Giants Trail Rehab - 1442.pdf

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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

129JGP20R0048

USDA FOREST SERVICE

R5 CENT-CAL ACQ SERV AREA CCASA

631 COYOTE STREET

NEVADA CITY CA 95959

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

129JGP20R0048 - Giants Asphalt Trail Rehabilitation Sequoia National Forest Western Divide Ranger District

FAR 32.204 Disclosure of Magnitude of the Construction Project: Between $100,000 and $250,000

Set Aside: Total Small Business Set Aside

IMPORTANT NOTES:

See Section L, Paragraph L.2 for the Documents to Submit with Your Proposal

All Requests for Information (RFI's) shall be submitted to the Contract Specialist, Gregory Cunningham, not later than 1600 hours on July 3 , 2020.

An organized pre-proposal site visit held on July 2 nd, 2020, 10:00 AM PST. Meet at the large turnout just north of Redwood Meadow Campground/Trail of 100 Giants (see map sheet in drawings).The pre-proposal tour is not mandatory but HIGHLY encouraged due to the sensitive giant sequoia grove and meadow area.

USDA FOREST SERVICE

R5 CENT-CAL ACQ SERV AREA CCASA

ATTN: GREG CUNNINGHAM

631 COYOTE STREET

NEVADA CITY CA 95959

GREGORY CUNNINGHAM (530) 478-6162 or (530) 575-7569

1 OF 2307/0 /2020

08/07/2020

1300 PST

10 Calender days

Section F

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

E-mail:________________ DUNS:________________

9JGP

USDA FOREST SERVICE

R5 CENT-CAL ACQ SERV AREA CCASA

631 COYOTE STREET, NEVADA CITY CA 95959

Invoice Processing Platform, www.ipp.gov

GREGORY CUNNINGHAM

SECTION B – SCHEDULE OF ITEMS

Trail of 100 Giants Asphalt Rehabilitation Western Divide Ranger District

Sequoia National Forest

ITEM DESCRIPTION UNIT EST. UNIT TOTAL

NO. QTY. PRICE COST

151 (01) Mobilization (includes bonding costs) L.S. 1 $ $

203 (01) Asphalt Trail Selective Pavement Demolition, 3" 4" Existing Depth plus Berm; dispose by removal from project.

S.Y. 600 $ $

204 (05A) Repair Trail Shoulder Fill Slope Settlement/Sloughing L.F. 444 $ $

406 (03A) Polymer Modified Asphalt Seal Coat with Sand (2 coat application per Manufacturer's Instructions)

S.Y. 2421 $ $

414 (08A) Crack Cleaning and Sealing Trail Segments 1 3 (high crack density) S.Y. 2566 $ $

414 (08B) Crack Cleaning and Sealing Trails 4 5 (moderate crack density) S.Y. 1223 $ $

418 (01)

Asphalt Pavement Full Depth Patch using State Asphalt Concrete Pavement, Class 3/8 inch Max Medium (3” compacted in place). Repair and compact subgrade as needed.

TON 105 $ $

418 (02) Hot Asphalt Concrete Berm, Class 3/8 inch Mix L.F. 1808 $ $

Total $

* QUANITIES ARE ESTIMATED, CONTRACTOR SHALL FIELD VERIFY TO SATISFY ALL REQUIREMENTS OF THE DRAWINGS, STATEMENT OF WORK, AND SPECIFICATIONS.

Company Name: POC & Title:

Email: Phone Number:

DUNS Number: Tax ID:

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

SECTION C DESCRIPTION/SPECIFICATIONS

C.1 Scope of Work Work for this project consists of repair and spot repaving of 1.35 miles of handicapped accessible asphalt paved trails in a sensitive giant sequoia grove environment. Work includes but is not limited the following:

• Minor vegetation trimming/clearing as needed for paved trail repairs (incidental)

• Minor slough removal from paved trail and upslope shoulders as needed for paved trail repairs (incidental)

• Selective demolition and removal of paved trail asphalt and berm

• Selective repair of trail subgrade and shoulders

• Selective repair/repaving of accessible asphalt paved trails

• Selective repair/replacement of asphalt berms along edges of paved trails

• Cleaning, filling, and sealing of cracks in the asphalt paved trails

• Seal coating of asphalt paved trails

Contractor shall provide everything including, but not limited to, all equipment, supplies, transportation, labor, and supervision necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the specifications, drawings, and statement of work.

C.2 Location

The project site is located on County Road 107 Western Divide Highway between the communities of Ponderosa and California Hot Springs on the Western Divide Ranger District of the Sequoia National Forest/Giant Sequoia National Monument.

Project can be reached as follows:

From Porterville, follow State Highway 190 east through Springville and Camp Nelson to Quaking Aspen Campground, then south on County Road 107 through Ponderosa approximately 11 miles to Redwood Meadow Campground and the Trail of 100 Giants. The project may also be reached from California Hot Springs by following County Road 50 Parker Pass Road east and north approximately 10 miles to County Road 107 and then north approximately 2.5 miles to the site. The project is located at Township 22 South, Range 31 East, and in the Northeast ¼ of section 25.

C.3 Technical Specifications

Technical Specifications: See Section J for Statement of Work and other pertinent information

Section J of this contract contains Supplemental and Special Project Specifications that supplement and/or modify the Standard Specifications. The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item in the Schedule of Items.

C.4 BIOBASED AND SUSTAINABLE PRODUCTS

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

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products. The following is a list of categories for biopreferred products that may be required for performance of this contract.

Equipment Lubricants, Engine Oils, Office Products (Ink, paper, etc)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

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 Statements 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.

SECTION D PACKAGING AND MARKING

This Section Not Used.

SECTION E INSPECTION AND ACCEPTANCE

52.246 12 Inspection of Construction. (APR 1996)

452.246 70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

b) Inspection and acceptance will be performed at: the project site.

SECTION F Deliveries or Performance

52.211 10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within Ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

52.242 14 Suspension of Work. (APR 1984)

SECTION G Contract Administration Data

452.215 73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled 10 days after the date of contract award.

The conference will be held at: at location to be determined, that will be identified upon contract award.

G.1 INVOICES & PAYMENTS

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. Offerormust 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).

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract, Task Order or PurchaseOrder numbers Invoice Number Description of Services or work completed Date of services or completion.

G.2 FOREST SERVICE REPRESENTATIVES:

Gregory Cunningham shall serve as the Contracting Officer (CO) on this contract. The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at (530) 478 6162 or (530) 575 7569 or Gregory.Cunningham@usda.gov

A Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award. .

G.3 CONTRACT ADMINISTRATION DATA:

1. 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.

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

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

4. 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.

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

6. 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.

SECTION H Special Contract Requirements

452.236 77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236 9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) 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.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243 4. ADDENDUM to AGAR 452.236 77(c) Paragraph (c) above refers to Changes clause, FAR 52.243 4. Instead the following clause is applicable to this solicitation as referenced in Clauses Section – 52.243 5.

452.237 74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Owner (or signature authority for contract modifications, Contractor Representative, Foreman/Women and Inspector.

(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.1 Safety Plan When required by FAR 52.236 13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H.2 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101 647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.3 Fire Prevention and Control Plan included as an attachment in Section J.

PART II CONTRACT CLAUSES

SECTION I Contract Clauses

52.202 1 Definitions (NOV 2013)

52.203 3 Gratuities (APR 1984)

52.203 5 Covenant Against Contingent Fees (MAY 2014)

52.203 6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203 7 Anti Kickback Procedures (MAY 2014)

52.203 8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

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

52.203 11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

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 Recycled Paper (MAY 2011)

52.204 9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204 10 Reporting Executive Compensation and First Tier Subcontract Awards (OCT 2015)

52.204 13 System for Award Management Maintenance (JUL 2013)

52.204 16 Commercial and Government Entity Code Reporting (Jul 2016

52.204 17 Ownership or Control of Offeror (Jul 2016)

52.204 18 Commercial and Government Entity Code Maintenance (Jul 2016)

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

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. (JUL 2013)

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)

52.219 6 Notice of Total Small Business Set Aside. (NOV 2011)

52.219 8 Utilization of Small Business Concerns (OCT 2018)

52.219 14 Limitations on Subcontracting (JAN 2017)(Deviation 2019 O0003)

52.219 28 Post Award Small Business Program Rerepresentation. (JUL 2013)

52.222 3 Convict Labor. (JUN 2003)

52.222 4 Contract Work Hours and Safety Standards Overtime Compensation. (MAY 2014)

52.222 6 Construction Wage Rate Requirements. (MAY 2014)

52.222 7 Withholding of Funds. (MAY 2014)

52.222 8 Payrolls and Basic Records. (MAY 2014)

52.222 9 Apprentices and Trainees. (JUL 2005)

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

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

52.222 12 Contract Termination Debarment. (MAY 2014)

52.222 13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222 14 Disputes Concerning Labor Standards. (FEB 1988)

52.222 15 Certification of Eligibility. (MAY 2014)

52.222 21 Prohibition of Segregated Facilities. (APR 2015)

52.222 26 Equal Opportunity (APR 2015)

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. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals withdisabilities.

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

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

52.222 37 Employment Reports on Veterans (FEB 2016)

52.222 40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010)

52.222 50 Combating Trafficking in Persons. (MAR 2015)

52.222 54 Employment Eligibility Verification (OCT 2015)

52.222 55 MinimumWages Under Executive Order 13658. (DEC 2014)

52.223 2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223 5 Pollution Prevention and Right to Know Information. (MAY 2011)

52.223 6 Drug Free Workplace. (MAY 2001)

52.223 15 Energy Efficiency in Energy Consuming Products (DEC 2007)

52.223 17 Affirmative Procurement of EPA designated Items in Service and Construction Contracts. (May 2008)

52.223 18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225 9 Buy American–Construction Materials (May 2014)

a) Definitions. As used in this clause

“Commercially available off the shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty free entry certificate is issued); or

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Governmentas follows: [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

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

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

52.225 13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.228 1 Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

THRESHOLDS REQUIRED BONDING REQUIRED BONDING

Individual Project amounts less than $35,000.00 No bid guarantee is required.

No bonding is required.

Individual Project amounts between $35,000.00 and $150,000.00 Refer to FAR 52.228 13

No bid guarantee is required.

Alternate Payment Protection is required:

100% Payment Bond or 100% Deposit [authorized check/MO]

Individual Project amounts greater than $150,000.00 Refer to FAR 52.228 1 Refer to FAR 52.228 15

20% bid guarantee is required.

100% Payment Bond is required.

AND

100% Performance Bond is required.

(End of clause)

52.228 2 Additional Bond Security. (OCT 1995)

52.228 5 Insurance—Work on a Government Installation (JAN 1997)

52.228 11 Pledges of Assets. (JAN 2012)

52.228 12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228 13 Alternative Payment Protections (July 2000)

52.228 15 Performance and Payment Bonds Construction (Oct 2010)

52.228 14

52.228 15

52.229 3

Irrevocable Letter of Credit (Nov 2014) Performance and Payment Bonds Construction (Oct 2010) Federal, State, and Local Taxes (FEB 2013)

52.232 5 Payments under Fixed Price Construction Contracts (May 2014)

52.232 17 Interest (MAY 2014)

52.232 18 Availability of Funds (APR 1984)

52.232 23 Assignment of Claims. (MAY 2014)

52.232 27 Prompt Payment for Construction Contracts (May 2014)

52.232 33 Payment by Electronic Funds Transfer System for Award Management. (JUL 2013)

52.232 39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232.40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233 1 Disputes (May 2014)

52.233 3 Protest after Award. (AUG 1996)

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

52.236 1 Performance of Work by the Contractor. (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty five (25) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236 2 Differing Site Conditions. (APR 1984)

52.232 39 Unenforceability of Unauthorized Obligations (JUN 2013)

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 (APR 1984)

52.236 14 Availability and Use of Utility Services (APR 1984)

52.236 15 Schedules for Construction Contracts (APR 1984)

52.236 17 Layout of Work. (APR 1984)

52.236 21 Specifications and Drawings for Construction (FEB 1997)

52.236 26 Preconstruction Conference (FEB 1995)

52.242 13 Bankruptcy. (JUL 1995)

52.243 5 Changes and Changed Conditions. (APR 1984)

52.244 6 Subcontracts for Commercial Items (JUN 2016)

52.246 21 Warranty of Construction. (MAR 1994)

52.249 1 Termination for Convenience of the Government (Fixed Price) (Short Form). (APR 1984)

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

52.252 2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far or www.usda.gov/procurement/policy/agar.html

52.253 1 Computer Generated Forms. (JAN 1991)

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

452.228 71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228 5, Insurance Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

452.232 70 Reimbursement for Bond Premiums Fixed Price Construction Contracts. (NOV 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232 5, Payments Under Fixed Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

452.236 71 Prohibition Against the Use of Lead Based Paint. (NOV 1996) Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more then 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

452.236 72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

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

452.236 73 Archaeological or Historic Sites. (FEB 1988)

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

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

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

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the ContractingOfficer.

452.236 76 Samples and Certificates. (FEB 1988)

452.236 77 Emergency Response. (NOV 1996)

452.209 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS Alternate 1 (Feb 2012).

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No.

112 74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of

Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

SECTION J LIST OF ATTACHMENTS

Attachment Number

Attachment Title Number of Pages

01 Supplemental Specifications 21

02 Fire Plan 9

03 Schedule of Items 1

04 Statement Of Work 4

05 Drawings & Work Item List 11

06 Davis Bacon Act WD #CA20200021 05152020 20

07 RFI Form 1

SECTION K Representations, Certifications, and Other Statements of Offerors

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

52.204 8 Annual Representations and Certifications (MAR 2020) Complete & Return if (d) does not apply

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310 Highway, Street, and Bridge Construction

(2) The small business size standard is $36.5 Million.

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

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

(2) If the provision at 52.204 7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the o eror has completed the individual representa ons and cer ca ons in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203 2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm fixed price contract or fixed price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203 11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203 18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements Representation. This provision applies to all solicitations.

(iv) 52.204 3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204 7, System for Award Management.

(v) 52.204 5, Women Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204 26, Covered Telecommunications Equipment or Services Representation. This provision applies to all solicitations.

(vii) 52.209 2, Prohibition on Contracting with Inverted Domestic Corporations Representation.

(viii) 52.209 5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209 11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214 14, Place of Performance Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215 6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219 1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple award contract with more than one NAICS code assigned.

(xiii) 52.219 2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222 22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at

52.222 26, Equal Opportunity.

(xv) 52.222 25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222 26, Equal Opportunity.

(xvi) 52.222 38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the…