A10. J1. SF1442andTermsB-M_12970223R0010.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)

1092395

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

USDA FOREST SERVICE

ATTN: KLENISE WALLACE

KLENISE.WALLACE@USDA.GOV

SPOC Southwest Branch

KLENISE WALLACE 970-217-6804

GAOA

x 08/09/2023

12970223R0010

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

Solicitation No.: 12970223R0010

Project Title: GAOA - Sierra Vista Scenic Byway Beasore Road Repairs

Project Description: The USDA Forest Service Region 5 Sierra National Forest has a requirement for the repair of 10.52 miles of Beasore Road.

Project Location: This project is located in the Sierra National Forest in Madera

County, CA. Details available in Section C.3.

Pre-Bid/Site Visit: Reference Section L.1.2.

Wage Determination: The Wage Determination for this project is WD CA20220018, Revision 17, Dated 07/28/2023 for Highway.

Forest Service Contacts:

Contracting Officer Representative (COR): Pablo Gonzalez

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

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 69 calendar days and complete it within ________________ ________________ calendar days after receiving

09/08/2023

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...

Company Name:

Address:

UEI SAM No.:

POC Name:

POC Email:

POC Phone:

klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12970223R0010

Delivery: 69 Days After Notice to Proceed

Delivery Location Code: 9A40

SIERRA NATIONAL FOREST

1600 TOLLHOUSE RD

CLOVIS CA 93611-0532 US

0001 GAOA - Sierra Vista Scenic Byway, Beasore Road

Repairs

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 the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 12970223R0010 GAOA - Sierra Vista Scenic Byway Beasore Road Repairs Sierra National Forest Page 4 of 36

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 12970223R0010 Information:

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

Issue Date: 9 August 2023 Last Date for Questions: 30 August 2023 by 1300 PT.

Proposal Due Date: 8 September 2023 NLT 2359 PT.

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 klenise.wallace@usda.gov AND pablo.gonzalez@usda.gov to avoid response delays.

To be responsive, return all items identified in Section L.1 to klenise.wallace@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:klenise.wallace@usda.gov mailto:pablo.gonzalez@usda.gov

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Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

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

RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

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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 the total price.

2. A bid bond is not applicable to this task order requirement. 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 for quantities less than those listed in the numbered items may be rejected.

4. Responses without prices for each item and sub-item may be rejected.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

The USDA Forest Service Region 5 Sierra National Forest has a requirement for the repair of 10.52 miles of Beasore Road.

C.2 SCOPE OF CONTRACT

The Contractor shall furnish all labor, equipment, transportation, permits (as applicable), materials and incidentals necessary for the performance of the tasks specified in this Statement of Work.

The Contractor shall:

Without additional expense to the government, be responsible for obtaining any necessary licenses, permits, which comply with any federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

Restore the drainage functions and recondition the culverts along the road.

Place approximately 30 Tons per mile of base rock to repair shoulders and turn outs.

Repair potholes placing approximately 30 Tons per mile of 3/4" Hot Mix Asphalt; caltrans Type

A, Grading; and PG 64-16 per the specification 814.

Crack filling the asphalt, placing a double chip seal, first chipseal that shall be applied only to the travel way and the second chip seal shall be applied to the travel way and shoulders, followed by painting a double yellow centerline.

Import and place on riprap class I to protect the ditch from erosion before the Upper Chiquito bridge, the approximate dimension of the ditch are 2 feet wide by 2 feet heigh.

C.2.1. Technical Specifications.

C.2.1.1. Referenced Specifications. In addition to those contained herein under Section J of this solicitation, construction of this project shall conform to the specifications in the "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP‐14, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made part of this solicitation and any resultant contract.

C.2.1.2. Specification List. The specification list includes the major specifications applicable to this project. Other specifications referred to within these specifications (even though not specifically listed herein) are also fully applicable to this request for proposals and any resultant contract.

Forest Service Supplemental Specifications (FSSS) Spec. No. Specification Title

101 Terms, format, and definitions 102 Bid, award and execution of contract 103 Scope of work 104 Control work 105 Control of Materials 106 Acceptance of work 107 Legal Relations and Responsibility to the Public 108 Prosecution and Progress 109 Measurement and Payment 155 Schedules for Construction Contracts 301 Untreated Aggregate Courses 407 Chip Seal

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C.2.1.3. Project site cleanup includes the removal and proper disposal of all construction trash, debris, and residue off National Forest Land.

All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

During the Work, the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

C.2.2. Section Clauses.

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

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

C.3 PROJECT LOCATION

This project is located in the Sierra National Forest in Madera County, CA. Reference the project map provided in Section J.

Latitude: 37.415311 Longitude: 119.494983

C.3.1. Driving Directions. From Oakhurst, CA head northeast on Highway 41, travel approximately 3.1 miles and turn right onto Road 222, after 3.5 miles the road becomes the Road 274, travel another 2.4 and turn left on NFSR 5S07 Beasore Road, stay on Beasore road for approximately 11.4 miles until reach the beginning of the project. See Map in Section J.

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

It is anticipated that the range price of this contract will be (FAR 36.204):

Between $1,000,000.00 and $5,000,000.00. Bonding is required for this project.

C.5 CONTRACT TIME

The contract time for this project is 69 calendar days after the Notice to Proceed (NTP) effective date.

This contract performance period includes delays for weather, locating and transporting supplies and materials, mobilization, and final site cleanup. Work must begin within 10 calendar days of the NTP effective date and must be completed on or before 15 December 2023.

Elevations on this road are from 6,500 up to 7,500 feet. Therefore, this could lead to early snowfalls or late snow, affecting accessibility issues and the project period. Contractor is encouraged to visit the project site and discuss any concerns with the project Contracting Officer Representative (COR).

Implementation is expected to begin as soon as possible.

C.6 BIO-BASED / SUSTAINABLE PRODUCTS PROGRAM

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

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Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

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://biopreferred.gov/BioPreferred/faces/pages/FARReporting.xhtml

C.7 DEFINITIONS

Administrative Contracting Officer (ACO) - The ACO has authority 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. The ACO Designation letter outlines functions the ACO cannot perform.

Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the ACO 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: Designation form FS-6300-6 or equivalent outlines functions the COR cannot perform.

Government Technical Monitor(s) (GTM) A Government employee designated in writing, that may be assigned to assist the CO and COR as a technical advisor/inspector to monitor contractor performance and answer basic contract questions. A GTM has no contractual authority. This person exists only to advise or shadow the COR in his/her area of expertise. The Contractor will receive a copy of the designation.

Inspector(s) An Inspector may be assigned to the contract by the CO in writing authorized to inspect the progress and certify completion of work on behalf of the COR. The inspector is the most likely person to coordinate with on matters involving conduct of work within the scope of the contract. If a disagreement or dispute arises, the contracting officer must be notified immediately for resolution of such issues. The Contractor will receive a copy of the inspection designation (form R6-6320-32, or equivalent).

http://sftool.gov/green-products/1/construction-materials https://biopreferred.gov/BioPreferred/faces/pages/FARReporting.xhtml

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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.

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SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

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

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 REQUIREMENTS

Reference C.5 for the applicable period and performance dates for this solicitation/contract.

F.2 CLAUSES

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)

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 15 December 2023. The time stated for completion stated herein and under section C.5 shall include final cleanup of the premises.

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SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GENERAL INFORMATION

G.1.1. Forest Service Representatives. The Contracting Officer (CO) for this contract is Klenise Wallace, reachable at klenise.wallace@usda.gov or phone 970-217-6804. The Contracting Officer has full warrant authority and will be the signatory as well as point of contact for all further communication for administrative matters during the solicitation and post contract award until otherwise stated.

The contract technical point of contact/Contracting Officer Representative (COR) is Pablo Gonzalez, reachable at pablo.gonzalez@usda.gov or at 559-297-0706, Ext. 4961. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.1.2. Invoices. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. Payments will be made from the Contractor’s invoice(s).

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). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.3. Certified Payrolls. Certified payrolls for Construction: certified payrolls must also be uploaded as an attachment. Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

G.1.4. Final Payment. Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice and if required by the contract, a release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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G.2 CONTRACT ADMINISTRATION DATA

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.

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

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). The Government COR Designation will be made upon contract issuance of task order(s) and a copy of the designation letter(s) will be furnished to the Contractor. Limits of authority are described in each designation letter.

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

Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the written authorized representative of the Contracting Officer acting within the limits of his/her/they authority.

G.3 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 calendar days after the date of contract award. The conference will be held at a date/time to be determined post award and coordinated with the Contracting Officer Representative and Contracting Officer.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Contact Representative, Foreman/Forewoman, and Inspector. The personnel listed may fulfill multiple roles in the performance of this work. At minimum, all personnel named as key personnel must be able to read, write and speak English fluently.

(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 applicable Davis Bacon Wage Determination for this project is WD CA20220018, Revision 17, Dated 07/28/2023.

H.3 SPECIAL CONDITIONS AFFECTING THE WORK

H.3.1. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

H.3.2. Weather. Average low temperatures at the project site range from temperatures of less than 30 ºF in the winter months to around 50 ºF in the summer months, while average high temperatures range from 60 ºF in winter to around 100 ºF in the summer. The average precipitation at the project site varies from less than 1 inch per month during the summer months to around 4 inches per month during the winter months. Snowstorms and freezing temperatures can occur in the higher elevations of the Sierra Nevada Mountains at any time and may cause a temporary shutdown of work. Icy conditions on local roads and highways can persist during the fall, winter, and spring. Highway curves in shaded areas will remain covered with ice or frost for weeks.

H.3.3. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend equipment work is not allowed at any time during the Work unless approved in writing by the CO. Dogs and pets are not allowed on the project site at any time.

H.3.4. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety (protection of the lives and health of contractor employees and prevention of property, materials, supplies and equipment damage) of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private to avoid work interruptions. The Contractor shall submit a project safety plan to the CO and COR for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

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The Contractor is responsible for all hazardous conditions arising under this contract. Occupational Safety and Health Administration (OSHA) regulations, as well as this contract, impose the responsibility upon you to ensure that the working conditions are not unsanitary, hazardous, or dangerous to your employees’ health and safety. Forest Service employees will not inspect or accept the work under conditions that are hazards or unsanitary, that has not been mitigated to the extent required by OSHA. Any subcontract entered into pursuant to this contract shall similarly provide a work environment that is sanitary and not hazardous.

H.3.4.1. Accident Reporting. Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.3.4.2. Injury Notification. Injuries to workers will be reported promptly to the COR, CO and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

H.3.5. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site.

H.3.6. Toilets. No toilet or shower facilities are available on site. Contractor shall provide toilet facilities for its employees.

H.3.7. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on National Forest System lands near the project sites subject to the approval of the Contracting Officer. All waste material must be transported off-site to a station equipped to handle such waste.

H.3.8. Security. Contractor is responsible for the Contractor’s equipment and materials supplied to the site. 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. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

H.3.9. Burning Permits. Contractor is subject to all rules and regulations governing the onsite burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

H.3.10. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. 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.

H.3.11. Equipment Cleaning. Unless the entire project area is already infected with noxious weeds, the contractor shall ensure that prior to moving on to another part of the project area all off-road equipment, Sierra National Forest Page 18 of 36 which last operated in areas known by Forest Service to be infected with noxious weeds, is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

Contractor shall certify in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to other project areas. Measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all equipment operating off of paved roadways. A Current list of noxious weeds of concern to Forest Service is available at the Forest Supervisor’s office. Contractor shall clean off-road equipment prior to moving between project areas with known infestations with noxious weeds and other project areas, if any, which are free of such weeds. Project area maps show areas known by Forest Service that contain specific noxious weeds species of concern. Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Contractor shall notify Forest Service at least 24 hours prior to beginning of work in area designated as a noxious weed area, unless otherwise agreed. Notification shall include the location of the equipment’s most recent operations. If the prior location of the off-road equipment cannot be identified, forest service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, Contractor must arrange for forest Service to inspect each piece of off-road equipment prior to it being placed into service. If Contractor desires to clean off-road equipment on national forest land, such as at the end of a project or prior to moving to a new unit that is free from noxious weeds, Contractor and Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any. New infestations of noxious weeds, of concern to Forest Service and identified by either Contractor or Forest Service, within the project area or on the haul route, shall be promptly reported to the other party.

H.4 CLAUSES

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

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of ____*___ 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.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1. CLAUSES

This section lists clauses that pertain to this contract that may or may not be listed in other sections.

Clauses in Bold are available in full text herein.

Clause No. Titles 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 & Requirements to Inform Employees of Whistleblower

Rights (JUN 2020) (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) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (NOV 2021) 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) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2022)(DEVIATION DEC 2022) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 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://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

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52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 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) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-9 Buy American Act-Construction Materials (OCT 2022) 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) 52.228-1 Bid Guarantee (SEP 1996) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023) 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

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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) 52.236-17 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) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JUN 2023) 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) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 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)

FULL TEXT CLAUSES

52.225-9 Buy American Act-Construction Materials (OCT 2022)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or https://www.acquisition.gov/far/part-2#FAR_2_101

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all…