1282B123R0001_Final.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME 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)

1076282

USDA FOREST SERVICE

SPOC INTERMOUNTAIN

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

82B1

See Block 7

LUCAS DAHLMAN 830-463-1497

629805 x 09/30/2022

1282B123R0001

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

Project: Horse Creek Culvert Replacement, Dakota Prairie Grasslands, Medora Ranger

District, Slope County, ND.

POC: Lucas Dahlman / Contracting Officer Email: lucas.dahlman@usda.gov

The Contractor shall furnish all labor, materials, tools, and equipment for the

Horse Creek Culvert repair in the Dakota Prairie Grasslands, Medora Ranger District, Slope County, ND. See Statement of Work, specifications, and drawings for full project description and requirements.

This is a 100% set-aside for Small businesses.

The Project NAICS CODE is 237310 ¿ Highway, Street and Bridge Construction, small business size standard $39.5M

Project Schedule - 290 Days after Notice To Proceed or 1 Sept 2023, whichever comes first

Estimated Magnitude of Construction - $250,000 to $500,000.00

Continued ...

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.)

10 290 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

10/31/2022

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 FOREST SERVICE

SPOC INTERMOUNTAIN

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

82B1

LUCAS J. DAHLMAN

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 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282B123R0001

Request for Information (RFI's) must be submitted via email to the Contracting Officer - Lucas

Dahlman at lucas.dahlman@usda.gov by October 7th, 2022.

Proposals are Due No Later than 12:00 Central

Standard Time on October 31st, 2022

Delivery: 09/01/2023

Delivery Location Code: 6647

USDA FOREST SERVICE

MEDORA RANGER DISTRICT

99 23RD AVENUE WEST SUITE B

DICKINSON ND 58601 US

Period of Performance: 11/15/2022 to 09/01/2023

0001 Replace substandard structure of unknown age with new 4 sided precast RCBC across Horse Creek, located in Slope County, ND. R1, DPG, Medora

Ranger District

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

Sponsored by GSA

FAR (48 CFR) 53.110

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATON

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

C.5. SUBMITTALS

C.6. APPLICABILITY OF THE CONSTRUCTION WAGE RATES REQUIREMENTS

STATUTE (CWRRS)

C.7. LANDSCAPE PRESERVATION

C.8. FINAL CLEANUP

C.9. TRAFFIC CONTROL

C.10. CONTRACTOR'S USE OF EXISTING ROADS

C.11. LOAD LIMITS

C.12. Noxious Weed Control

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2. INVOICE PROCESSING PLATFORM (IPP):

G.3. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR):

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

KEY PERSONNEL

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION UNIT QTY PRICE AMOUNT

15101 Mobilization Lump Sum 1 $ $

15201 Construction Survey and Staking Lump Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump Sum 1 $ $

20301 Removal of Existing Culvert Lump Sum 1 $ $

20407 Roadway Excavation Cubic Yard 428 $ $

20802 Foundation Fill Cubic Yard 100 $ $

20803 Structural Backfill Cubic Yard 342 $ $

20804 Structure Excavation Lump Sum 1 $ $

25101 Placed Riprap, Class 2 Cubic Yard 228 $ $

30207

Aggregate Surface Course, Compaction

Method 2 - NDOT Modified Class 5 Cubic Yard 352 $ $

553A01

20' Span, 7' Rise, Precast Reinforced 4-Sided

Concrete Box Culvert w/ Curbs Linear Foot 24 $ $

553A02

Precast Concrete Member; Wingwall &

Wingwall Footing Each 4 $ $

63306 Post, Wood Linear Foot 40 $ $

63307 Object Marker, Type 3 Each 4 $ $

63501 Temporary Traffic Control Lump Sum 1 $ $

O/H

Profit

TOTAL TOTAL $ $

B.2 SCHEDULE NOTES

a) The offeror shall insert a price in the Bid Schedule opposite each pay name listed in the

Schedule. A price is not to be tendered for any item not listed. All other items not listed are incidental to one of the items above.

b) In the event of an error in extending the bid prices, unit prices will govern, unless otherwise determined by the Contracting Officer, in accordance with applicable regulations.

c) The offeror must quote on all items. Round to the nearest cent. Offers for quantities less than those listed in the numbered items may be rejected.

d) 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, but can be included under Mobilization. The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. The suffixes pertain only to sizes, classes, and/or types indicated in the item 0‘Descriptions,’ and are used by the Government for computer tabulation of bid schedules.

e) This is a Request for Proposal (RFP); no public opening will be held. Results will not be made public prior to award. Proposals submitted in response to this RFQ will not be returned and will be retained by the U.S. Forest Service for official record purposes.

f) Complete the Representations and Certifications electronically via the System for Award

Management (SAM) website at https://www.sam.gov THIS IS A FREE REGISTRATION.

g) Contractor must provide acknowledgement of Amendment(s) (If Any).

h) One award will be made from this solicitation, contractors must submit pricing for all items.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Contractor shall furnish labor, equipment, supervision, transportation, supplies, and incidentals

(except Government-provided sources) to perform all work specified herein. The work consists of replacing the reinforced concrete box culvert on Forest Service Road NFSR 779-1 at Horse Creek crossing. The project is located on the Medora Ranger District in Slope County, ND. Work shall include demolition of an existing 4 sided box culvert, regrading and armoring existing road approaches, installation of 20’ span, 7’ rise precast reinforced concrete box culvert. All work shall be in accordance with the supplied drawings, specifications and bid schedule.

C.2 PROJECT LOCATON

The project is located on the Medora Ranger District in Slope County, ND on Forest Service Road

NFSR 779-1 at Horse Creek crossing. See Attachment 1_SOW Horse Creek Culvert Replacement for

Map

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Magnitude of Construction for this project is between $250,000 to $500,000

C.4 TECHNICAL SPECIFICATIONS

The Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 Customary Units 2014 and Federal Highway Administration

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14

Metric Units 2014 or newer Forest Service approved editions, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Delete any reference to Department of Transportation Acquisition Regulations

(TAR) wherever shown.

Copies of the "FHWA FP-14 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF

ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS" are available for download at the following URL: https://highways.dot.gov/federal-lands/specs

The following Supplemental Project Specifications are applicable to this contract and are physically included in this Solicitation(See Attachment 3_Horse Creek CSSS). The Standard Specifications and Supplemental Specifications must be read as a whole to gain a full understanding of the work required. In the case of discrepancies, however, between these specifications, the Supplemental

Specifications will take precedence over the Standard Specifications

Specification No. Title Date

PREFACE 2014

Section 101 Terms, Format, and Definitions 2014

Section 102 Bid, Award, and Execution of Contract 2014

Section 103 Scope of Work 2014

Section 104 Control of Work 2014

Section 105 Control of Material 2014

Section 106 Acceptance of Work 2014

Section 107 Legal Relations & Responsibility to the Public 2014

Section 108 Prosecution and Progress 2014

Section 109 Measurement and Payment 2014

Section 153 Contractor Quality Control 2014

Section 155 Schedules for Construction Contracts 2014

Section 156 Public Traffic 2014

Section 203 Removal of Structures and Obstructions 2014

Section 204 Excavation and Embankment 2014

Section 208 Structure Excavation and Backfill for 2014

Selected Major Structures

Section 251 Riprap 2014

Section 302 Minor Crushed Aggregate 2014

Section 553A Precast Concrete Structures 2014

Section 625 Turf Establishment 2014

Section 725 Miscellaneous Material 2014

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 referenced in

Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.5. SUBMITTALS

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

Date and revision dates.

Project name and contract number.

Names of contractor, subcontractor, supplier and manufacturer.

Specifications section number.

Field dimensions and relation to adjacent structures.

Applicable standards such as ASTM or Federal Specifications.

Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the

Specification or task order.

The following submittals, shop drawings, material certifications and/or testing reports are required:

Submittal Log

Log

No.

Inciden tal to

Pay

Item(s) Description of Submittal

Type of

Submittal

Requirement found in

Specification

No.

/Drawings

Additional

Specification

References

1 151 Submittal Schedule Schedule

2 151 Weed Free Material Source

Certification

Material

Certification FSSS 105.02(b)

3 151 Hazardous Spill Plan Plan FSSS 107.10

4 151 Contractor Quality Control Plan Plan 153.02 552.09

5 151 Material Storage/Staging Plan Plan and

Description FSSS 151 Drawings

6 151 Bridge Removal Plan Plan and

Description Drawings

7 152 Surveyor Credentials Certification FSSS 152

8 157 Soil Erosion and Pollution

Control Plan Plan FSSS 157.03

9 157 Stream Diversion & Dewatering

Plan Plan

Drawings

FSSS 157.03

157.09

10 208 Excavation and Backfill Plan &

Methods Plan Drawings

11 208 Structural Backfill Proctor Test Results 208.11 Drawings, FSSS 208

12 208 Structural Backfill Density

Testing Test Results 208.11

13 208 Foundation Fill Proctor Test Results 208.11 Drawings, FSSS 208

Submittal Log

Log

No.

Inciden tal to

Pay

Item(s) Description of Submittal

Type of

Submittal

Requirement found in

Specification

No.

/Drawings

Additional

Specification

References

14 208 Foundation Fill Density Testing Test Results 208.11

15 251 Type II Geotextile Material

Certification 714.01

16 251 Riprap Material

Certification 705.02

17 302 Aggregate Surface Course Material

Certification

FSSS 302

18 553A Precast Concrete Structures:

Concrete Box, Wingwalls/Footings

Shop Drawing FSSS 553A.03 104, 552, 553, 554

19 553A Precast Concrete: PCI/NPCA

Certification

Fabrication

Certification

FSSS 553.02

20 553A Precast Concrete Structures:

Testing Test Results FSSS 553A.06 106, 554, 562

21 553A Reinforcing Steel Order List 554.03 553, 553A, 709, Drawings 22 553A Miscellaneous Material: Grout

Material

Certification FSSS 725.40 Drawings

23 553A Miscellaneous Material: Grout Product

Approval FSSS 725.40 Drawings

24 553A Installation Plan Plan Drawings

25 625 Seed Mix Material

Certification 625.10

106, FSSS

625, 713

26 633 Object Markers & Posts Material

Certification 633 Drawings

27 635 Traffic Control Plan Plan FSSS 156, 635

Submittal Log Continued:

Title Referenced by Contract clause or

Specification No.

Time of Government Approval

After Submittal

Safety Plan, including Blasting

Plan where applicable

Accident Prevention clause [FAR

52.236-13] N/A

Proposed Progress

Schedule

Schedules for Construction

Contracts [FAR 52.236-15]

N/A

Drug Free Workplace Policy Drug-Free Workplace

[FAR 52.223-6]

N/A

SF1413 - Statement and

Acknowledgement for each

Subcontractor including

Owner/Operators and other

Sole Proprietorship

Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards)

[FAR 52.236-11]

N/A

Payroll Record WH347 Certified

Payrolls submitted weekly

Payrolls and Basic Records [FAR

52.222-8] N/A

C.6. APPLICABILITY OF THE CONSTRUCTION WAGE RATES REQUIREMENTS

STATUTE (CWRRS)

The Contractor is responsible for compliance Construction Wage Rates Requirements

Statute (CWRRS, previously called Davis-Bacon Act). The Department of Labor

(DOL) is responsible for enforcement of the CWRRS. Contractor shall contact the

DOL to resolve any questions concerning the applicability of the CWRRS. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities. Note: This is not an all-inclusive list. The work to be performed under this IDIQ includes but is not limited to:

The CWRRS applies to the following typical activities:

a. Patching of asphalt or other pavements;

b. Replacing culverts;

c. Striping pavements;

d. Rehabilitation/recycling pavements;

e. Fog or chip sealing;

f. Major slump/slide removal;

g. Bridge maintenance; and

h. Aggregate surfacing, except minor spot surfacing.

i. Damaged road repair.

j. Trail maintenance and construction.

The following is also considered construction work:

Surveying/Staking of Work Activities, signing (traffic control and new sign installation); Clearing; Earthwork and realignment; Drainage (surface, subsurface, drain dips, corrugated metal pipe, under drains, etc.); Aquatic Organism Passage Work activities (small bridges or prefabricated structures, etc.); Aggregate Placement (base, surface, pit-run, riprap, etc.); Erosion Control (some erosion control such as seeding may be a service work activity; Shoulder, cut and fill slope reconstruction; Asphalt

Placement, Asphalt Restoration (grinding, overlays, pothole patching, skin patching, crack sealing, chip sealing (some activities may be service work activity for supply/install), etc.); Cut/Fill Slope Stabilization; Aquatic Organism Passage

Construction; Cattle guard Installation; Installing Closure Devices (gates, earthen barriers, guardrails, etc.);

Fence and Gate construction; Burned Area Emergency Response (BAER), Fire

Suppression Rehabilitation.

C.7. LANDSCAPE PRESERVATION

a) The Contractor shall confine operations to within the areas designated in contract documents, and prevent the depositing of excavated materials or other debris outside of these limits. Damage to vegetation or structures outside the designated areas shall be repaired as directed by the Contracting Officer.

b) Erosion Control. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Pollutants such as fuels, lubricants, raw sewage, and other harmful materials shall not be discharged onto the ground, into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Contractor shall submit an Erosion Control Plan identifying the nature of materials to be used and procedures for installing temporary erosion control devices. Install and maintain erosion control devices prior to and throughout construction and until permanent erosion control measures identified in

Specifications and on Drawings are completed.

c) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil products on site, appropriate preventative measures shall be taken to ensure that any spill of such oil or oil products does not enter any streams or other waters of the United States or of any individual states.

Servicing of all equipment shall be done only in the area approved by the CO.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill

Prevention Control and Countermeasures (SPCC) Plan. Such a plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered Engineer.

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

d) Trash and Refuse - Contractor shall remove all of their own trash and refuse from the contract area. This material must be removed to a State, County or

Municipality - designated solid waste disposal area.

e) "Before You Dig" - Contractor is responsible for locating existing utilities prior to digging.

f) On-site work shall not incorporate straw, hay, or other items that may contain noxious weeds or seeds. Straw may be used only if certified to be weed free.

C.8. FINAL CLEANUP

Contractor shall remove and dispose of all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to, camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the road construction, all stakes, old culverts, flagging and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and

Local disposal requirements.

C.9. TRAFFIC CONTROL

The contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for

Streets and Highways, published by the Federal Highway Administrations and applicable safety codes.

The contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings.

C.10. CONTRACTOR'S USE OF EXISTING ROADS

The contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions: State laws governing traffic rules and equipment requirements on State and Borough Highways.

Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

C.11. LOAD LIMITS

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

Forest Service overload permit applications for this project may be obtained from the

COR.

C.12. Noxious Weed Control

Noxious Weed Control

a) In order to prevent the potential spread of noxious weeds into the National Forests, the

Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the appropriate agencies having jurisdiction.

c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands. The Contractor shall use the Equipment Cleaning Inspection and

Verification Form provided by the CO to document equipment compliance.

e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service

Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Do not deliver equipment and vehicles to the project until after inspection and approval.

f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.252-2 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 address: www.arnet.gov/far/

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within _TEN (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 __290___. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within

_10___days after the date of contract award. The conference will be held at an agreed upon time and place. For more information, contact the Contracting Officer, Lucas Dahlman at lucas.dahlman@usda.gov.

G.2. INVOICE PROCESSING PLATFORM (IPP):

a) Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract.

The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk.

b) Final Payment. The final invoice must be accompanied by a release of claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the

Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release Form.

c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items electronically in IPP to the Contracting Officer (see

FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

ADMINISTRATION OF PAYMENTS: The Government will make maximum use of discrete CLINs for tasks or project milestones. Work under FFP CLINS will be payable upon tender and acceptance under FAR 52.232-25 "Prompt Payment."

G.3. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR):

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

mailto:lucas.dahlman@usda.gov http://www.ipp.gov/

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.

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 requests effort outside the scope of the contract, the Contractor should advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall 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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

KEY PERSONNEL

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting

Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

INSURANCE COVERAGE

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

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $250,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

USE OF PREMISES

a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the

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

Contractor.

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

Archaeological or Historic Sites

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

Control of Erosion, Sedimentation, and Pollution

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

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

Mechanized equipment shall not be operated in flowing streams without written approval by the

Contracting Officer.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.202-1 Definitions (JUN 2020)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-7 Anti-Kickback Procedures (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

Employees of Whistleblower Rights (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(NOV 2015)

52.215-2 Audit and Records -- Negotiation (JUN 2020)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018)

52.222-6 Construction Wage Rate Requirement (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (JUL 2021)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

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

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010)

52.222-50 Combating Trafficking in Persons (NOV 2021)

52.222-54 Employment Eligibility Verification (MAY 2022)

52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022)

52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.227-1 Authorization and Consent (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(DEVIATION APR 2020)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

Alternate II (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-2 Subcontracts (JUN 2020)

52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION APR 2020)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

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

(a) Definitions. As used in this clause-

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

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

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

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

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

and

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

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

The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

Cost of components means-

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

(whether or not such costs are paid to a domestic firm), and any applicable duty

(whether or not a duty-free entry certificate is issued); or

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

Domestic construction material means-

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

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

or

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

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

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

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

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

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

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

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41

U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The

Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add…