REQUEST_FOR_PROPOSAL_1291S819R0028_-_REMODEL_BBDC_USFS.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)

USDA FOREST SERVICE

PACIFIC SOUTHWEST REGION

1323 CLUB DR

VALLEJO CA 94592-1110

91S8 jeremy.bedner@usda.gov

Jeremy Bedner Contracting Officer, Forest Service Region 5

JEREMY BEDNER 707-562-8756

1x 07/26/2019

1291S819R0028

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

Building Remodel. Big Bear Discovery Center.

Mountaintop Ranger District, San Bernardino National Forest.

A. The Government anticipates a firm-fixed price contract resulting from this solicitation.

B. The acquisition is a total small business set-aside.

C. The Government estimate is between $1,000,000 and $5,000,000.

D. The period of performance is 180 calendar dates from issuance of the Notice to

Proceed.

E. Offer shall submit one one (1) electronic copy of the both the Technical Proposal and Price Proposal.

F. Pricing for all items shall be submitted per the Section B Schedule of Supplies and Services, B.1 Bid Schedule.

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

08/26/2019

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

PACIFIC SOUTHWEST REGION

1323 CLUB DR

VALLEJO CA 94592-1110

91S8

JEREMY B. BEDNER

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 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1291S819R0028

G. Technical and Price Proposal shall be submitted IAW the requirements of Section L, Instructions to Offerors.

H. Source Selection shall be IAW with FAR Part

15.101, Best Value. Refer to Section M, Evaluation.

J. Site Visit information located in Section C

Statement of Work, C.3.

I. This solicitation is subject to the

Availability of Funds IAW FAR 52.232-18.

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP 1291S819R0028

BIG BEAR DISCOVERY CENTER REMODEL

MOUNTAINTOP RANGER DISTRICT, SAN BERNARDINO NATIONAL FOREST

PART I – SCHEDULE

SECTION B – SCHEDULE OF SUPPLIES AND SERVICES (BID SCHEDULE)

NOTE: The Offeror must submit a price on all items. If Offeror does not intend to charge for a bid Item, a price of "0" or "NO COST" should be shown. Offers submitted without pricing on all items may be considered non-responsive.

B.1 BID SCHEDULE

ITEM

NO.

DESCRIPTION

MS

MT

UNIT UNIT

PRICE

QUAN AMOUNT

BASE ITEM – BUILDING RENOVATION/CONSTRUCTION

1 Mobilization LSQ JOB $ 1 $

2 Site Work – including site clearing, removals, asphalt, concrete, utilities, signs, fencing, pavement markings, arbor structure

LSQ JOB $ 1 $

3 Building Interior – Selective Demolition LSQ JOB $ 1 $

4 Building Interior – including concrete, footings, framing, ceilings, doors, glazing, finishes, flooring, hardware, cabinets and countertops, lockers, casework, acoustics, signs

5 Building Exterior – doors, windows, wall infill, openings

6 Plumbing – including restroom and breakroom fixtures, accessories, & signage

7 Mechanical – includes new HVAC systems and modifications to existing systems

8 Electrical – including communications, securityand fire alarm modifications, ID/access card readers

9 Fire Sprinkler System – design and modifications to existing system

BASE ITEMS BID TOTAL

ALTERNATIVE BID ITEMS

A1 Furnishing and Installation – all systems furniture, office cubicles, loose furniture, and

NOTES

1. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151(01) Mobilization.

2. Payment will be made on actual work performed as described in FP-14 109.01. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-14.

3. IAW FAR 36.204 – Disclosure of the Magnitude of Construction Projects, the Government has estimated price range of

(d) Between $1,000,000 and $5,000,000.

(END OF SECTION)

high density storage

A2 RV Parking/Pavement Rehabilitation – parking lot expansion and associated improvements, crack seal, slurry seal, and restriping

A3 Demolition of Trailers – demolish and remove two existing modular office trailers at BBRS

ALTERNATIVE BID ITEMS SUBTOTAL

TOTAL – BASE + ALTERNATIVE BID ITEMS

SECTION C – STATEMENT OF WORK

C.1 PROJECT SCOPE

The contractor shall provide all labor, materials, equipment, and supervision to perform work requirements associated with the remodel of the Big Bear Discovery Center, Mountain Top Ranger District, San Bernardino National Forest.

The project consists of the remodel of the existing Big Bear Discovery Center building, comprising 13,792 total square feet, to provide office space for forty-four (44) district employees and ten (10) cooperators within the existing footprint while retaining visitor and interpretive functions within the building. The primary building remodel area consists of approximately 6,600 square feet of the northern part of the building with some minor remodeling in other areas of the building. Building remodel work includes removal and reconstruction of interior partition walls, modifications or replacement of existing building systems – HVAC, electrical, plumbing, fire sprinklers, data/phone – interior and exterior lighting, removal and installation of suspended ceilings, installation of acoustical treatments, installation of skylights, supply and installation of modular work stations and high-density storage system, installation of new exterior wall openings – windows, doors – removal and installation of flooring – carpet, tile – installation of casework and lockers, installation of restroom facilities, painting, and all other miscellaneous items shown on the contract drawings and schedule of items.

Other site work includes installation of a timber shade structure, installation of a fiber optic communication line from the Discovery Center to the adjacent Ranger Station, installation of accessible pathways, installation of split-rail fencing and signs, replacement of pavement markings, and all other miscellaneous items shown on the contract drawings and schedule of items. Site work shall include two alternative bid items: 1. rehabilitation and expansion of the existing parking lot; and 2. demolition of two trailers at the adjacent Ranger Station.

C.2 PROJECT LOCATION

Mountaintop Ranger Station, San Bernardino National Forest 40971 North Shore Drive/Hwy 38 Fawnskin, California, 92333

C.3 SITE VISIT / PRE-BID MEETING

FAR Provision 52.236-27 SITE VISIT (CONSTRUCTION) – ALT I (FEB 1995) is included in this solicitation.

The Government will provide a pre-bid site visit for the project site. The Forest Service highly recommends that bidders attend the pre-bid meeting / site visit to ensure complete understanding of the requirement and knowledge of site conditions and operational challenges.

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract award resulting from this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

Offerors are expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance (to the extent that the information is reasonably obtainable). In no event shall failure to inspect the site constitute grounds for a claim after contract award.

An organized site visit is currently anticipated to be scheduled NLT 16 August, 2019. The specific date and time will be confirmed, and notification will be provided via an amendment to this solicitation.

Point-of-Contact for Site Visit Information and Questions Mr. Joshua Direen, Assistance Forest Engineer, San Bernardino NF. 909-382-2609.

C.4 Statement of Work/Specifications

AGAR 452.211-3 (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.

C.5 Attachments to Statement of Work/Specifications

AGAR 452.211-4 (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.6 ADDITIONAL SITE AND PROJECT INFORMATION

A. Existing Conditions:

The indications of existing conditions on the drawings and specifications are the result of on-site facilities inspections and review of as-built drawings of the original construction. The current Big Bear Discovery building was constructed in 1998 with an addition completed in 2003.

B. Weather Conditions:

The project site is located on the North Shore of Big Bear Lake at an elevation of 6,800 feet above sea level in the San Bernardino Mountains near Fawnskin, California. Fawnskin’s low temperature is typically below freezing from November to April. The average high temperature is between 40-50 degrees Fahrenheit during this period. The site typically receives snow in the winter, with an average annual snowfall of 67 inches.

C. Work Operation Restrictions:

Operations are permissible Monday-Friday, 7a/0700 to 5p/1700.

C.7 APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS

A. Applicable Specifications:

References to CSI Specifications in the Standard Specifications refer to these specifications.

References to Specifications in these CSI Specifications refer to other CSI Specifications attached to the solicitation/contract.

NOTE: Some CSI specifications and associated drawings use English system units to accommodate available commercial products.

The following codes and standards shall apply to the work in this contract:

1. The following are the Codes to be used for the project. The Contractor shall use the latest adopted building code. In the case of conflicting codes the most stringent Code shall apply.

a. National Electric Safety Code.

b. International Fire Code with County of Los Angeles amendments.

c. International Building Code.

d. Uniform Mechanical Code.

e. ASHRAE/IESNA Standard 90.1, Energy Standard For Buildings Except Low Rise

Residential Buildings.

f. Uniform Plumbing Code.

g. NFPA 101.

h. NFPA 13: Standard for the Installation of Sprinkler Systems.

i. Cal/OSHA Construction and Electrical Safety Orders including updates.

j. Stormwater Management for Federal Facilities under Section 438 of the Energy

Independence and Security Act to obtain a 2009- 0009-DWQ Construction general permit, Effective start July 1, 2010.

k. American with Disabilities Act and Architectural Barriers Act Accessibility Guidelines, July 3, 2004.

l. State of California Codes:

1) California Building Code‚ Title 24‚ Part 2 (First Printing) includes

Supplements thru Jan 09.

2) California Existing Building Code‚ Title 24‚ Part 10 (First Printing).

3) California Energy Code‚ Title 24‚ Part 6 (First Printing)‚ includes

Supplements thru January 10.

4) California Administrative Code‚ Title 24‚ Part 1 (First Printing)‚ includes Supplements thru January 10.

5) California Referenced Standards Code‚ Title 24‚ Part 12 (First Printing).

6) California Administrative Code, Title 24, (First Printing) including

Supplements thru January 10.

7) Construction General Permit, State Water Quality Board.

2. Other Federal Requirements:

a. National Environmental Policy Act (NEPA).

b. The Forest Service prepared and submitted Environmental Assessment documentation. Through compliance with section 106 in prior undertakings, the agency has evaluated the structures within the complex. In consultation with the California Office of Historic Preservation, it has been determined, by consensus, that no historic properties are located in the APE for the current undertaking. The Environmental Assessment Document was issued and a Decision Notice Decision Notice and Finding of No Significant Impact was filed.

c. EPA's Final Guidance on Environmentally Preferable Purchasing.

d. EPA's Comprehensive Procurement Guidelines for recovered content.

e. USDA's BioPreferred Program.

f. ENERGY STAR® & DOE Federal Energy Management Program (FEMP)

g. Product Efficiency Recommendations.

h. Energy Policy Act of 2005 and the Energy Independence and Security Act of

2007, Section 483, Storm water Requirements.

Unless otherwise specified in this contract, reference to a specific standard or specification shall mean the latest edition or amendment in effect on the date of the Request for Proposal.

B. Definitions

Administrative Authority as used in the Uniform Mechanical Code, the Uniform Plumbing Code and the National Electrical Code will be the Contracting Officer.

Building Official as used in the Uniform Fire Code, International Building Code Standards will be the Contracting Officer.

C. Product Substitution

Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

D. General Guidelines for Submittals

Submittals are required by their corresponding specifications (basic reference & detailed requirement). Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include the following:

• Date and Revision Dates.

• Project Name and Contract Number.

• Names of Contractor, Subcontractor, Supplier, and Manufacturers.

• Field Dimensions and Relation to Adjacent Structures.

• Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

A. Submit Samples for review of size, kind, color, pattern, and texture, and to illustrate functional and aesthetic characteristics of Product.

B. Where variation in color, pattern, or texture, or other characteristic is inherent in material or product represented, submit at least three (3) multiple units that show approximate limits of variations, or number of units indicated in individual specification Sections.

C. Field Samples: Full-size examples erected on-site to illustrate finishes, coatings, or finish materials and to establish Project standard.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 10 Federal work days of their receipt by the Contracting Officer or COR.

E. Availability of Specifications or Product Descriptions not listed in the GSA Index of Federal Specification and Standards.

Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

Specification Address

ASTM Standards American Society for Testing and Materials P.O. Box C700 100 Bar Harbor Drive West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

AASHTO Standards American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Suite 249 Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org

C.8 BIO-BASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating http://www.astm.org/ http://www.aashto.org/ foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for construction for which biobased products are available. The list is not all inclusive. It is preferrable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases Dust suppressant 2-cycle engine oil Absorbents

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially-available biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

http://www.biopreferred.gov/

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.html

E.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.3 AGAR 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.

E.4 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E.5 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

F.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (AUG 1989)

F.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 in 30 days. The time stated for completion shall include gate fabrication and final cleanup of the premises. Estimated work start date is TBD.

F.4 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the project within 180 calendar days. The time stated for completion shall include final cleanup of the premises.

F.5 AGAR 452.211-5 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance for this project/contract is 180 calendar days from the date of the issuance of the Notice to Proceed.

F.6 POST-AWARD / PRE-CONSTRUCTION CONFERENCE

AGAR 452.215-73 (NOV 1996)

A post-award conference (pre-work or kick-off) with the successful offeror/contract awardee is required. Meeting shall include Contracting Officer [CO] and Contracting Officer Representative [COR]. The conference will be held at a mutually agreeable date/time and location. Routinely held within 10 days following date of the contract award. The Notice to Proceed shall be provided at or immediately following the post award conference, if appropriate.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT CONTRACT REPRESENTATIVES

Contracting Officer (CO) responsible for this contract Jeremy Bedner Region 5 Regional Office – AQM 1323 Club Drive Vallejo, CA 94592 707-562-8756 Jeremy.bedner@usda.gov

Contracting Officer’s Representative (COR) for this contract Joshua Direen Assistant Forest Engineer San Bernardino National Forest Supervisor’s Office 602 S Tippecanoe Avenue San Bernardino, CA 92408 909-382-2609 joshua.direen@usda.gov

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative [COR] at the time of contract 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.

The COR will act as a liaison between the U.S. Forest Service herein referred to as "Service" and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor of its responsibilities under the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

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

G.3 JOB SITE ADMINISTRATION / TECHNICAL DIRECTION

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR.

As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

The Government may designate a Construction Inspector (CI) who will be available at the site to inspect the work as it progresses. The CI will prepare an Inspector's Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, the Contractor's Superintendent, as defined below, shall contact the CI, review the daily log, and sign as the Contractor's representative. Unless the Contractor's Superintendent makes notations to the contrary on the daily log, the log shall be presumed to be accurate. The CI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions.

The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is

(i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation (FAR) Clause 52.236-6.)

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

INTERNET PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System. “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, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice Prime contractor and subcontract payrolls (if applicable)

Payment Request Certification Release of Claims (Final) SF 1413 – Statement and Acknowledgment Construction Schedule (Microsoft Project or other Industry Standard Software (if applicable) Schedule of Values Owner/Operator manuals (if applicable) Warranty Certificates (if applicable)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail ippgroup@bos.frb.org or phone (866) 973-3131.

https://www.ipp.gov/

Invoices shall be submitted not more frequently than once every two weeks.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.5 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: "

G.6 GOVERNMENT-FURNISHED PROPERTY

AGAR 452.245-70 (FEB 1988)

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

G.7 KEY PERSONNEL

AGAR 452.237-74 (FEB 1988)

The Contractor shall assign to this contract the following key personnel:

Principal

NAME

ADDRESS

PHONE

EMAIL

Project Manager NAME

ADDRESS

PHONE

EMAIL

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed

Property/Facilities/Services

Availability Location/Time

TBD

TBD

substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 STORAGE AND STOCKPILING OF MATERIAL

Roadway and suitable areas adjacent to the site may be utilized for temporary stockpiling of materials as approved by the

CO.

H.2 LOCAL DISPOSAL SITES

Not applicable

H.3 INDUSTRIAL CAMPS

Not applicable

H.4 WORK HOUR LIMITS

Construction activity may be performed Monday through Friday and shall be limited to the hours between 7am (0700) and 5p (1700) unless other hours are approved in writing by the COR. No work will be allowed on weekends or Federal Holidays unless approved by the COR and CO in writing.

H.5 UNUSUAL HAZARDOUS CONDITIONS

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

• Tree Mortality

• Burned Area

H.6 SUPERINTENDENCE BY CONTRACTOR

IAW FAR 52.236-6 (APR 1984)

In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.7 LOSS, DAMAGE, DESTRUCTION, OR REPAIR

IAW AGAR 452.237-70 (FEB 1988)

(b) Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) Repairs. All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (b) above. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

Additional. Although this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

H.8 Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

H.9 Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.10 Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris.

Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

H.11 ADDITIONAL CONSIDERATIONS

1. Method of Measurement

The pricing submitted and payment associated shall constitute full compensation for furnishing and hauling all necessary materials to the project site, for proper disposal of all waste materials, and for furnishing all labor, tools, equipment and incidentals necessary to complete the project as specified.

2. Basis of Payment

Payment will be made at the contract unit price for all work indicated on the Specifications and Statement of Work (SOW) when completed and accepted.

3. Safety Plan

Prior to starting any work on this project, the Contractor shall develop and submit to a SAFETY PLAN to the Government. The Safety Plan shall adhere to all State or Federal OSHA regulations with the more stringent taking precedent. The Safety Plan shall also include a description for all flagging, signage and other means to ensure the safety of employees and traffic around the Project Sites.

4. General

All work shall be done in accordance with governing codes and regulations and applicable Specifications and Industry Standards. Where one or more of these conflict, the most stringent shall apply to the prosecution of work.

The contractor shall comply with all applicable state local, state and federal regulations pertaining to all areas of construction. The contractor’s material and equipment storage site shall be determined at the pre-construction meeting.

The area shall be kept clean and free of litter.

All non-salvageable items and trash shall be hauled off the grounds and disposed of in accordance with applicable state and local regulations. Items shall be transported in tarp-covered and closed-vehicles.

PART II – CONTRACT CLAUSES

SECTION I – CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.html

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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JULY 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records – Negotiation (OCT 2010) 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) 52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997) 52.216-4 Economic Price Adjustment – Labor and Material (JAN 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

DEVIATION 2019-O0003

52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (AUG 2018)

DEVIATION 2018-O0018

52.219-14 Limitations on Subcontracting (DEC 2018)

DEVIATION 2019-O0003

52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation (MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Fund (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 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 (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employees 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 (SEPT 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-9 Buy American – Construction Materials (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (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) 52.228-14 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 – Alternate I (MAR 2000) 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 (JUNE 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)

52.236-1 Performance of Work by the Contractor (APR 1984) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-4 Physical Data (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 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) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2019) 52.245-1 Government Property (JAN 2017) 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) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.232-1 Reimbursement for Bond Premiums--Fixed-Price Construction (NOV 1996) 452.236-70…