Sol_12970224Q0021.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)

1117165

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

BOB EBERLE 505-622-6516

DIS

06/12/2024

12970224Q0021

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

Reference Solicitation: 12970223Q0021

Project Title: Lassen NF Soldier Creek Boardwalk Replacement

Forest: Lassen National Forest

Project Description: The Soldier Creek Boardwalk Replacement project is for the replacement of the existing boardwalk on the Pacific Crest Trail that was destroyed

(burned-out) in the catastrophic Dixie Fire during the summer of 2021 in the Lassen

National Forest.

Project Location: See Section C.3

Set Aside: Total Small Business

Project Magnitude: $25,000 to $100,000

Wage Determination: CA20240007, Plumas County, California 04/12/2024

Continued ...

11. The Contractor shall begin performance within

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.)

5 170 calendar days and complete it within ________________ ________________ calendar days after receiving

07/09/2024

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. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

KLENISE S. WALLACE

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12970224Q0021

Forest Service Solicitation Contacts:

Contracting Officer: Klenise Wallace

CS: Bob Eberle, bob.eberle@usda.gov

COR: Tracy Trotten, tracy.trotten@usda.gov

Delivery: 170 Days After Award

Delivery Location Code: 9JNE

LASSEN NATIONAL FOREST

2550 RIVERSIDE DRIVE

SUSANVILLE CA 96130-4774 US

Mark For:

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

Period of Performance: 07/22/2024 to 06/30/2025

0001 06 - CON - Disaster, Soldier Creek Boardwalk

Repair

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP), https://www.ipp.gov.

If the contractor lacks an IPP account, USDA will automatically initiate the enrollment process with Treasury using the contractor's SAM.gov

Accounts Receivable POC as the IPP account holder. Once the enrollment process is complete, the IPP account holder will receive notification and can being invoicing. More information about

IPP can be found at: https://www.ipp.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12970224Q0021 Project Name: Soldier Creek Boardwalk Location Name: Lassen National Forest Page 4 of 51

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

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

RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

Location Name: Lassen National Forest Page 5 of 51

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

VENDORS PLEASE NOTE: BEFORE PREPARING QUOTE, CAREFULLY READ

THE CONTENTS OF THIS SOLICITATION. SEE SOI NOTES BELOW.

ITEM

NO. DESCRIPTION

QNT

Y

UNIT UNIT

PRICE AMOUNT

907 Mobilization 1 LSQ $0.00 $0.00

911 Tread and Prism: Excavation 16 CY $0.00 $0.00

937 Railing Systems: Timber Bridge Railing (2x6) 195 LF $0.00 $0.00

938.10 Standard Boardwalk: 2x8

Redwood Rails 65 LF $0.00 $0.00

961.00 .09 Curbs (Log Curbs) 410 LF $0.00 $0.00

983 Removal of Structures and Obstructions 1 LSQ $0.00 $0.00

991.06 Crushed Aggregate for Base or

Surface Course 2 CY $0.00 $0.00

Materials for Timber Structures:

Treated Structural Timber and Lumber

3.13 MFBM $0.00 $0.00

TOTAL $0.00

Lead Time for Bridge Fabrication Plans

VENDOR

NAME:

BUSINESS

EMAIL:

SAM UEI #:

BUSINESS

PHONE:

AUTHORIZED

TO SIGN:

(NAME &

TITLE)

Location Name: Lassen National Forest Page 6 of 51

SIGNATURE:

DATE:

SOI NOTES:

1 VENDOR INPUT REQUIRED - NOTE: VENDOR MUST COMPLETE, SIGN,

AND RETURN THE ATTACHED EXCEL A1_SOI.

2 LSQ - LUMP SUM QUANTITY

3 ANY AWARD WILL BE TO

ONE QUOTER

4 ALL TAXES MUST BE

INCLUDED IN PRICING

Location Name: Lassen National Forest Page 7 of 51

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Background. The Government’s inspection records indicate that the Soldier Creek Boardwalk was originally built in 1978. There is no record of repair work, and it has not been otherwise rebuilt prior to the 2021 California Dixie Fire. The Boardwalk was in good condition and approximately 50% of the old boardwalk is partially burned and on site. The Government is in the process of handling salvage logging and clearing the burned forest adjacent to the meadow boardwalk site. Salvage logging work is currently in winter suspension due to limited access to the project site but is anticipated to be complete before the start of any work on this contract.

C.1 SCOPE OF CONTRACT

C.1.1. Scope of Work.

The Soldier Creek Boardwalk Replacement project is for the replacement of the existing boardwalk on the Pacific Crest Trail that was destroyed (burned-out) in the catastrophic Dixie Fire during the summer of 2021in the Lassen National Forest.

C.1.2. Description of Work.

This project will replace the existing Solder Creek Boardwalk on the Pacific Crest Trail that was destroyed in the catastrophic Dixie Fire during the summer of 2021 at the existing site of the burned-out Boardwalk. Approximately 50% of the old boardwalk is partially burned and on site.

The hikers must traverse Soldier Meadows Creek by crossing the stream in the water, the bottom of which is muddy and difficult to walk across. The remains of the old boardwalk are such that they cannot be used to traverse the creek. These remains litter the site with partially burned timbers to be removed with construction of the replacement boardwalk.

C.2 TECHNICAL SPECIFICATIONS

Replacement of the existing structure by contract with a new standard boardwalk made of Timber as shown on drawings numbered STD 938-10-01, STD 928-10-2, STD 938-10-03 and STD 0933-50-01 as designed by the Forest Service.

Clean up and removal of the existing remains of the burned boardwalk structure, and placement of the new boardwalk into service.

Adequate construction warning signs will be established and maintained by the contractor during construction of the new boardwalk, as well as removal when the new boardwalk is commissioned into service.

Reference Section J for all other technical specifications.

Location Name: Lassen National Forest Page 8 of 51

C.3 PROJECT LOCATION

Plumas County at coordinates on the Lassen Natioanl Forest: 40.246802 N, 121.33836 W

C.3.1. Site Access.

The Government will coordinate the access to the site through the private property. This will be accomplished by notifying the COR who will notify the Recreation Program Manager who will coordinate with the landowner the Contractor access to the site through the Ranch. The Government will provide Contract Administration and Inspection Services by the Contracting Officer’s Representative.

C.4 PERIOD OF PERFORMANCE/OPERATING PERIOD

Period of Performance: 170 days from Notice to Proceed (NTP).

C.4.1. Winter Shutdown.

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

Between $25,000 to $100,000.

C.4.1. Bonding Requirements.

A bid bond and performance bond are not required for this contract. A payment bond or alternative payment protection to the payment bond is an anticipated requirement for this contract. Reference Section I, Clause 52.228-13 for acceptable alternatives to the SF 25A Bond document.

C.5 GOVERNMENT FURNISHED PROPERTY OR EQUIPMENT

Except for the materials specifically stated within the awarded contract, the contractor shall be expected to provide all the tools, equipment, and materials necessary to carry out this work in accordance C.1.

C.6 BIO-BASED/ SUSTAINABLE PRODUCTS

The contractor must comply with the Agriculture 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 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 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.

Location Name: Lassen National Forest Page 9 of 51

In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired: (1) Competitively within a time frame providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. Information about these products is available at http://sftool.gov/green-products/1/construction-materials.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than October 31 of each year during contract performance and at the end of contract performance (as applicable).

Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

C.7 SUBMITTALS

The following submittals are required in the performance of this contract.

Submittal Type Due Date/Timeframe Progress Schedule See statement of work section J.

Fabrication Plans & Drawings See statement of work section J.

Soil Erection Plan See statement of work section J.

C.8 DELIVERABLES

See Statement of Work in Section J.

C.9 SECTION CLAUSES

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

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

http://sftool.gov/green-products/1/construction-materials http://sftool.gov/green-products/1/construction-materials https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

Location Name: Lassen National Forest Page 10 of 51

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

Location Name: Lassen National Forest Page 11 of 51

SECTION E--INSPECTION AND ACCEPTANCE

E.1 GENERAL

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

E.2 FINAL INSPECTION

A walk-thru inspection shall be scheduled PRIOR to the final inspection so major discrepancies found can be corrected prior to the scheduled completion date. The Contractor shall schedule the final inspection by contacting the COR in advance of the contract completion date.

E.3. CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994)

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

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

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

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

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

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

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

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

Location Name: Lassen National Forest Page 12 of 51

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

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

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

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

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

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

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

(End of Clause)

Alternate I (Apr 1984). In cases where the Government has specified in the contract the use of any equipment by “brand name and model,” paragraph (k) below applies to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a “brand name and model” basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

Location Name: Lassen National Forest Page 13 of 51

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 days after award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 days. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work (APR 1984)

Location Name: Lassen National Forest Page 14 of 51

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT REPRESENTATIVES

Bob Eberle shall serve as the Contract Specialist administering this contract and is the contact on all things concerning this contract. The Contracts Specialist can be reached at bob.eberle@usda.gov or 505- 622-6516.

A Contracting Officer Representative (COR) will be Tracey Totten, reachable at tracy.totten@usda.gov or 530-252-6413. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

The signing Contracting Officer (CO) will be appointed, and his/her contact information will be provided upon award of the contract. The Contracting Officer has full warrant authority over all contract issues.

G.2 INVOICING REQUIREMENTS

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

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

G.2.1 Itemized invoice shall include at a minimum:

Contractor Name and Address Contract, Task Order or Purchase Order numbers Invoice Number Description of Services or work completed.

Date of services or completion.

G.2.2 Certified Payrolls Certified payrolls for Construction: certified payrolls must also be uploaded as an attachment.

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

mailto:bob.eberle@usda.gov mailto:tracy.totten@usda.gov https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Location Name: Lassen National Forest Page 15 of 51

G.2.4 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 and if required by the contract, a release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

G.3 PREWORK CONFERENCE

Prior to commencement of work the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also, at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The meeting will be held at a time and place determined by the Contracting Officer and/or Contracting Officer Representative.

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held post contract award. The conference venue should be coordinated with the COR as soon as possible post award. The anticipated location is:

Lassen Forest Supervisor’s Office Caribou or Thousand Lakes Conference Room 2550 Riverside drive Susanville, CA 96130

G.4 BONDING

A payment bond or alternative payment protection to the payment bond is an anticipated requirement for this contract. Reference Section I, Clause 52.228-13 for acceptable alternatives to the SF 25A Bond document. The contractor awarded this contract must provide the finalized alternative payment protection within 10 calendar days of receipt of award.

G.4 LABOR INTERVIEWS

The Government (via the Contracting Officer (CO), Contracts Specialist (CS) or Contracting Officer Representative (COR)) will conduct periodic interviews with workers on the job using the Stand Form (SF) 1445, Labor Standards Interview, which may be validated against submitted payroll data.

G.5 CLAUSES

No additional clauses for this section.

Location Name: Lassen National Forest Page 16 of 51

G.6 DEFINITIONS AND CONTRACT ADMINISTRATION DATA

Changes (Modifications) The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contract Award A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the CS and COR. Contracting Officers are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If you are asked to perform additional work, or make changes not specified in the contract, DO NOT perform the work but immediately notify the Contracting Officer. A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government.

Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting pre-final and final inspections. In addition, the COR oversees administrative matters (e.g., submittals, etc.). Also ensures elements of contract requirements are met in accordance with terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. NOTE: The COR Designation form outlines functions the COR can and cannot perform.

Contract Specialist (CS) The CS has delegated authority from the Contracting Officer for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. Any contractual documents that bind the Government must have Contracting Officer approval and signature.

Designation of Authorized Representative of the Contractor The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Location Name: Lassen National Forest Page 17 of 51

Designation of Contracting Officer’s Representative (COR) Designation will be made upon contract issuance and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

Government Technical Monitor (GTM) Assists the CO and COR as a technical advisor/inspector to monitor contractor performance. A GTM has no contractual authority. This person exists only to advise the COR in his/her area of expertise.

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

Unauthorized Instructions from Government or Other Personnel The Contractor shall not accept instructions issued by any person employed by the U.S.

Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G.7 OTHER REQUIREMENTS

None at this time.

Location Name: Lassen National Forest Page 18 of 51

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

Contractor shall be required to provide a roster of key contractor personnel. At minimum:

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative; Project Foreman.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 PERSONAL PROTECTIVE EQUIPMENT

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

Location Name: Lassen National Forest Page 19 of 51

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.3 SAFETY

H.3.1. Fire Prevention and Control.

The Contractor is responsible for controlling the work environment to prevent fires to the maximum extent practicable. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

H.3.1.1. Fire Reporting.

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

H.3.1.2. Open Fires.

In accordance with State and local regulations and pursuant to 36 CFR 261.50a, the following is prohibited on each National Forest or National Grasslands:

➢ Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark an-ester, maintained in effective working order, meeting either;

(i) Department of Agriculture, Forest Service Standard 5100-1 a; or

(ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

H.3.1.3. Smoking.

Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

H.3.2 OSHA Standards.

The Contractor is subject to all applicable State and Federal OSHA rules and regulations. At time of award the contractor shall submit to the COR the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. MSDS sheets shall be supplied to the COR prior to using the items. The contractor shall not use any materials in which the

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COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to.

This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

H.3.3 52.236-13 Accident Prevention

ACCIDENT PREVENTION (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will-

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates;

and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 ; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The

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Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

H.4 PORTABLE TOILETS FOR CONSTRUCTION CREW

The contractor shall provide necessary portable facilities for construction crew employees as use of the government facilities is not permitted for this contract. The contractor shall ensure that maintenance and service of the portable facilities is in accordance with OSHA requirements and that the number of employees to number of facilities ratios is adhered to. Contract shall include costs for portable toilet rental and maintenance is included in overall cost to perform under this project.

H.5 CAMPING

Contractor may request camping. Requests for camping will be evaluated by the Government on a case-by-case basis. Contractor must receive written approval from the Contracting Officer Representative, to camp. Camping in locations and for durations not approved in writing by the Contracting Officer Representative is not permitted under this contract. The responsibly lies with the contractor to determine requirements for dispersed camping within the Forest. Dispersed camping on privately owned land (Non-Forest Service Land) will be determined with the landowner with no liability to the government for any agreements between contractor and the landowner.

H.6 WAGE DETERMINATION

The wage determination applicable to this work is CA20240007, Revision 7, Dated 04/12/2024.

H.7 SECURITY REQUIREMENTS

This site is not secured. It is in use by and open to the public. Contractor shall protect work and materials accordingly.

H.8 DATA RIGHTS

Data that is to be produced, furnished, acquired, or used in meeting contract requirements shall be held by the Government. The Contractor may use the data in support of the project but cannot sell or provide the data to outside interested parties.

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H.9 SECTION 508, ELECTRONIC AND INFORMATION TECHNOLOGY

STANDARDS

It is not expected that Information technology is to be acquired as part of this project.

H.10 CLAUSES

No additional clauses for this section.

H.11 OTHER INFORMATION

None at this time.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 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 Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 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 (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-13 Alternative Payment Protections (JULY 2000) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

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52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for http://uscode.house.gov/

Location Name: Lassen National Forest Page 26 of 51 basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.