

The work site shall be maintained in a neat condition durning construction. The work site shall be kept free from accumulation of waste materials and rubbish resulting from the work.

If work is stopped or delayed for an extended period of time, the Contractor shall clean up the site as determined by the C.O.

Before final acceptance of the project, the Contractor shall remove all waste materials and rubbish resulting from the work.

?¼ þ C þ C R

R

ROBLAS WELL

(Storage)

STORAGE TANK

(Storage)

STORAGE TANK ROBLAS

TROUGH 1

MILLSITE

TROUGH 2

Legend Millsite Allotment

Troughs R Troughs

Storages þ C Storages

Roblas Well ?¼ Roblas Well

Roblas Pipeline E 0 0.25 0.50.125 Miles

CONT 031203 Sawtooth Fire Range Water Pipeline

_̂Apache Junction

Mesa Ranger District

Created by : M. Kilford 04/15/2021

Tonto National Forest

SECTION C – STATEMENT OF WORK/DESCRIPTIONS

C.1 – GENERAL DESCRIPTION OF WORK

This project is for conveyance of water through a closed conduit, from a source of supply to a watering facility, for use by livestock or wildlife.

This standard applies to replacement and installation of a new water pipeline. The total length of the pipeline in this project is 7,000 Linear Feet. The pipeline material is Black HDPE 1.25” (OD) DR9 250 psi. The pipeline starts at Robles Well on the Tonto National Forest, Mesa Ranger District and continues west for approximately 1.5 miles total length (see map dated 04/15/2021). The pipeline is on top of the ground and sections will be fused together with a fusing machine. There is One “T” transition and required connections to 2 existing troughs included in this design. There are several locations where intersecting roads and the pipeline meet where pipeline will need to be buried in same location as the existing damaged pipe. Traffic mitigation of a busy Forest Service road will be needed during the time of removal and burial of the new pipe.

Other fittings, vents and pressure reduction may be needed, and existing damaged pipeline will be removed.

Basis for Award. Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. In order to meet the Technical Capability Requirements, offers shall address the following factors: Factor a - Provide written documentation that specifically addresses your firm’s expertise and ability to replace water pipes in accordance with the Statement of Work (SOW). Factor b – Prices – Contracting Officer intends to award without discussions, provide your best price in your offer.

The Government intends to award a contract based on Lowest Price Technically Acceptable (LPTA). The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio-preferred Requirements

Magnitude of project - Less than $25,000.

All work shall be completed in accordance with AASHTO guidelines and shall adhere to all American with Disabilities Act (ADA) requirements.

C.2 – LOCATION OF PROJECT

Robles Well on the Tonto National Forest, Mesa Ranger District and continues west for approximately 1.5 miles total length.

C.3 – SPECIFIC SCOPE OF WORK

C3.1 Water Pipe Replacement in accordance with SOW.

The work consists of furnishing all labor, supervision, equipment, transportation and materials, using best trade practices.

Period of Performance All work and final cleanup should be completed within 120 calendar days from issuance of Notice-To-Proceed.

Technical Point-Of-Contact

Contracting Officer’s Representative:T he Project Manager is Matthew Kilford

Forest Service

FS-R3-Apache-Sitgreaves NF-Lakeside RD

Email:matthew.kilford@usda.gov

SECTION D – PACKAGING AND MARKING

D1—GENERAL INFORMATION:

See Section J for Exhibits that are incorporated as part of the statement of work:

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio-preferred Requirements

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

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

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replaces them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement. (End of clause) 52.246-21 Warranty of Construction (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;

and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

SECTION G – CONTRACT ADMINISTRATIVE DATA

Government Furnished Items: N/A

SECTION H – Special Contract Requirements

N/A

The maximum workweek shall be: Construction may occur during normal waking hours from 6:00am to 6:00pm Monday through Friday. Construction work should not occur during weekend hours due to high volume of visitor use of these areas. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

dfranco Highlight

PART II - SECTION I - CONTRACT CLAUSES AND PROVISIONS

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) only above SAT 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020).

52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 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

(AUG 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (AUG 2020)

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2020) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAR 2018) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.222-21 52.222-26 52.222-27 52.222-35 52.222-36 52.222-37 52.222-50 52.223-1 52.223-2 52.223-5 52.223-6 52.223-15 52.223-18 52.225-1 52.225-2 52.225-9 52.225-10 52.225-12 52.225-13 52.225-25

52.227-1 52.227-2 52.227-4 52.228-2 52.228-11

52.228-14 52.228-15 52.229-4 52.229-10 52.232-5 52.232-17 52.232-23 52.232-27 52.232-33 52.232-39 52.233-1 52.233-3 52.233-4 52.236-2 52.236-3 52.236-5 52.236-6 52.236-7 52.236-8 52.236-9 52.236-10 52.236-11 52.236-12 52.236-13 52.236-16 52.236-17 52.236-21 52.236-26 52.236-28 52.242-13

Prohibition of Segregated Facilities (APR 2015) Equal Opportunity (APR 2016) Affirmative Action Compliance Requirements for Construction (APR 2015) Equal Opportunity for Veterans (JUN 2020) Equal Opportunity for Workers With Disabilities (JUN 2020) Employment Reports on Veterans (JUN 2020) Combating Trafficking in Persons (OCT 2020) Biobased Product Certification (MAY 2012) Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) Pollution Prevention and Right-to-Know Information (MAY 2011) Drug-Free Workplace (MAY 2001) Energy Efficiency in Energy-Consuming Products (MAY 2020) Encouraging Contractor Policies to Ban Text Messaging While Driving Buy American—Supplies (MAY 2014) Buy American—Certificate (MAY 2014) Buy American—Construction Materials (MAY 2014) Notice of Buy American Requirement-Construction Materials (MAY 2014) Notice of Buy American Requirement-Construction Materials under Trade Agreements(MAY 2014) Restrictions on Certain Foreign Purchases (JUN 2008) Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications (JUN 2020) Authorization and Consent (JUN 2020) Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) Patent Indemnity -- Construction Contracts (DEC 2007) Additional Bond Security (OCT 1997) Pledges of Assets (AUG 2018)

Irrevocable Letter of Credit (NOV 2014) Performance and Payment Bonds—Construction (JUN2020) Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) State of New Mexico Gross Receipts and Compensating Tax (APR 2003) Payments Under Fixed-Price Construction Contracts (MAY 2014) Interest (MAY 2014) Assignment of Claims (MAY 2014) Prompt Payment (JAN 2017) Payment by Electronic Funds Transfer –System for Award Management (OCT 2018) Unenforceability of Unauthorized Obligations Disputes (MAY 2014) Protest After Award (AUG 1996) Applicable Law for Breach of Contract Claim (OCT 2004) Differing Site Conditions (APR 1984) Site Investigation and Conditions Affecting the Work (APR 1984) Material and Workmanship.

Superintendence by The Contractor (APR 1984) Permits and Responsibilities.

Other Contracts (APR 1984) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) Operations and Storage Areas (APR 1984) Use and Possession Prior to Completion (APR 1984) Cleaning Up (APR 1984) Accident Prevention (NOV 1991) Alternate I (NOV 1991) Quantity Surveys (APR 1984) Layout of Work (APR 1984) Specifications and Drawings for Construction (FEB 1997) Preconstruction Conference (FEB 1995) Preparation of Proposals—Construction (OCT 1997) Bankruptcy (JUL 1995)

52.243-4 Changes (JUNE 2007) 52.243-5 Changes and Changed Conditions (APR 1981) 52.244-6 Subcontracts for Commercial Items (DEC 2015) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 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)

452.211-73 Attachments to Statements of Work/Specifications 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) 452.236-78 Fire Suppression and Liability (MAY 2014)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

(a) Definition. As used in this provision-

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision— https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision) https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 http://www.sam.gov/

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310 Highway, Street, and Bridge Construction.

(2) The small business size standard is 39.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast

Guard.

(B) The provision with its Alternate I applies to solicitations issued by…