A-10 12970224R0033-fm.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1122483

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

USDA Forest Service

Specialized Project Operations Center - SW ATTN: Freida McClain, Contract Specialist freida.mcclain@usda.gov

FREIDA MCCLAIN 608-496-1164

IIJA

x 05/24/2024

12970224R0033

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

Solicitation: 129270224R0033

Project Title: Bridge Replacement for Trabuco Canyon Crossing AOP #4

Forest: Cleveland National Forest

Project Description: The USDA Forest Service Region 5 Cleveland National Forest has a requirement for Bridge Replacement for Trabuco Canyon Crossing AOP # 4.

Project Location: This project is located in Cleveland National Forest in Orange

County CA. Details available in Section C.3.

Pre-Bid/Site Visit: Reference L.1.2

Wage Determination: The Wage Determination for this project is CA20240024, Revised

3/08/2024, for Building, Heavy, Highway.

Forest Service Contacts:

Contract Specialist: Freida McClain, freida.mcclain@usda.gov

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

06/28/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

KLENISE S. WALLACE

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 123

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12970224R0033

Contracting Officer Representative (COR): Trien

Le, trien.le@usda.gov

Contracting Officer: (CO) Klenise Wallace, klenise.wallace@usda.gov

Delivery: 180 Days After Notice to Proceed

Delivery Location Code: 91U4

CLEVELAND NATIONAL FOREST

10845 RANCHO BERNADO RD STE 200

SAN DIEGO CA 92127 US

Mark For:

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

0001 Bridge Replacement for Trabuco Canyon Crossing

AOP #4

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12970224R0033 Project Name Bridge Replacement Trabuco Canyon Crossing AOP #4 Cleveland National Forest Page 4 of 66

Continuation of SF 1442

Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/browse/index/far.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program and biobased products, refer to the links under Section C.6.

Important Solicitation 12970224R0033 Information:

PSC: Y1LB, Construction of Highways, Roads, Streets, Bridges and Railways NAICS: 237310 - Highway, Street, and Bridge Construction

Issue Date: 24 May 2024 Last Date for Questions: 17 June 2024 by 1300 ET.

Proposal Due Date: June 28, 2024, NLT 1300 ET.

Pre-Bid / Site Visit: There will be no formal pre-bid meeting for this solicitation. Interested offerors are highly encouraged to visit the project site at their leisure. All questions must be submitted in writing to freida.mcclain@usda.gov AND Trien.le@usda.gov to avoid response delays.

To be responsive, return all items identified in Section L.1 to freida.mcclain@usda.gov. Offeror is responsible for verifying receipt.

Evaluations and award may be conducted without discussion. Results will be provided on SAM.gov.

https://www.acquisition.gov/browse/index/far mailto:freida.mcclain@usda.gov mailto:Trien.le@usda.gov mailto:freida.mcclain@usda.gov

Cleveland National Forest Page 5 of 66

Table of Contents For more information on biobased program and biobased products, refer to the links under Section C.6

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

1. Offeror must fill in the Unit price only. Spreadsheet is formatted to auto populate price.

2. The Successful awardee that receives this order shall provide a digitally signed payment bond and performance bond within 15 calendar days of award against the IDIQ contract

3. Responses

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1: Project Description

a. Description of Work

b. Demolition Work

c. New Construction

d. Optional Items

The Contractor shall refer to the Schedule of Items, Project Area Map, and referenced Specifications when making estimates for quantities of work C-2: Project Location C-3: Start Date C-4: Contract Time C-5: Site Information and Limitations

C-6: PRE-BID CONFERENCE OR TOURS

C-7: EQUIPMENT CLEANING & NOXIOUS WEED-FREE CERTIFICATION

C-10: BARRICADES, WARNING SIGNS, AND OTHER DEVICES

C-11: Standard Specifications

a. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects – FP-14 U.S. Customary Units

b. Supplemental Specifications

SECTION D--PACKAGING AND MARKING

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D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

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This Page Intentionally Left Blank

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

**FOR SOLICITATION PURPOSES, CONTRACTOR SHALL COMPLETE THE

SCHEDULE OF ITEMS IN SECTION J, ATTACHMENTS. **

B.2 SCHEDULE NOTES

1. Offeror must fill in the Unit price only. Spreadsheet is formatted to auto populate price.

2. The Successful awardee that receives this order shall provide a digitally signed payment bond and performance bond within 15 calendar days of award against the IDIQ contract.

3. Responses

4. Responses for quantities less than those listed in the numbered items may be rejected.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1: PROJECT DESCRIPTION

C-1.1 Scope of Work

The USDA Forst Service, Cleveland National Forest (NF) will award a Firm Fixed Price Contract for the construction / reconstruction of the Trabuco Canyon Bridge located on Trabuco Creek Road FSR-6S13 approximately 4.4 miles from the Trabuco Creek and Trabuco Canyon roads intersection in the in the Trabuco Ranger District in CA.

C-1.2 Description of Work Work includes, but is not limited to, mobilization, clearing and grubbing, erosion control, traffic control, structure excavation, disposal of existing concrete ford structure, installation of concrete abutments and foundations, backfill, design and installation of superstructure and bearings, installation of stream bed material, embankment construction, installation of bridge and approach railing, signage, placement of surface aggregates and asphalt pavement, and turf establishment and site restoration.

a. Demolition Work Demolition work includes, but is not limited to clearing and grubbing, structure excavation and disposal of existing ford structure.

b. New Construction New construction includes, but is not limited to, installation of concrete abutments and foundations, backfill, design and installation of superstructure and bearings, installation of stream bed material, embankment construction, installation of bridge and approach railing, signage, placement of surface aggregates and asphalt pavement, and turf establishment and site restoration.

c. Optional Items None.

d. The Contractor shall refer to the Schedule of Items, Project Area Map, and referenced Specifications when making estimates for quantities of work.

C-2: TECHNICAL SPECIFICATIONS

C-3: Project Location The Trabuco AOP #4 project site is located within the Cleveland NF Trabuco Ranger District on Trabuco Creek Road FSR-6S13 at approximately 4.4 miles from the intersection of Trabuco Creek and Trabuco Canyon roads.

33.6752221312, -117.518849878 (Trabuco #4)

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Forest maps are available from the Trabuco Ranger District Office located at 1147 East Sixth Street. Corona CA 92879 or online at Cleveland National Forest - Home (usda.gov).

C-4: CONTRACT TIME

Construction season is considered year-round. The contract duration shall be 180 calendar days from the notice to proceed (NTP) effective date. Contract duration includes delays for weather, locating and transporting supplies and materials, and final site cleanup. Work shall begin within 10 Days after issuance of NTP.

C-4.1 Typical Work Hours, Weekends and Holiday Hours Work hours are between 7:00 am to 5:00 pm Monday through Friday except Federal Holidays and the weeks of Thanksgiving and Christmas. Weekend equipment work is not allowed at any time during the Work.

C-5: MAGNITUDE OF CONSTRUCTION PROJECT

Between $1,000,000 and $5,000,000.

C-5.1 Bonding Requirements A bid, performance and payment bonds are required for this project. Reference Section I for the applicable FAR Clauses identifying the amounts and percentages applicable for these bonds.

C-6: PRE-BID CONFERENCE OR TOURS

The pre-bid conference will be scheduled by the Contracting Officer and held at the project site. The Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C-7: BIO-BASED / SUSTAINABLE PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential https://www.fs.usda.gov/cleveland https://www.fs.usda.gov/cleveland

Cleveland National Forest Page 11 of 66

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.

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

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than October 31 of each year during contract performance and at the end of contract performance (as applicable). Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

C-10: GOVERNMENT FURNISHED PROPERTY

Except for the materials specifically stated within the awarded contract, the contractor shall be expected to provide all the tools, equipment and materials necessary to carry out this work in accordance C.1, C.2 and any associated attachments.

C-11: SUBMITTALS

Submittal Type Due Date/Timeframe Key Personnel * Draft is due in response to solicitation

* Final is due at the pre-work meeting Material Safety Data Sheets

(MSDS)

Final is due at pre-work meeting.

Progress Schedule * Draft is due in response to solicitation

* Final is due after pre-work meeting, before NTP will be issued.

Payment Bond or alternative payment protection.

Within 10 calendar days of receipt of award.

C-12: DELIVERABLES

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

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Deliverable Type Due Date/Timeframe Bridge completion 180 days after NTP

END OF SECTION C

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SECTION D--PACKAGING AND MARKING

D-1: PACKING AND MARKING

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

D-2: PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

END OF SECTION D

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SECTION E--INSPECTION AND ACCEPTANCE

E-1: GENERAL

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

E-2: FINAL INSPECTION

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

E-3: CLAUSES

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

END OF SECTION E

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 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 365 days. The time stated for completion shall include final cleanup of the premises.

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)

END OF SECTION F

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SECTION G--CONTRACT ADMINISTRATION DATA

G-1: GOVERNMENT REPRESENTATIVES

Freida McClain shall serve as the Contract Specialist administering this contract and is the contact on all things concerning this contract. The Contract Specialist can be reached at freida.mcclain@usda.gov or 608-496-1164

A Contracting Officer Representative (COR) will be Le Trien, reachable at trien.le@usda.gov or 858-674-2960. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

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

G-2: INVOICING REQUIREMENTS

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

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

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

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

G-2.1 Itemized invoice shall include at a minimum:

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

Date of services or completion.

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

Contractor and all subcontractors, through the contractor, shall furnish all certified mailto:freida.mcclain@usda.gov https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Cleveland National Forest Page 17 of 66 payrolls covering payments to laborers and mechanics for on-site work.

G-2.3 Final Payment Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice and if required by the contract, a release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

G-3: BONDING

The bid bond is due as part of the contractor’s proposal response to the solicitation.

The contractor awarded this contract must provide the finalized performance and payment bonds within 10 calendar days of receipt of award.

G-4: LABOR INTERVIEWS

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

G-5: CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance.

CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 60 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

G-6: DEFINITIONS AND CONTRACT ADMINISTRATION DATA

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

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

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

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

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

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

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

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

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

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

Cleveland National Forest Page 19 of 66 otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G-7: CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held over TEAMS or via telephone call.

END OF SECTION G

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1: KEY PERSONNEL

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

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

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

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

H-2: WAGE DETERMINATION

The wage determination applicable to this work is CA202400024, Revision 7, Dated 03/8/2024.

H-3: PERSONAL PROTECTIVE EQUIPMENT

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

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

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

Cleveland National Forest Page 21 of 66 length of the thigh and shall extend to the top of the boot on each leg.

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

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

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

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

H-4: SAFETY

Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a Project Safety Plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate South Carolina OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

H-4.1 Fire Prevention and Control The Contractor is responsible for controlling the work environment to prevent fires to the maximum extent practicable. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

H-4.1.1 Fire Reporting.

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

H-4.1.2 Open Fires.

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

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

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

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

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

H-4.1.3 Smoking.

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

H-4.2 OSHA Standards The Contractor is subject to all applicable State and Federal OSHA rules and regulations.

At time of award the contractor shall submit to the COR the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. MSDS sheets shall be supplied to the COR prior to using the items. The contractor shall not use any materials in which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to. This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

H-5 SECURITY

Contractor is responsible for the Contractor’s equipment and materials owned or supplied to the site. Lost, damaged, or stolen equipment or materials shall be replaced at the contractor’s expense. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day.

The contractor shall be responsible for signing, limiting public access, and safety of the public and/or government employees at the site. All refuse shall be properly stored or removed from the site at the end of each day.

H-6: CAMPING

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Contractor may use a self-contained travel trailer or recreational vehicle to camp on National Forest System lands near the project site subject to the approval of the Contracting Officer Representative. All waste material must be transported off-site to a station equipped to handle such waste.

H-7: OTHER INFORMATION

Weather. Low temperatures at the project sites range from less than 40 ºF from December and January to lows around 65 ºF in July and August. High temperatures range from 45 ºF in December and January to high 90 ºF in July and August. The annual precipitation at the project sites varies from less than 12 inches per year including snow fall. While rare, winter snowstorms and freezing temperatures may occur during the winter months could result in a project shutdown at higher elevations. Icy conditions on local roads may occur during the winter. Roads in shaded areas maybe covered with ice or frost.

Toilets. No toilet or shower facilities are available on site. Contractor shall provide portable toilet facilities for its employees.

Water. No water drafting for construction use. Contractor is responsible for water.

Dewatering pump shall have properly designed screen intake box to prevent small aquatic organism from being pulled into the pump. Use appropriate procedures to prevent sediment and other debris from entering the creek.

Traffic Control. Contractor shall submit a Traffic Control and Signage Plan for review and approval, 10 days prior to the start of operations. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD).

Traffic control signs shall be placed in areas with adequate turnaround space for a public truck pulling a fifth wheel trailer. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items. The existing road shall be closed to all public traffic throughout the full duration of work onsite.

Burning Permits. No burning allowed. Limited amount of small tree branches and chips may be scattered at areas as directed and approved in advance by the Contracting Officer.

Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site, to remove weeds, seeds, mud, grease and oil buildup from all equipment surfaces. Contractor shall schedule an equipment inspection with the COR 36 hours prior to mobilization. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

Animals. Dogs and pets are not allowed on the project site at any time.

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H-8: CLAUSES

452.228-71 Insurance Coverage (NOV 1996) (Alternate I) 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. (1) The Contractor shall have bodily injury liability 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 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

END OF SECTION H.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

Federal Acquisition Regulation (FAR) Clauses:

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

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

52.202-1 Definitions (JUN 2020) 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 (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

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

Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(JUN 2000)

52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018)

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

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

Alternate I (NOV 1991) 52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

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

52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

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

Removal of Improvements) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

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

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

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

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

(v)…