1282MK20R0001.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)

982615

GRAND MESA UNCOMPAHGRE GUNNISON N

USDA FOREST SERVICE

ATTN PEGGY DOBIE

216 NORTH COLORADO STREET

82MK

GUNNISON CO 81230

USDA Forest Service

Attn: Peggy Dobie 216 North Colorado Street Gunnison, CO 81230

PEGGY DOBIE 970-642-4415

1x 02/19/2020

1282MK20R0001

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

Grand Mesa, Uncompahgre and Gunnison National Forests

Ouray Ranger District

Description: Remodel of Angel Creek Campground

Location: Directions from Ouray, Colorado. Travel south on us-550 for 0.6 miles.

Turn right on Camp Bird Road and continue for 2.0 miles. Turn right at the entrance for Angel Creek Campground. Total travel time from Ouray is 11 minutes or 2.8 miles.

Latitude = 38.00197° Longitude = -107.69454°

Set Aside: Total Small Business Set Aside

Magnitude of Project: Between $100,000 and $250,000

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort.

No award will be made under this solicitation until funds are available. The

Government reserves the right to cancel this solicitation, either before or after the solicitation closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

03/19/2020

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

GRAND MESA UNCOMPAHGRE GUNNISON N

USDA FOREST SERVICE

ATTN PEGGY DOBIE

216 NORTH COLORADO STREET

82MK

GUNNISON CO 81230

PEGGY DOBIE

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 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282MK20R0001

incurred.

Delivery: 10/31/2020

Delivery Location Code: 82MK

GRAND MESA UNCOMPAHGRE GUNNISON N

USDA FOREST SERVICE

GRAND MESA UNCOMPAHGRE GUNNISON

NATIONAL FORESTS 2250 HYWAY 50

DELTA CO 81416 US

0001 Angel Creek Campground Remodel

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

Sponsored by GSA

FAR (48 CFR) 53.110

Angel Creek Campground 1282MK20R0001 GMUG NFs – Ouray RD Page 4 of 36

PART I – THE SCHEDULE

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

C - SECTION C - Description/specifications/Statement of Work

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

F - SECTION F - Deliveries or Performance

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

I - SECTION I - Contract Clauses

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J - SECTION J - List of Documents, Exhibits, and Other Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K - SECTION K - Representations, Certifications, and Other Statements of Offerors

L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

M - SECTION M - Evaluation Factors for Award

GMUG NFs – Ouray RD Page 5 of 36

PART I – THE SCHEDULE

SECTION B – SCHEDULE OF ITEMS

ESTIMATED COSTS

Item # Description Unit Quantity Unit Price Total Price

151.01 Mobilization Lump Sum 1 $ $

157.13 Soil Erosion and Pollution control Lump Sum 1 $ $

152.01 Construction Survey and Staking Lump Sum 1 $ $

204.15 Excavation and Embankment Cubic Yards 87.3 $ $

303.16 Roadway Reconditioning Mile 0.41 $ $

302.01 Aggregate Surface Cubic Yards 829.5 $ $

602.01(a) Culvert Installation, 24 inches, 16 gauge, Steel Linear Foot 32 $ $ 203.02(a) Removal of Culvert Each 1 $ $ CSI 13129 Precast Concrete Vault Toilet Each 2 $ $ 302.05(b) Aggregate Bedding Cubic Yards 23 $ $

CSI 02217,

302.01 Construct Tent Pads Each 11 $ $

CSI 02218,

302.01 Construct Single Units Each 10 $ $

CSI 02218,

302.01 Construct Double Unit Each 1 $ $

633.01 Install Site Markers Each 16 $ $

CSI 02205 Construct rock barriers Each 35 $ $ 211.01(b) Decommissioning Lump Sum 1 $ $ 625.07(a) Seed- Dry Method Acre 1 $ $

633.01 Installation of road sign Each 3 $ $

*OPTION ITEMS

Item # Description Unit Quantity Unit Price Total Price

CSI 02218,

302.01 Recondition 5x existing camp sites. Each 5 $ $

CSI 10415 Fee Station and Site Recreation Signs Each 2 $ $ CSI 10416 Site Entrance Signs Each 1 $ $

*Option items may or may not be awarded based on availability of funds.

Performance Time: 90 calendar days from Notice to Proceed.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

GMUG NFs – Ouray RD Page 6 of 36

SECTION C – DESCRIPTION/SPECIFICATIONS

PROJECT DESCRIPTION AND LOCATION:

Angel Creek Campground

(33.00197, -107.69454) The Forest Service is requesting proposals for a campground remodel project, located on the Ouray Ranger District on the Uncompahgre National Forest at Angel Creek Campground, just outside of Ouray, CO. The project will take place in the fall of 2020.

This proposed project consists of (but is not limited to):

Construction of 600 feet of new road, 12 feet wide Construction of 11 new tent pads Construction of 10 single units Construction of 1 double unit Installation of 2 new vault toilets (Boom Clovermist Standard OR approved equal- SEE

DRAWINGS)

Removal of 2 culverts and installation of one new 24 inch x32 feet long culvert Road reconditioning (2,135 feet) Placement and compaction of aggregate surfacing on road and spurs (1.5 inch minus material) Placement and compaction of “crusher fines or 3/8 inch crushed rock” surfacing on tent pads, camp units, and paths Construction of rock barriers Decommissioning of: 2 existing sites (including disposal of existing site amenities [reuse picnic tables for new sites], scarifying, and seeding), 200 feet length of an existing spur (including scarifying and seeding), and a 105 feet length of a skid trail (including scarifying and seeding)

Dry method seeding of 1 acre of disturbed/denuded areas (SEE DRAWINGS) Installation of signs: one “One Way” sign, one “Do Not Enter” sign, and one “No Trailers” sign

(SEE DRAWINGS)

Optional bid items include:

Improving 5 existing camp sites (including constructing a double unit and additional tent pad at one existing site- see drawings) Installation of one campground/fee kiosk and installation of one Forest/visitor information kiosk (SEE DRAWINGS) Installation of one Angel Creek Campground Entrance sign

Contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies, license, transportation, and incidentals necessary to perform the tasks identified in the schedule of items, for which the desired outcome is in strict accordance with the specifications and drawings for line item.

ADDITIONAL REQUIREMENTS:

The following additional guidelines are required mitigation measures or specifications incorporated into project design and decision record authorizing the completion of this project.

1. In order to reduce the spread of noxious weeds on to Forest lands, all equipment shall be cleaned by the contractor prior to moving equipment onto public lands and project area.

Equipment shall be cleaned of mud, dirt, and accumulations of organic material which may

GMUG NFs – Ouray RD Page 7 of 36 harbor seed or plant parts of noxious weeds. Fluid leaks shall be repaired prior to moving onto Forest lands.

2. Advisory signs must be placed at all points well in advance of the maintenance operations regarding both the operations and potential delays.

3. Contractor shall provide and maintain an inspection system (Quality Control Plan) acceptable to the government covering services under this proposal. The contractor shall maintain detailed records of accomplishments in a daily maintenance log and submit them to the Contracting Officers Representative (COR).

4. When defects in services cannot be corrected by re-performance, the government will (1) require the contractor to take necessary actions to ensure that further performance conforms to the contract requirements or (2) may reduce the contract price to reflect the reduced value of the services performed.

CONTRACTOR PRE-WORK MEETING:

The following will be discussed with the Contractor at the pre-work meeting:

1. Areas flagged or mapped to be avoided (private land) or to protect other resource values.

2. Government restrictions to avoid resource damage such as active wildlife breeding sites and rain events making roads impassable. Dry soil is preferred.

3. Appropriate government notices, when necessary.

4. Other miscellaneous items.

452.211-72 Statement of Work/Specifications. (FEB 1988)

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

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from approximately September 1, 2020 through November 31, 2020 (or 90 calendar days from Notice to Proceed).

GMUG NFs – Ouray RD Page 8 of 36

SECTION D - Packaging and Marking

There are no clauses for this Section.

GMUG NFs – Ouray RD Page 9 of 36

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

452.246-70 Inspection and Acceptance. (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 and acceptance will be performed at: the project site.

GMUG NFs – Ouray RD Page 10 of 36

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than October 30, 2020. The time stated for completion shall include final cleanup of the premises.

52.211-18 -- Variation in Estimated Quantity. (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

52.242-14 Suspension of Work. (APR 1984)

GMUG NFs – Ouray RD Page 11 of 36

SECTION G - Contract Administration Data

G.1 FOREST SERVICE REPRESENTATIVES

Peggy Dobie shall serve as the Contracting Officer (CO) on this contract, unless changed by an authorized government contracting officer. The assigned Contracting Officer has full warrant authority over all contract issues. The CO can be reached by email at peggy.dobie@usda.gov

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

A Contracting Officer’s Representative (COR) and Government Technical Monitor’s (GTM/Inspector) will be designated after contract award. The contractor will be notified by letter of the name and duties of the COR and GTMs.

G.3 INVOICES & PAYMENTS

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

https://www.ipp.gov/index.htm Register: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

These items must be uploaded as Attachments:

Itemized invoice (must include) Name and address of the Contractor (include phone number, mailing address, person to notify if there are issues with the invoice.)

Invoice date and invoice number Contract number Taxpayer Identification number Description, unit and price of items being invoiced Shipping and Payment Terms

Certified payrolls for Construction: Contractor and all subcontractors.

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. Final payrolls shall be marked “Final”.

Contractor Notification & Release of Claims (FS-6300-16) 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 with the Final Payment.

G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

CPARS is used by the Forest Service for evaluating contractor performance on contracts over $750,000.00. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS).

Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module mailto:peggy.dobie@usda.gov https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

GMUG NFs – Ouray RD Page 12 of 36 assigned. The contractor will have one user account set up that will allow access to all three modules.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

452.215-73 Post award Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at:

USDA Forest Service 2250 South Main Street Delta, CO 81416.

GMUG NFs – Ouray RD Page 13 of 36

SECTION H - Special Contract Requirements

H.1 ACCIDENT REPORTING.

Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.2 INJURY NOTIFICATION.

Injuries to workers will be reported promptly to the COR and appropriate contractor personnel.

Emergency care for workers while on the job site is a contractor responsibility.

H.3 UTILITIES

Contractor shall locate all existing utilities and contact utilities company to coordinate relocation, connection or disconnection as needed. The Contractor shall be responsible for repair to any utilities damaged during construction. This shall be done at no additional cost to the Government.

Service Interruptions/Utility Outages. If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer and Contracting Officer Representative three calendar days in advance. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. If the service outage is due to an emergency breakdown the Contractor shall notify the Contracting Officer as soon as practicable. Include the location of the outage, utilities being affected, and duration of outage.

H.4 NOXIOUS WEEDS.

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall contact the Contracting Officers Representative and have their equipment inspected before moving on site.

H.5 SAFETY PLAN - Must be submitted within 20 calendar days after award of contract.

When required the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. The Safety Plan should also include safety hazards and mitigation while working in areas of bear habitats.

The Safety Plan should be updated with pertinent information when a task order is issued. Pertinent information may include location of local emergency care facilities, contact information for employees should an accident occur at the worksite, etc.

A copy of the Safety Plan shall be submitted to the Contracting Officer for the contract file. The Contractor’s Safety Plan is neither approved nor disapproved by the government but will be provided to OSHA when requested.

H.6 UTILIZATION OF BIOBASED PRODUCTS STATEMENT.

The offeror must provide a list of all biobased products that will be utilized for this requirement. If no biobased products are being used a non-applicable statement is required.

GMUG NFs – Ouray RD Page 14 of 36

BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that m a y b e required in performance of this construction contract:

2-Cycle Engine Oils – 34% Minimum BioBased Content Concrete and Asphalt Cleaners – 70% Minimum BioBased Content Concrete and Asphalt Release Fluids – 87% Minimum BioBased Content Corrosion Preventatives – 53% Minimum BioBased Content Diesel Fuel Additives – 90% Minimum BioBased Content Dust Suppressants – 85% Minimum BioBased Content Erosion Control Materials – 77% Minimum BioBased Content Fertilizers – 71% Minimum BioBased Content Fuel Conditioners – 64% Minimum BioBased Content Gasoline Fuel Additives – 92% Minimum BioBased Content Graffiti and Grease Removers – 34% Minimum BioBased Content Greases – Truck – 71% Minimum BioBased Content Inks – Sheetfed (Black) – 49% Minimum BioBased Content Inks – Sheetfed (Color) – 67% Minimum BioBased Content Intermediates – Binders – 47% Minimum BioBased Content Intermediates – Chemicals – 22% Minimum BioBased Content Intermediates – Paint and Coating Components – 22% Minimum BioBased Content Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils – 57%

Minimum BioBased Content Mobile Equipment Hydraulic Fluids – 44% Minimum BioBased Content Mulch and Compost Materials – 95% Minimum BioBased Content Multipurpose Lubricants – 88% Minimum BioBased Content Pneumatic Equipment Lubricants – 67% Minimum Biobased Content Wood and Concrete Sealers – Membrane Concrete Sealers – 11% Minimum Biobased

Content Wood and Concrete Sealers – Penetrating Liquids – 79% Minimum Biobased Content

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

H.7 HAZARDOUS SUBSTANCES

The Contractor shall notify the National Response Center and Contracting Officer Representative of all releases of reportable quantities of hazardous substance on National Forest lands that are cause by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or http://www.biopreferred.gov./

GMUG NFs – Ouray RD Page 15 of 36 agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302.

See Section J for reporting requirements and documentation.

H.8 EQUIPMENT

All equipment shall be in good repair and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

Equipment may be owned, rented or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. Equipment must be inspected by the COR or designated representative prior to transport to National Forest Lands.

H.9 EQUIPMENT AND MATERIALS STORAGE AND STAGING

Upon concurrence from the Contracting Officer, certain areas on the National Forest may be used on a case-by-case basis for storage of equipment and/or materials during active construction/reconstruction or maintenance periods. The Contractor shall be responsible for the protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

H.10 FIELD VERIFICATION

Field verify all existing dimensions affecting the work of this contract before ordering products.

H.11 WORK RESTRICTIONS

Nonsmoking buildings: smoking is not permitted within the buildings or within 25 feet of entrances, operable windows, or outdoor air intakes.

H.12 SITE MAINTENANCE

Contractor shall take necessary safety measures to protect their employees and government employees during all construction operations. Contractor shall minimize disturbance of all undisturbed areas. Contractor shall remove all construction trash and debris from Forest Service property and disposed properly at a landfill, per state and/or local regulations.

452.237-74 Key Personnel. (FEB 1988)

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

(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.

(d) 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.

GMUG NFs – Ouray RD Page 16 of 36

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

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

(Jan 2017) 52.204-2 Security Requirements (AUG 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-14 Service Contract Reporting Requirements. (OCT 2016) 52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting Certain Telecommunications and Video Surveillance Services or

Equipment (AUG 2019) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 2018) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAR 2018) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (AUG 2018) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY

2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016)

GMUG NFs – Ouray RD Page 17 of 36

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP

2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN

2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

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(AUG 2018)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011) 52.223-20 Aerosols. (JUN 2016) 52.223-21 Foams. (JUN 2016)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(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 item (as defined in paragraph (1) of the definition at 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.

“Component” means an article, material, or supply incorporated directly into a construction material.

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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 component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR

GMUG NFs – Ouray RD Page 19 of 36

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 item 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 other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price

GMUG NFs – Ouray RD Page 20 of 36 of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response;

if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets. (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts.(MAY 2014) 52.232-16 Progress Payments (APR 2012) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds (APR 1984 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. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest After Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984)

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52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services ( APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JAN 2019) 52.245-1 Government Property. (JAN 2017) 52.245-9 Use and Charges. (APR 2012) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 -- Value Engineering – Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)

Alternate I (SEP 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of

Improvements). (APR 2012) Alternate 1 (SEP 1996)

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

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.acquisition.gov/far or www.usda.gov/procurement/policy/agar.html

52.253-1 Computer Generated Forms. (JAN 1991)

452.228-70 Alternative Forms of Security. (NOV 1996) If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA Forest Service.

452.228-71 Insurance Coverage. (NOV 1996) 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 http://www.usda.gov/procurement/policy/agar.html

GMUG NFs – Ouray RD Page 22 of 36 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. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 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 $200,000per 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.

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)

452.236-72 Use of Premises. (NOV 1996)

(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.

452.236-76 Samples and Certificates. (FEB 1988) 452.236-77 Emergency Response. (NOV 1996)

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

SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment Number

Title Number of Pages

1 Drawings & Maps 17

2 Forest Service Supplemental Specifications 49

3 CSI Building Specifications 28

4 Wage Determination 9

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PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors

52.203-11 Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)

52.204-8 Annual Representations and Certifications (JAN 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39.5 million.

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

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

(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management…