A-10 127EAW21B0001.pdf

SOLICITATION FORMS

BIDDERS COPY

CONSTRUCTION

Issuing Office: Project Name and Location:

USDA-FS CSA Southwest #6 333 Broadway Blvd, SE Albuquerque NM 87102-3498

Trinity Center Boat Ramp, Phase II Shasta Trinity National Forest

Solicitation Number: 127EAW21B0001 Issue Date: October 15, 2020 Due Date/Time: November 16, 2020 / 2:00 pm PT

IMPORTANT INFORMATION

1. This is an Invitation for Bid (IFB). Public bid opening will occure via conference call.

See page 5, SUBMISSION OF BID for dial-in information.

2. All questions shall be submittted in writing. See page 5, Inquiries

3. Electronic transmission (email) is the only authorized method for submitting a bid for this solicitation. See page 5, Instructions for Preparation/Submission of Bids for submission information.

4. This project requires a Bid Guarantee (52.228-1, pg 11) to be submitted with bid (scanned copy). See Instructions for Preparation/Submission of Bids continued on page 6. Bonding will be required after award as well (52.228-15, pg 25)

5. Site visit information is can be found on page 12.

127EAW21B0001

00 01 10 Table of Contents

CSI DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 – List of Attachments / Drawings 00 10 00 – Solicitation 00 21 00 – Instructions 00 24 00 – Procurement Scope 00 45 00 – Representations and Certifications 00 72 00 – General Conditions 00 73 00 – Supplementary Conditions

FP-03 DIVISION 100 – GENERAL REQUIREMENTS

101 – Terms, Format and Definitions 102 – Bid, Award and Execution of Contract 103 – Scope of Work 104 – Control of Work 105 – Control of Material 106 – Acceptance of Work 107 – Legal Relations and Responsibility to the Public 108 – Prosecution and Progress 109 – Measurement and Payment

FP-03 DIVISION 150 – PROJECT REQUIREMENTS

151 – Mobilization 155 – Schedules for Construction Contracts

FP-03 DIVISION 300 – AGGREGATE AND BASE COURSES

301 – Untreated Aggregate Courses 302 – Minor Crushed Aggregate

FP-03 DIVISION 500 – RIGID PAVEMENTS

552 – Structural Concrete

FP-03 DIVISION 600 – INCEDENTAL CONSTRUSTION

628 – Cofferdams and Dewatering

CSI DIVISION 01 – GENERAL REQUIREMENTS

01061 – Regulatory Requirements 01300 – Submittals

CSI DIVISION 02 – EXISTING CONDITIONS

02220 – Structural Excavation and Backfill

CSI DIVISION 03 – CONCRETE

03100 – Concrete Formwork 03200 – Reinforcing Steel 03300 - Concrete

CSI DIVISION 05 – METALS

05501 – Metal Fabricated Rail System

CSI DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

06100 – Carpentry

SECTION 00 01 15 List of Attachments / Drawings Attachment Number Title Date Number of Pages

1 Supplemental Specifications 54 2 Project Plans 7 3 Fire Plan 9 4 Wage Determination CA20200007 10/09/2020 52

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

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)

1017596

USDA-FS CSA SOUTHWEST 6

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAW 8. ADDRESS OFFER TO

Bids must be submitted electronically to richard.skinner@usda.gov. See Instructions for Preparation/Submission of Bids on Page 5

TRACY MARINO 530-252-6410

x

10/15/2020

127EAW21B0001

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

Trinity Center Boat Ramp, Phase II

Shasta Trinity National Forest

Federal Acquisition (FAR)

Agriculture Acquisition Regulation (AGAR)

FP-03

Supplemental Specifications

Project Plans

Fire Plan

General Wage Decision

NAICS: 237310

Size Standard: $39.5M

Set Aside: 100% Total Small Business

Magnitude of construction: between $250,000.00 and $500,000.00

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

11/16/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA SOUTHWEST 6

2550 RIVERSIDE DRIVE

SUSANVILLE CA 96130-4774

7EAW

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAW21B0001

0001 Trinity Center Boat Ramp, Phase II, Trinity Lake

NRA

See Schedule of Items

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION 00 10 00 - Solicitation

SCHEDULE OF ITEMS

BASE BID ITEMS

ITEM

NO. DESCRIPTION EST

QTY UNIT UNIT PRICE TOTAL

AMOUNT

15101 Mobilization 1 LS $______________ $______________

15713 Soil Erosion & Pollution Control 1 LS $______________ $______________

15201 Construction Staking for Ramp 1 LS $______________ $______________

25110 Keyed Riprap, Class V, (includes Geotextile Separator, type 1, non-woven). 1 LS $______________ $______________

30125 Aggregate Base, grading "D", Compaction "D" (Compaction testing and excavation is incidental to pay item). 1 LS $______________ $______________

55217

Structural Concrete, Type II cement, 6 sack mix, 28-day strength of 4000 psi, 3-4" slump, 5% entrained air, maximum aggregate size of ¾" for boat ramp with sidewalk.

(Includes Reinforcing Steel)

1 LS $______________ $______________

0550101 Metal Fabricated Single Rail System installation (Gov't Furnished Property) 100 LF $______________ $______________

TOTAL BASE AMOUNT $______________

OPTIONAL BID ITEMS

18101a Cofferdam for dewatering (three-foot max.) OR 1 LS $______________ $______________

18101b Cofferdam for dewatering (six-foot max.) 1 LS $______________ $______________

NOTE 1 Regarding Bond Premiums: 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 15101 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

opening

SECTION 00 21 13 - Instructions to Bidders

Bid guarantee is required (see FAR 52.228-1, Page 11)

Site visit (see FAR 52.236-27, Page 12)

Bid incorporates all amendments and Q&A's (if any) that have been posted to beta.sam.gov. Submit Bids by the date and time stated in Block 13a or as amended.

Bidders are cautioned to carefully review the Standard and Supplemental Project Specifications prior to submission of bid. All specifications in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 (customary units) are binding on the parties.

SUBMISSION OF BID: Due to the COVID-19 Global Pandemic, the Government is taking precautions to ensure the safety and health of all Contractors and Government employees. Therefore, "in person" public bid opening will not occur. A public bid opening will be held via conference line. To take part in this public dial Conference Line # 888-844-9904. When prompted, enter Access Code: 5047972#

Inquiries

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing, not later than 5 calendar before the closing date, to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Requests for explanation or interpretation of the solicitation, drawings, specifications, etc. must be submitted by email to Tracy Marino at tracy.marino@usda.gov and Richard Skinner at richard.skinner@usda.gov. No telephone questions will be accepted.

Instructions for the Preparation/Submission of Bids

(a) Solicitation will be publicized as a Contract Opportunity on the website (https://beta.sam.gov/). Any additional attachments, will be separate attachments or links embedded in the solicitation.

(b) Bids must be submitted electronically. When submitting your bid electronically, the bid and any supplemental information (such as spreadsheets, backup data, technical information, bid bond), can be submitted using any of the following electronic formats:

(1) Files in Adobe Portable Document Format (pdf);

(2) Microsoft Office Products; Word, Excel, or PowerPoint;

(3) Files in Hypertext Markup Language (HTML) must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic bid/offer and be accessible offline.

(c) Transmission shall be by email, to Richard Skinner at richard.skinner@usda.gov.

(1) The subject line of the email shall include the solicitation number as a minimum and may also include the company name and closing date (i.e. 127EAW21B0001-Company Name-November 16, 2020)

(2) Maximum size of each e-mail shall be no more than 5 megabytes. Please reduce your file size as much as possible. You may use multiple e-mail messages for each submission, however, this is not preferred and you must annotate the subject lines as described above for each message, and number them in this manner: (i.e. 1 of 3, 2 of 3, 3 of 3, etc.)

127EAW21B0001

mailto:tracy.marino@usda.gov mailto:tracy.marino@usda.gov mailto:tracy.marino@usda.gov

(d) Timely receipt of bids:

(1) Your attention is called to the solicitation closing date and time on the solicitation is local standard time.

Lateness rules for electronic submissions for bids are outlined in FAR 52.214-7, "Late Submissions, Modifications, and Withdrawal of Bids".

(2) NOTE: There is no "expected" or "target" length of time for bid submission; size and content may be factors, therefore bidders are strongly cautioned to submit their bids allowing adequate time for submission.

(e) Electronic bids must include, as a minimum:

(1) A signed SF 1442 and a copy of the Bid Schedule, this would include Section 00 10 00.

(2) All applicable fill-in provisions. For solicitations issued on an SF 1442, this would include Sections 00 45 00.

(3) Bid guarantee (scanned copy). Please ensure the scanned document shows enough detail to verify it's initial validity at time of bid opening (i.e. any seals, signatures). Apparent low bidder will be required to provide an original copy.

(4) Any other information required by the solicitation.

(f) See FAR 14.406 for a description of the steps the Government shall take with regard to unreadable electronic bids received via the media described in paragraphs (c) above.

System for Award Management (SAM) and Annual Representations and Certifications

To be considered for award all bidders must be successfully registered in the SAM database (https://sam.gov) AT THE TIME A BID IS SUBMITTED. See FAR Clause 52.204-7, System for Award Management, as applicable for requirement information.

Contractors shall have representations and certifications completed in https://sam.gov OR provide FAR clause 52.204-8, Annual Representations and Certifications, with paragraph (c) completed. If completing the aforementioned clause, provide with submitted bid.

Basis for Award

(a) The contracting officer shall make a contract award (1) by written or electronic notice; (2) within the time for acceptance specified in the bid or an extension; and (3) to that responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation.

(b) To be determined responsive in accordance with sealed bidding procedures at FAR 14.301 a responsive bid must comply in all material respects with the invitation for bid. Examples of solicitation requirement that could determine responsiveness include:

- sufficient bid guarantee;

- acknowledgement of amendments (if any);

- completed representations and certifications;

- determination of timely bid/amendments to bid; or

- not furnishing unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. Should any mathematical check made by the Government show a mistake in the extended amount bid, the corrected unit price extension shall govern. If a bidder omits both the unit price and the extended total or estimated amount for any item, its bid shall be declared non-responsive and therefore ineligible for award. Pricing must be submitted for all items.

http://www.sam.gov/

- If a bidder uses its own bid form or a letter to submit a bid, the bid may be considered only if 1) a statement of agreement to all the terms, conditions, and provisions of the solicitation; and 2) award on the bid would result in a binding contract with terms and conditions that do not vary from the terms and conditions of the invitation.

(c) To be determined responsible, a prospective contractor must --

(1) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

(4) Have a satisfactory record of integrity and business ethics;

(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them;

and

(7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(d) Award will be made as a whole to one bidder.

Bid Submission Checklist

All information required by the terms of the solicitation must be furnished. Important items for you to check are included in but not limited to, those listed below, so ensure you read the solicitation carefully. This checklist is furnished only to assist you in submitting a proper quote and need not be returned. Check as you read.

Have you acknowledged all amendments? Acknowledge all amendments on the reverse side of the SF 1422 (Solicitation, Offer and Award), Block 19

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the solicitation package?

Is your quote properly signed?

If a bid guarantee is required, is it included with your quote? (A late bid guarantee is treated the same as a late quote)

Is your bid guarantee in the proper amount? See FAR 52.228-1

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed? Does the scanned copy show enough detail to verify its initial validity?

Is the name in which you submitted the bid the same on your bid as on your bid bond?

Have you entered a unit price for each bid item and does that unit price contain two decimal places?

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total amount price correct?

Are all erasures or corrections initialed by the person signing the bid?

I have not restricted my bid by altering the provisions of the solicitation?

Have you provided a response to the Evaluation Criteria?

Are your Price and Technical two separate documents?

Will your quote arrive on time?

52.204-7 System for Award Management. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.214-3 Amendments to Invitations for Bids. (DEC 2016)

52.214-4 False Statements in Bids. (APR 1984)

52.214-5 Submission of Bids. (DEC 2016)

52.214-6 Explanation to Prospective Bidders. (APR 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999)

52.214-18 Preparation of Bids - Construction. (APR 1984)

52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

52.217-5 Evaluation of Options. (JUL 1990)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

6.6%

Goals for female participation for each trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is CA Del Norte; CA Humboldt; CA Trinity Counties.

(End of provision)

52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225- 9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 Bid Guarantee. (SEP 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 $3,000,000.00, 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.

(End of provision)

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USDA-FS, CSA Southwest 6 Attn: Contracting Officer 2550 Riverside Drive Susanville, CA 96130.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigation and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Todd Moxness

Address: You may contact Todd Moxness to determine if the site is accessible. There will be no government arranged site visits.

Telephone: 530-941-3185 ....... Email: todd.moxness@usda.gov

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far (Federal Acquisition Regulation) https://www.dm.usda.gov/procurement/policy/agar.htm (Agriculture Acquisition Regulation)

(End of provision)

SECTION 00 24 00 - Procurement Scope

1. Scope

Trinity Center Boat Launching Facility The scope of this contract is to widen the last 100 feet of ramp from 15 ft.to 30 ft. and resurface/Overlay the last 100 feet of Trinity Center Boat Ramp at Trinity Lake. Stations 5+20 to 6+20. This includes a 6-inch-thick, 8 ft. wide concrete boarding float sidewalk which integrates 100 feet of steel fabricated rail system into it. (Govt. provided property). Other work includes removing the temporary transition ramp at the end of new concrete ramp and installing Class V keyed riprap with Geotextile separator on each side of the boat ramp and at the end.

Option Item: There is an option item for the installation of a cofferdam for dewatering with line items for two different sizes, 3ft. high and 6ft. high.

Fluctuating water levels are to be expected. The Bureau of Reclamation predicts the lowest lake levels usually occur in December. Construction within the window of opportunity for weather and lake levels is critical and the contractor shall schedule work to attain progress corresponding with declining lake levels. A wet weather pattern typically begins in the area after October 15 and may affect progress. The contractor will be responsible to maintain access to the project throughout construction, which may include snowplowing if necessary.

The project is to be constructed according to the plans and specifications. Quality control, sampling, testing, and compliance are the responsibility of the Contractor. Verification and review of any sampling and testing results shall be performed by a professional selected by the Government or Government's representatives.

Boat Ramp: Overlay existing ramp with 6" concrete and widen lower part of ramp from 15' to 30' wide. Construct new 8' sidewalk with 100' metal rail system, (Govt. provided property).

Place keyed riprap protection with geotextile separator, 5 ft. wide and 2 ft. deep on both sides of ramp and at the end of ramp. The boat ramp base bid is from station 5+20 to 6+20. The boat ramp option items also include a cofferdam for dewatering with line item options for different sizes.

2. Location of Project

From Weaverville, take Highway 3 North for approximately 30 miles to Trinity Center. Turn right and follow signs to boat ramp.

3. Contract Requirement

Prior to beginning work, Contractor shall submit an Erosion Control Plan, Safety Plan, Schedule of Operations and Sign Plan (Traffic Control) for Closure.

4. Project Access

Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work. The boat ramp may be closed to traffic during construction. The Forest Service shall be given fourteen days prior notice of construction for public notification.

5. Sampling and Testing

The contractor will be required to complete all sampling and testing in accordance with the specifications. Sampling and testing do not have a separate pay item. Any cost associated with sampling and testing should be included in the associated bid items.

6. Contractor's Responsibilities

No placement or v-grooving of concrete for boat launching ramp on the Project shall be allowed until the construction contractor demonstrates proficiency in creating a satisfactory v-grooved surface by preparing a concrete test panel measuring no less than 6 feet by 4 feet. A DBW representative must accept the test panel before the construction contractor shall be allowed to place or v-groove concrete for boat launching ramp. Precast boat launching ramp panels are exempt from the test panel requirement, but must also be approved by a DBW representative prior to placement or installation. Test panels must be adjacent to, but not part of, any ramp work to be completed and must remain accessible until all ramp work is completed and accepted by DBW. Contractor may incorporate test panel into other concrete work (i.e. trash enclosure, etc.)

Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by this contract or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status and denial of family care leave, and that such provisions shall include, but not be limited to employment, upgrading, promotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Contractor and its subcontractors shall comply with all air pollution and environmental control rules, regulation, ordinances and statues which apply to the Project and any work performed pursuant to this contract.

7. Project Specifications

All Project Specifications for this project are from the Federal Highway Administration's FP-03

STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS and DEPARTMENT OF BOATING AND WATERWAYS' LAYOUT, DESIGN AND CONSTRUCTION HANDBOOK FOR SMALL CRAFT BOAT LAUNCHING FACILITIES are part of this solicitation and any resultant contract. The website for the specifications is:

www.wfl.fha.dot.gov/design/specs/fp03.htm https://dbw.parks.ca.gov/pages/28702/files/lramps.pdf

8. Special Project Specifications

The special project specifications applicable to this solicitation are included as a separate attachment. See Table of Contents at front of special project specifications for list of included special project specifications.

SECTION 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications. (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

(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 offeror has completed the individual representations and certifications 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 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, Certification Regarding 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 simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ] (vii) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM)…