Grand_Mesa_WaterSystemImprovementsSolicitation_Rev-a.pdf

SOLICITATION NO AG-82D7-S-17-0024

GRAND MESA NATIONAL FOREST

VISITOR CENTER WATER SYSTEM IMPROVEMENTS

PART I—THE SCHEDULE

SECTION B—SERVICES AND PRICES

GRAND MESA VISITOR CENTER WATER SYSTEM IMPROVEMENTS

B-1. Schedule of Items

The Government intends to evaluate proposals and award contracts without discussions with offerors.

Base Items

Description Quantity Unit Unit Price

Extended Price

1 General Requirements/ Mobilization

1 L.S.

2 Well Pump Replacement and Casing Extension

1 L.S.

3 Utility Room Selective Demolition

1 L.S.

4 Precast Concrete Utility Building

1 L.S.

5 Water Treatment System and Electrical Work

1 L.S.

6 Waterline Installation 2500 L.F.

Total Base Items

Optional Items

Description Quantity Unit Unit Price

Extended Price

7 * Campground Hydrant Faucet Installation

11 EA

8 * Campground Hydrant Complete Replacement

11 EA

9 Existing Concrete Tank Rehabilitation

1 L.S.

10 Precast Concrete Utility Building Insulation

1 L.S.

Total Optional Items

Total Base Plus Optional Items

* The Forest would want to award either Option Item 7 or 8 depending on the price, but not both, so only the higher value item is included in the total above.

Company Name: ______________________________________________

DUNS #: _____________________________________________________

POC: _______________________________________________________

EMAIL: _____________________________________________________

PHONE: _____________________________________________________

B-2 NOTE: Payment for Pay premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.

To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), www.sam.gov

SECTION C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

C-1. Description of Work

This project consists of construction of a drinking water treatment system and installation of approximately 2,500 feet of new buried water piping to serve the Grand Mesa Visitor Center, Cobbett Campground and Ward Lake Campground. Other work items include replacement of an existing well pump and extension of the well casing height above ground.

Optional items include rehabilitation of a 2,000 gallon concrete water storage tank and repair or replacement of 11 campground water hydrants.

Optional items may be awarded at the time of the base contract subject to funds availability and other terms and conditions of this contract, or up to 6 months after award of the base items.

C-2. Project Location

This project is located at the Grand Mesa Visitor Center, Cobbett Campground and Ward Lake Campground on the Grand Mesa National Forest. The project is approximately 15 miles north of Cedaredge, CO along Colorado Highway 65.

http://www.sam.gov/

C-3. Applicable Specifications

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

C-4. AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

C-5. AGAR 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.

SECTION D--PACKAGING AND MARKING

[BLANK]

SECTION E--INSPECTION AND ACCEPTANCE

E-1. FAR 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 address:

FAR: www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.246-12 Inspection of Construction AUG 1996

E-2. AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

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

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

E-3. Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

http://www.acquisition.gov/far/

E-4. Conformity with Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SECTION F--DELIVERIES OR PERFORMANCE

F-1. FAR 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 address:

FAR: www.acquisition.gov/far/

Clause Number Title Date 52.242-14 Suspension of Work APR 1984

F-2. FAR 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, with submittals, coordination and scheduling beginning after notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than October 17, 2017. In the event of official weather delays, the CO may extend the contract; however, all work must be completed and the water system must be operational no later than May 15, 2018.

F-3. AGAR 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 40 hours per week, Monday through Friday. Requests to change the workweek must be submitted, in writing, by the Contracting Officer. The Contracting

Officer will review the request and make a determination of acceptance. The Contractor will be notified in writing of this determination.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1. AGAR 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 20 days after the date of contract award. The conference will be held at the Grand Mesa Visitor Center, 2002 AA 50 Road, Cedaredge, Colorado 81413 or a mutually agreed upon location.

G-2. Pre-Work Meeting

Prior to commencement of work, the Contractor will meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer. This pre-work meeting will satisfy the Post Award Conference specified in AGAR 452.215-73.

G-3. Work Progress Schedule

The Contractor shall be required to present at the pre-work conference a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements

G-4. Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

G-5. Invoices and Payments

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

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

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company https://www.ipp.gov/index.htm 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).

Itemized invoice shall include at a minimum:

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

G-6. Forest Service Representative

Lonnie D. Root shall serve as the Contracting Officer (CO) on this contract. The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at lroot@fs.fed.us A Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G-7. Government-Furnished Property

No Government Furnished Property will be provided under this contract.

G-8. Contract Administration Data

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

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

Notice to Proceed.

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

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

https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:tparanda@fs.fed.us

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) Weather conditions: The elevation of the site is approximately 10,300 feet above mean sea level.

During the summer, the site experiences large mosquito populations. During the winter, the site experiences heavy snowfall and extremely cold temperatures, with snow on the ground typically from November through July.

H-2. AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

CONTRACTOR REPRESENTATIVE, FOREMAN/WOMAN, and QUALITY

INSPECTOR.

(b) During the first ninely (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.

(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-3. Camping Permits

With approval by the Grand Valley Ranger District, National Forest Service lands may be used by the Contractor to have one fully contained recreation vehicle which may remain at this site during the period of performance. The contractor shall dispose of materials left from the construction and any demolition operations off National Forest lands at an approved sanitary landfill.

H-4. Safety Plan

Pursuant to FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in construction areas and asbestos abatement, and that employees meet all OSHA requirements. The Contractor shall identify the specific conditions that are considered to be hazardous.

The Contractor shall submit the safety plan shall within 20 calendar days after award of contract.

The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. Contractor’s operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment. The Contracting Officer’s Representative (COR) has the authority to immediately suspend performance in the event that a safety of life issue is encountered on the work site.

H-5 Noxious Weeds Prevention and Requirements

All contractors and subcontractors performing work on National Forest System lands are required to use equipment and vehicles free of noxious weed seeds and/or propagating parts capable of producing a new noxious weed plant. This applies to ALL vehicles whether owned, leased or borrowed. This shall be accomplished by washing with a pressurized hose all equipment and vehicles used for construction, maintenance and support work prior to entering the National Forest according to Section 01 1000 1.8 of the Project Specifications.

H-6. Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-7. Fire Prevention and Control

The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

The Fire Plan (Section J) outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one quarter mile (0.25 miles) of the project area.

H-7. Suspensions for Other Than Government’s Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR: 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-8. Minimum Insurance

Contractor shall obtain and maintain the following minimum insurance during the entire performance period. Before beginning on-site operations, the contractor shall submit to the Contracting Officer evidence of insurance coverage. Certificates of Insurance shall contain a 30 day cancellation notice.

H-9. Liability Insurance

Worker's Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statues. If occupational diseases are not compensable under those statues, they shall be covered under 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 is hereby required.

a. General Liability: Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence is hereby required.

b. Automobile Liability: The Contractor shall submit proof of automobile liability insurance written on the 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. Coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage is hereby required. The amount of liability coverage on other policies shall be commensurate with any legal requirement of the locality and sufficient to meet normal and customary claims. The amounts of liability coverage listed above are minimum amounts only. The amount of coverage shall be commensurate with any statutory requirements of the locality and sufficient to meet any normal and customary claims.

H-10. Performance and Payment Bonds

a. PERFORMANCE BONDS. For contracts over $150,000, a Performance and Payment Bond are required. The bond(s) must be submitted and approved, to the Government, within 10 calendar days after the Contractor’s receipt of the executed Task Order. Work shall not begin until a Notice to Proceed, fully executed by the Contractor Officer, has been received by the Contractor. The amount of the Performance Bond must equal 100% of the contract amount.

(Standard Form 25 is attached, see Section J) (See Section I, 52.228-15)

b. PAYMENT BOND. For contract over $30,000, a Payment Bond is required. The bond must be submitted and approved within 10 calendar days after receipt of the contract. Work cannot begin until a Notice to Proceed, fully executed by the Contractor, has been given. The amount of the Payment Bond must equal 100% of the contract amount. (Standard Form 25A is attached, see Section J) (See Section I, 52.228-15)

Order Value Requirement

Orders <$30,000> Performance and Payment Bond are not required.

Orders $30,000 to $150,000 Only Payment Bond required for 100% of the order amount.

Orders $150,000+ Performance and Payment Bonds required for 100% of the order amount. Value of bonds shall be equal to the value of the Task Order.

H-11. Wage Determination

U.S. Department of Labor Wage determinations applicable to this contract are incorporated herein. (See Section J.)

If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contractor shall submit to the Contracting Officer a Standard Form (SF) 1444 Request for Authorization of Additional Classification and Rate, along with other pertinent data.

H-12. Performance Bond & Payment Bonds

Performance Bonds (Standard Form 25) and Payment Bonds (Standard Form 25A) in the following amounts are required. The deadline for submitting acceptable bonds and the sum of each bond is as follows:

H-13. Bid Bonds

In accordance with FAR 28.1--Bonds and Other Financial Protections Bidder(s) shall submit with their bid a Bid Guarantee with good and sufficient surety or sureties acceptable to the Government, or other form of security in the amount of 20 PERCENT OF THE BID PRICE OR $30,000.00 WHICHEVER IS LESS. The amount of the bid guarantee submitted, if less than that required by the solicitation for the maximum quantity offered, is determined by the Government to be sufficient for a quantity for which the Offeror/Bidder is otherwise eligible for award. Any award to the Offeror/Bidder shall not exceed the quantity covered by the bid guarantee, reference FAR 28.101-4(c)(3) Noncompliance with Bid Guarantee Requirements. (Standard Form 24 is attached hereto.

See Section J) (See Section I, 52.228-1)

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 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 address: www.acquisition.gov/far/

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if using 52.219-9) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 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 (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (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)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items ( NOV 2016) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)

I-2. FAR 52.211-12 Liquidated Damages—Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,280.00 for each calendar day of delay until the work is completed or accepted to cover cost;

• COR Inspection: $272/day (6 hours/day at current WorkPlan rate)

• Campground Loss: $800 (40 sites average of $20/day per site with 100% occupancy)

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

I-3. FAR 52.217-6 Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

I-4. FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as Optional Items, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 Calendar Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I-5. FAR 52.228-1 Bid Guarantee (SEP 1996)

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

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

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $70,000.00, whichever is less.

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

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

I-6. AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

I-7. FAR 52.252-6 Authorized Deviations in Clauses (FEB 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

I-8. Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

Attach Title Pages 01 Project Specifications 80 02 Project Drawings 18 03 Well Permit 7 04 Experience Questionnaire 3 05 Fire Control Plan 2 06 Delta County DOL Wage Decision 6 07 Performance Bond SF25 2 08 Payment Bond SF25A 2 09 Bid Bond SF24 2

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

Provision Number Title Date 52.225-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran- Representation and Certifications

DEC 2012

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

K-2. AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All --NAICS Code 237110 – Water and Sewer Line & Related Construction --Size Standard 36.5 M Small Business

K-3. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2016)

(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 237110.

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

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

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

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

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

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

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

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

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

(xix) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

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

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

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K-4. FAR 52.209-5 Certification Regarding Responsibility Matters (OCTR 2015)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of https://www.acquisition.gov/ fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one…