Solicitation Phase 2 FINAL.pdf

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REFERENCE NO. OF DOCUMENT BEING CONTINUED

1282AK20R0003

Rio Grande Supervisor’s Office Construction USFS Region Two – Rio Grande National Forest

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 Table of Contents 3

B Supplies/Services and Prices 10 Disclosure of Magnitude of Construction Projects Optional Items 21-23 Payment for Mobilization/Demobilization

C Descriptions/Specifications/Statement of Work 11 Scope of Work Background Project Location Schedule Statement of Work and Specifications 452.211-72 Statement of Work/Specifications 452.211-73 Attachments to Statement of Work/Specifications

D Packaging and Marking 12 E Inspection and Acceptance 13 52.246-12 Inspection of Construction 452.246-70 Inspection and Acceptance--Alternate I

F Deliveries or Performance 14 Contract Time 52.211-10 - Commencement, Prosecution, and Completion of Work 52.242-14 - Suspension of Work

G Contract Administration Data 15 452.215-73 – Post Award Conference Forest Service Representatives Designation of Contractor Representative Designation of Contracting Officer Representative Key Personnel Definitions Invoices and Payments Contract Administrative Data Biobased Reporting Contract Release Contractor Performance Appraisal Reporting System

H Special Contract Requirements 27 Key Personnel Contractor Identification

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452.228-71 – Insurance Coverage Site Management Recycling and Disposal of Refuse Safety Fire Control Temporary Facilities Landscape Preservation Noxious Weed Control Existing Utilities Hazardous Material Identification Biobased and Sustainable Products

PART II – Contract Clauses I Contract Clauses 32

452.211-72 - Statement of Work/Specifications 452.232-70 - Reimbursement for Bond Premiums—Fixed-Price Construction Contracts 452.236-71 – Prohibition Against the Use of Lead-Based Paint 452.236-72 - Use of Premises 452.236-73 – Archaeological or Historic Sites 452.236-74 – Control of Erosion, Sedimentation, and Pollution 452.236-76 - Samples and Certificates 452.236-77 - Emergency Response 52.202-1 – Definitions 52.203-3 – Gratuities 52.203-5 - Covenant Against Contingent Fees

52.203-6 - Restrictions on Subcontractor Sales to the Government 52.203-7 - Anti-Kickback Procedures 52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions

52.203-17 - Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9 – Personal Identity Verification of Contractor Personnel 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 - System for Award Management Maintenance 52.204-18 - Commercial and Government Entity Code Maintenance 52.204-19 - Incorporation by Reference of Representations and Certifications

52.204-23 – Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

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52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations 52.215-2 - Audit and Records—Negotiation 52.219-8 - Utilization of Small Business Concerns 52.219-28 - Post-Award Small Business Program Representation 52.222-3 - Convict Labor 52.222-4 - Contract Work Hours and Safety Standards—Overtime Compensation 52.222-6 - Construction Wage Rate Requirements 52.222-7 - Withholding of Funds 52.222-8 - Payrolls and Basic Records 52.222-9 - Apprentices and Trainees 52.222-10 - Compliance with Copeland Act Requirements 52.222-11 - Subcontracts (Labor Standards) 52.222-12 - Contract Termination—Debarment

52.222-13 - Compliance with Construction Wage Rate Requirements and Related Regulations

52.222-14 - Disputes Concerning Labor Standards 52.222-15 - Certification of Eligibility 52.222-21 - Prohibition of Segregated Facilities 52.222-26 - Equal Opportunity

52.222-27 - Affirmative Action Compliance Requirements for Construction

52.222-30 - Construction Wage Rates Requirements – Price Adjustment (None or Separately Specified Method)

52.222-35 - Equal Opportunity for Veterans 52.222-36 - Equal Opportunity for Workers with Disabilities 52.222-37 - Employment Reports on Veterans 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act 52.222-50 - Combating Trafficking in Persons

52.222-54 - Employment Eligibility Verification 52.222-55 - Minimum Wages Under Executive Order 13658 52.222-62 - Paid Sick Leave Under Executive Order 13706

52.223-2 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts

52.223-5 - Pollution Prevention and Right-to-Know Information 52.223-6 - Drug-Free Workplace

52.223-11 - Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

52.223-12 - Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners

52.223-15 – Energy Efficiency in Energy-Consuming Projects

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52.223-17 - Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving 52.223-20 – Aerosols 52.223-21 – Foams 52.225-9 – Buy American – Construction Materials 52.225-13 – Restrictions on Certain Foreign Purchases 52.227-1 – Authorization and Consent 52.227-2 – Notice and Assistance Regarding Patent and Copyright Infringement 52.227-4 – Patent Indemnity—Construction Contracts 52.228-1 – Bid Guarantee 52.228-2 – Additional Bond Security 52.228-5 – Insurance—Work on a Government Installation 52.228-11 – Pledges of Assets 52.228-12 – Prospective Subcontractor Requests for Bonds 52.228-14 – Irrevocable Letter of Credit 52.229-3 – Federal, State, and Local Taxes 52.232-1 – Payments 52.232-5 – Payments Under Fixed-Price Construction Contracts 52.232-16 – Progress Payments 52.232-17 – Interest 52.232-18 – Availability of Funds 52.232-23 – Assignment of Claims 52.232-27 – Prompt Payment for Construction Contracts 52.232-33 – Payment by Electronic Funds Transfer—System for Award Management 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors 52.233-1 – Disputes—Alternate I 52.233-3 – Protest after Award 52.233-4 – Applicable Law for Breach of Contract Claim 52.236-2 – Differing Site Conditions 52.236-3 – Site Investigation and Conditions Affecting the Work 52.236-5 – Material and Workmanship 52.236-6 – Superintendence by the Contractor 52.236-7 – Permits and Responsibilities 52.236-8 – Other Contracts

52.236-9 – Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10 – Operations and Storage Areas 52.236-11 – Use and Possession Prior to Completion 52.236-12 – Cleaning Up 52.236-13 – Accident Prevention

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52.236-14 – Availability and Use of Utility Services 52.236-15 – Schedules for Construction Contracts 52.236-16 – Quantity Surveys 52.236-17 – Layout of Work 52.236-21 – Specifications and Drawings for Construction 52.236-26 – Preconstruction Conference 52.242-13 – Bankruptcy 52.243-1 – Changes – Fixed-Price 52.243-4 – Changes 52.243-5 – Changes and Changed Conditions 52.245-1 – Government Property 52.245-9 – Use and Charges 52.246-21 – Warranty of Construction—Alternate I 52.248-3 – Value Engineering—Construction 52.249-2 – Termination for Convenience of the Government (Fixed-Price)—Alternate I 52.249-10 – Default (Fixed-Price Construction) 52.253-1 – Computer Generated Forms 52.252-6 – Authorized Deviations in Clauses 452.228-71 – Insurance Coverage 52.211-18 – Variation in Quantity 52.215-8 – Order of Precedence 52.217-5 – Evaluation of Options 52.217-7 – Option for Increased Quantity 52.219-14 – Limitations on Subcontracting 52-219-18 - Notification of Competition Limited to Eligible 8(a) Participants – Alternate I 52.228-15 – Performance and Payment Bonds – Construction 52.244-6 – Subcontracts for Commercial Items

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 42

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 43 452.204-70 – Inquiries 452.211-70 – Brand Name or Equal 452.211-71 – Equal Products Offered 452.215-73 – Post Award Conference

52.203-11 – Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation

52.204-7 – System for Award Management 52.204-8 Annual Representations and Certifications

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52.204-16 – Commercial and Government Entity Code Reporting 52.204-17 – Ownership or Control or Offeror 52.204-20 – Predecessor of Offeror

52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations - Representations

52.209-5 – Certification Regarding Responsibility Matters 52.211-6 – Brand Name or Equal 52.225-20 – Prohibition on Conducting Restricted Business Operation in Sudan - Certification 452.219-70 – Size Standard and NAICS Code Information 52.204-8 – Annual Representations and Certifications 52-209-5 – Certification Regarding Responsibility Matters

52-209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.209-13 – Violation of Arms Treaties or Agreements Certification 52.219-1 – Small Business Program Representations 52-222-22 – Previous Contracts and Compliance Reports 52-223-1 – Biobased Product Certification

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications

L Instructions, Conditions, and Notices to Offerors 59 Instructions for the Submission of Offers and Other Information 52.204-22 – Alternative Line Item Proposal 52.215-16 – Facilities Capital Cost of Money 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work 52.222-38 – Compliance with Veterans’ Employment Reporting Requirements 52.225-10 Notice of Buy American Requirement—Construction Materials 52.232-13 – Notice of Progress Payments 52.233-2 Service of Protest 52.252-1 Solicitation Provisions Incorporated by Reference 452.228-70 – Alternative Forms of Security

52.211-3 - Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

52.215-1 – Instructions to Offerors - Competitive 52.216-1 – Type of Contract

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

52.225-12 - Notice of Buy American Requirement-Construction Materials Under Trade Agreements

52.228-1 Bid Guarantee 52.236-27 Site Visit (Construction) 52.236-28 Preparation of Proposals—Construction Instructions for Submission

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M Evaluation Factors for Award 77 Basis of Award Evaluation Process Evaluation Factors Evaluation Method Relative Importance Evaluation of Options

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 FAR 36.204 Disclosure of the magnitude of construction projects: Between $5,000,000 and $10,000,000

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Pay Item 001 “Mobilization”.

B.2 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in subparagraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of--

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

And

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

B.3 OPTIONAL ITEMS 21-23

Optional Items 21-23 are being priced on a unit basis. These items will be executed based on the need determined at the site during contract execution. Payment will be made on actual quantities delivered.

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SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 SCOPE OF WORK:

This project includes demolishing approximately 60% of the current building and associated site components.

The remaining 14,400 square foot building will be renovated to comply with current building codes, federal space requirements, and other federal requirements such as Guiding Principles for sustainability. The project includes utilities, site work, and building construction and renovation.

C.2 BACKGROUND:

The project involves remodeling the former Del Norte High School into the Rio Grande National Forest’s Supervisor Office. The original building was built in 1968 with a band room addition constructed at a later date. In 2018, the Del Norte School District approached the Rio Grande National Forest with an offer to give the high school and land to the Forest Service. That year the Forest Service began preparing construction documents to renovate the high school into an office building.

In 2020, the Del Norte School District completed the construction of their new high school east of the old high school building. In 2020, the school district donated the high school building and land to the Forest Service.

As part of the donation, the school district removed the photovoltaic system, out buildings, and building furnishings. Summer of 2020 the Forest Service awarded a Hazardous Material Removal contract to remove hazardous material throughout the building. It is anticipated that hazardous removal will be completed December 2020.

C.3. PROJECT LOCATION:

The project site is located at 9th and Hermosa, Del Norte, Colorado, 81132.

C.4. SCHEDULE:

The construction period for this project is 18-24 months. The Government recognizes the challenges created for Contractors due to the COVID-19 pandemic and is therefore providing a six month increase in project time to the associated changes and volatility from the COVID-19 pandemic. Offerors are asked to provide a performance schedule in accordance with Section L. Final period of performance will be based on Offeror’s proposed and accepted schedule and identified on final award.

C.5 STATEMENT OF WORK AND SPECIFICATIONS:

Available in the attachments to this solicitation.

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

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

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SECTION D—PACKAGING AND MARKING

{For this Solicitation and Resultant Contract, there are NO clauses in this Section}

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SECTION E—INSPECTION AND ACCEPTANCE

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996)

FULL-TEXT CLAUSES

452.246-70 INSPECTION AND ACCEPTANCE--ALTERNATE I (FEB 1988)

(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 will be performed at the project site.

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SECTION F—DELIVERIES OR PERFORMANCE

F.1 CONTRACT TIME

The Contractor shall start work promptly after receipt of a Notice to Proceed (NTP) and complete work within 18-24 months. Notice to Proceed will be issued after Phase 1, Hazardous Waste Removal, Contract is fully completed and accepted by the Government.

NOTE: Final period of performance will be based on Offeror’s proposed and accepted schedule and identified on final award.

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

The Contractor shall be required to (a) commence work under this contract 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 the performance period defined on the award document. The time stated for completion shall include final cleanup of the premises.

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

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SECTION G—CONTRACT ADMINISTRATION DATA

G.1 452.215-73 Postaward Conference. (NOV 1996) A post award conference (also referred to as a Preconstruction Conference) with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference. See Specifications, Section 013100, Part 1, 1.5 A Preconstruction Conference.

G.2 FOREST SERVICE REPRESENTATIVES:

a. Contracting Officer: Christina Schofield shall serve as the Contracting Officer (CO) on this contract.

The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 970-295-6635 or via email at christina.schofield@usda.gov

b. Contracting Officer Representative: The Contracting Officer Representative (COR) for this project will be designated at the time of contract award. COR delegated authority, responsibilities and contact information will be defined on a delegation form.

G.3 DESIGNATION OF CONTRACTOR REPRESENTATIVE:

Prior to commencement of work, preferably at the pre-work conference, the Contractor shall designate in writing a person to act for him in his absence. The Contractor or the designated representative shall be on the job whenever work is in progress. In the absence of the Contractor, the authorized representative will take action as required to keep the job in progress under the terms of the contract. The presence of the Contractor’s Representative or Contracting Officer’s Representative on the job will not relieve the Contractor of responsibility for satisfactory performance.

G.4 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR):

a. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract. The name will be designated on a letter or form.

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

c. The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

mailto:christina.schofield@usda.gov

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d. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR’s requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative.

If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

e. The COR's major duties and responsibilities are contained in the Forest Service Handbook of

Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

15. Issue any direction that would result in a possible change to contract requirements.

G.5 KEY PERSONNEL RESONSIBILITIES:

a. PROJECT MANAGER:

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, management of schedule, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

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b. SITE SUPERINTENDENT:

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

It is expected that this individual will be available on site at all times during work performance.

The site superintendent shall be responsible for on-site Quality Control and shall sign all contract submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

c. QUALITY CONTROL MANAGER:

The Quality Control Manager (QCM) has overall responsibility for reporting directly to the Project Manager and Corporate Management for the verification that we meet all quality standards on our projects. The Quality Control Manager (project level) plans, coordinates, and oversees implementation of Construction quality control and quality assurance programs at the project level.

d. SITE SAFETY AND HEALTH OFFICER:

Assists, plans and implements safety policies and procedures in compliance with local, state, and federal rules and regulations including Occupational Safety and Health Administration. Advises safety director on safety compliance concerns and preventative actions. Plans and implements training for employees in work site safety practices. Maintains safety files and records. Performs safety surveys and inspections, prepares written reports of findings and recommendations for corrective or preventive measures where indicated and follows up to ensure measures have been implemented. Conducts post-accident investigation and prepares report identifying possible accident causes and hazards for use by company personnel and senior management. Assist, set up and conducts training. Assists in the development, evaluation and upgrading of safety programs. Assist and maintain environmental reports.

e. SCHEDULER:

The Scheduler is responsible for coordinating with the project management team to develop and maintain cost loaded schedules for each project under contract. Scheduler will be responsible for updating schedules on a weekly basis and meeting (in person or via phone) with each project team to discuss upcoming deadlines and planned work.

G.6 DEFINITIONS (Not included in Federal Acquisition Regulations):

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

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USFS Region Two – Rio Grande National Forest

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces. Products within this item include only those marketed for use in commercial or residential construction or industrial applications

Concrete and Asphalt Release Fluids - Products that are designed to provide a lubricating barrier between the composite surface materials (e.g., concrete or asphalt) and the container (e.g., wood or metal forms, truck beds, roller surfaces).

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer.

The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Corrosion Preventatives – Products designed to prevent the deterioration (corrosion) of metals.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

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USFS Region Two – Rio Grande National Forest

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Dust Suppressants - Products formulated to reduce or eliminate the spread of dust associated with gravel roads, dirt parking lots, or similar sources of dust, including products used in equivalent indoor applications.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fertilizers - Products formulated or processed to provide nutrients for plant growth and/or beneficial bacteria to convert nutrients into plant usable forms. Biobased fertilizers, which are likely to consist mostly of biobased components, may include both biobased and chemical components. See www.bioperferred.gov for more specific information.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Gasoline Fuel Additives - Chemical agents added to gasoline to increase octane levels, improve lubricity, and provide engine cleaning properties to gasoline-fired engines.

Graffiti and Grease Removers - Industrial solvent products formulated to remove automotive, industrial, or kitchen soils and oils, including grease, paint, and other coatings, from hard surfaces.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Inks – Sheetfed (Black) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Black inks used on coated and uncoated paper, paperboard, some plastic, and foil to print in black on annual reports, brochures, labels, and similar materials.

Inks – Sheetfed (Color) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Pigmented inks (other than black inks) used on coated and uncoated paper, paperboard, some plastic, and foil to print in color on annual reports, brochures, labels, and similar materials.

http://www.bioperferred.gov/

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USFS Region Two – Rio Grande National Forest

Intermediates – Binders - Materials used to provide cohesiveness throughout an entire finished product.

Binders are generally polymers or polymer precursors (such as epoxies) and include the polymeric materials used to formulate coatings, adhesives, sealants, and elastomers. The product category does not include adhesives and glues that are finished products used to attach the surfaces of two or more distinct and separate components to one another.

Intermediates – Chemicals - Ingredients used as reactants for organic synthesis reactions rather than for their functional properties in a chemical mixture; those used as building block chemicals and secondary chemicals such as glycerol, succinic acid, propanediol, and monomers such as lactic acid and propylene; those used for specific functional properties during manufacturing of other products such as pH regulators, flocculants, precipitants, neutralizing agents, emulsifiers, viscosity reducers, rheology modifiers, adhesion agents, detergents, wetting agents, foaming agents, or dispersants; those that are added to end-use products for their specific functional properties including polyols, polymers, and solvents for thinning and drying applications but excluding solvents used for cleaning; and those used for dyes, pigments, and scents including flavorings for non-food products such as lip balm.

Intermediates – Paint and Coating Components - Ingredients used to formulate finished waterborne or solvent borne paint and coating products. Examples of Intermediates – Paint and Coating Components include binders, pigments, thickeners, curing agents, modifiers, humectants, open time additives, alkyd latex resins, polymers, polyols, reactive oligomers, or reactive diluents.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils - Fluids that are designed to provide cooling, lubrication, corrosion prevention, and reduced wear on the contact parts of machinery used for metalworking operations such as cutting, drilling, grinding, machining, and tapping. Metalworking fluids formulated for use in a re-circulating fluid system to provide cooling, lubrication, and corrosion prevention when applied to metal feedstock during normal grinding and machining operations.

Mobile Equipment Hydraulic Fluids - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Mulch and Compost Materials - Products designed to provide a protective covering placed over the soil, primarily to keep down weeds and to improve the appearance of landscaping. Compost is the aerobically decomposed remnants of organic materials used in gardening and agriculture as a soil amendment, and commercially by the landscaping and container nursery industries.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not

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USFS Region Two – Rio Grande National Forest included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Wood and Concrete Sealers – Membrane Concrete Sealers - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Concrete sealers that are formulated to form a protective layer on the surface of the substrate.

Wood and Concrete Sealers – Penetrating Liquids - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Wood and concrete sealers that are formulated to penetrate the outer surface of the substrate.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

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USFS Region Two – Rio Grande National Forest

G.7 INVOICES & PAYMENTS :

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

"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. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found 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.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Contractor Name Invoice Number Address Contract, Task Order or Purchase Order number Phone number and e-mail address Description of Services or work completed.

Date of services or completion.

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Payrolls, Final Inspection and a Contractor Notification and Release of Claims

Certified payrolls for Construction: certified payrolls must also be uploaded as an attachment.

Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work. Final payrolls shall be marked “Final”.

Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice.

Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor.

The completed form shall be uploaded as an attachment.

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO.

G.8 CONTRACT ADMINISTRATION DATA:

a. 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.

b. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to

Proceed.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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c. 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.

d. 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.

e. 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.

G.9 BIOBASED REPORTING REQUIREMENTS:

Pursuant to a legislative mandate in the 2008 Farm Bill, prime contractors are required to report the category of product, type of product, and dollar value of all USDA designated biobased products that were purchased in the performance of federal contracts. Federal contractors are required to report annual biobased product purchases made under their service and construction contracts. Based on the Federal Acquisition Regulation (FAR) Clause 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management (SAM) at http://www.sam.gov.

If a contract contains FAR Clause 52.223-2, the contractor must report all biobased purchases through SAM.

The Reporting Requirement(s):

• The reporting requirement became effective September 3, 2013;

• It applies to services and construction contractors where contracts have a FAR Clause 52.223-2 Affirmative

Procurement of Biobased Products under Service and Construction Contracts, requiring the reporting of biobased product purchases;

• Contractors must report their purchases of biobased products to a reporting portal within SAM;

• Contractors must report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and

• Reporting must be completed by October 31st for the previous entire fiscal year (October 1 - September

30).

To Meet the Requirement(s) Contractors must:

• Access http://www.sam.gov;

http://www.sam.gov/

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USFS Region Two – Rio Grande National Forest

• Complete the required information within the portal and provide documentation to the Contracting

Officer;

• If the applicable contract is not accessible in SAM, the contractor should contact their Contracting Officer.

Actions that may be taken to Meet Reporting Requirement(s) by Contracting Officer:

• Require a copy of the reporting data from the Contractor as required in FAR Clause 52.223-2;

• Remind the contractor, as necessary, of the requirement to report BioPreferred product types and dollar value, if any, into SAM at http://www.sam.gov. This includes any BioPreferred products used in performing contract-related services or in delivering contract-related products;

• Cure Notice may be issued by Contracting Officer as required by termination clauses.

• Upon failure to correct deficiency issued through Cure Notice contract may be terminated for Cause (FAR

52.212-4) of Terminated for Default under FAR Part 49.

G.10 CONTRACT RELEASE:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.11 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

(Applies to contracts only if total value exceeds $750,000.00 unless otherwise changed or requested by contractor)

In accordance with FAR 42.1502 – Past performance evaluation shall be prepared at least annually and at the time the work under a contract or order is completed for each contract and/or order that exceeds the simplified acquisition threshold (SAT). This includes any contract and/or order that is below the SAT and is modfied, which results in the contract exceeding the SAT.

a. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Agriculture (USDA) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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c. We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

d. When your Contractor Representative(s) (Past Performance Points of Contact) are registered in

CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

e. Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance.

In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date).

The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

f. The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

http://www.cpars.csd.disa.mil/

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USFS Region Two – Rio Grande National Forest

g. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

h. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after…