Statement_of_Work.pdf

OMB Approved No. 9000-0006

SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 350) 1 41 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-9A40-S-16-0005 [ ] SEALED BID (IFB) March 2, 2016 NO.

[ X] NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) R5 Acquisition Management Sierra National Forest 1600 Tollhouse Road Clovis, CA 93611

R5 Acquisition Management Sierra National Forest 1600 Tollhouse Road Clovis, CA 93611

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or serviced in Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 4:00 pm local time March 31, 2016

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: Patrick J. Gallegos 559 297-0706 Ext 4830

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 10

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK/STATEMENT 3 J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 1 K REPRESENTATIVES, CERTIFICATIONS AND 8

F DELIVERIES OR PERFORMANCE 1 OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 1 L INSTRS., CONDS., AND NOTICES TO OFFERORS 5

H SPECIAL CONTRACT REQUIREMENTS 3 M EVALUATION FACTORS FOR AWARD 3

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or Print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE code) IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE Invoice Processing Platform (IPP). All invoices must be submiited electronically through the Invoice Processing Platform via WWW.ipp.gov

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

PATRICK J. GALLEGOS

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

NSN 7540_01_152_8064 33-133 STANDARD FORM 33 (REV.4-85)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.214(c)

Solicitation No. AG-9A40-S-16-0005 Witch Fire Road Repair

BASE BID

819 (1) Riprap for Drainage Armor, Class II AQ Ton 70 $________ $________

819 (1) Riprap for Hardened Crossing, Class II AQ Ton 320 $________ $________

819 (1) Riprap for Overside Drain Outlet, Class II AQ Ton 29 $________ $________

832 (2) Furnish and Install 18" Over-side Drain w/ 10' Flume AQ Each 140 $________ $________

839 (01) Restore Drainage Function AQ Mile 29.58 $________ $________

839 (02) Construct Rolling Dip AQ Each 103 $________ $________

839 (03) Construct Rolling Dip with Lead Off Ditch AQ Each 1 $________ $________

842 (01) Outlet Structures - Repair/Reinstall Overside Drain AQ Each 4 $________ $________

881 (02) Mobilization JOB LSQ 1 $________ $________

ADDITIVE ITEM 1 (BLACK MTN. SPUR)

819 (1) Riprap for Hardened Crossing, Class II AQ Ton 12 $________ $________

839 (01) Restore Drainage Function AQ Mile 0.77 $________ $________

881 (2) Mobilization JOB LSQ 1 $________ $________

ADDITIVE ITEM 2 (BODEN CANYON ROAD)

832 (2) Furnish and Install 18" Over-side Drain w/ 10' AQ Each 21 $________ $________

834 (4) Drainage Structure Mtc. - Furnish and Install 24" AQ Each 1 $________ $________

839 (01) Restore Drainage Function AQ Mile 1.6 $________ $________

TotalItem Number

Total Base Bid $______________

SCHEDULE OF ITEMS

CLEVELAND NATIONAL FOREST

WITCH FIRE ROAD REPAIR

PALOMAR RANGER DISTRICT

$______________Total Option 1

Description Pay UnitMM Est

Quant Unit Price

839 (02) Construct Rolling Dip AQ Each 21 $________ $________

839 (03) Construct Rolling Dip with Lead Off Ditch AQ Each 1 $________ $________

842 (01) Outlet Structures - Repair/Reinstall Overside Drain AQ Each 1 $________ $________

881 (2) Mobilization JOB LSQ 1 $________ $________

$______________Total Option 2

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The purpose of this contract is to provide roadway and drainage maintenance for roads within the Witch Fire burn area on the Palomar Ranger District (PRD) of the Cleveland National Forest. The final product will alleviate damage to the roads within the burn area and prevent further resource damage.

This contract provides for the equipment, labor, materials, and services necessary to perform work ordered by the Government for the fabrication and installation of overside drains, restoration of drainage functions on over 29 miles of roads, construction of rolling dips and lead off ditches, placing of riprap on overside drains, installing hardened crossings and providing drainage armor in compliance with the terms, specifications, drawings and provisions of this contract. Locations of work will be staked by the Forest Service along with a description of desired work.

C.2 PROJECT LOCATION

The project location consists of six (6) roads, totaling almost 30 miles, on the Palomar Ranger District within San Diego County. The roads include Lusardi Road (11S03), Orosco Ridge Road (12S02), Sutherland Dam Road (12S05, Upper Santa Ysabel (12S07), Cedar Creek (13S11), and Black Mountain Road (11S04) as shown on the attached maps. There are also two (2) optional roads Black Mountain Spur (11S04), and Boden Canyon Road (12S03). The additional options are shown in the estimate as well as the attached maps. The terrain varies from one site to another and can be relatively flat in areas and moderately hilly and steep in others. Soil conditions vary as well, from soft and sandy to compacted and rocky. A general vicinity map is included with this solicitation. Cleveland National Forest maps are also available to assist in locating the individual roads and can be purchased at the Palomar Ranger District Office. The office is open between the hours of 8:00 am and 4:30 pm, Monday through Friday. The office is located at 1634 Black Canyon Road, Ramona, CA.

C.3 PRE-BID CONFERENCE OR TOURS

A pre-bid tour will be conducted on March 17, 2016 at 10:00 a.m. We will meet at the Palomar Ranger District, 1634 Black Canyon Road, Ramona, CA 92065. Bidders may request information and directions to the site by contacting Foster Kuramata at (858) 674-2971

C.4 PERIOD OF PERFORMANCE

Projected start date: April 18, 2016.

Time for completion: 136 calendar days from the issuance of the “Notice to Proceed”.

C.5 REQUIREMENTS

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities to perform the Statement of Work/Specifications referenced below.

The Contractor shall minimize mechanical activity during rainy periods and the CO may shut down the operation if excessive soil disturbance and/or erosion problems occur.

The Contractor shall repair all associated damage on established roads, adjacent vegetation or other improvements caused by their operations or equipment prior to partial or final payment.

The Contractor shall provide technical submittals for all materials furnished on this project for Forest Service review and approval prior to installation.

The Contractor shall dispose of all project related trash, debris and vegetation off of Forest lands prior to final payment.

The Contractor is responsible for contacting the Forest dispatch center to obtain the fire predicted Project Activity Level (PAL) each day and restrict work accordingly.

The Contractor is responsible for traffic control and equipment staging requirements in work areas when working on National Forest System Lands.

There are no heritage resources that are expected to be encountered in these areas.

However, if any heritage resources are discovered during implementation, all project related work shall cease immediately and notification to the COR initiated.

The Contractor shall provide clean equipment for the project to prevent the introduction of invasive weeds to the Forest.

C.6 SPECIFICATIONS

The following specifications are included as a part of this contract:

819 Riprap 819 Riprap (Special Project Specification)

832-2 Outlet/Overside Drain Structures (Special Project Specification) 834-2 Drainage Structure Replacement (Special Project Specification) 839 Restore Drainage Function 839 Restore Drainage Function (Special Project Specification) 842 Outlet Structures 881 Mobilization

ATTACHMENTS

819 Hardened Crossing, Drainage Armor 832-2 Overside Drain Fabrication 832-2 Construction Details/Overside Drain Installation 837-1 Typical Rolling Dip Fire Plan

MAPS

1 Witch Fire Road Contract Vicinity Map 2 Witch Fire Road Repairs Contract Area North Map.

3 Witch Fire Road Repairs Contract Area South Map.

4 Witch Fire Road Repairs Contract Area Options 1 and 2 Map.

PART I — THE SCHEDULE

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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/these address(es): www.arnet.gov/far/

E.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

F.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.211-13 Time Extensions (SEPT 2000) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.3 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 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 within 136 days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. The estimated start work date is April 18, 2016.

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information 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 proposed to carry out the work.

http://www.arnet.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

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) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions: Will be provided on each Task Order.

(c) Transportation facilities are by county, state, and forest roads (paved and unpaved).

H.2 THREATENED OR ENDANGERED SPECIES

Location of known threatened or endangered species protected under the Threatened or Endangered Species Act (1973), will be identified for the Contractor before work commences. Upon discovery by either party (Government or Contractor) of additional threatened or endangered species, activity in the area shall cease and the find shall promptly be reported to the other party. Newly discovered or listed threatened or endangered species identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the threatened or endangered species’ significance can be made and provision for their protection and conservation implemented.

H.3 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.4 PREWORK CONFERENCE

Prior to commencement of work the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, the Contractor shall be required to furnish his/her tentative progress schedule in writing. The contractor's foreman is encouraged to attend this meeting.

H.5 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

H.6 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as required by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments, or into natural or manmade channels leading thereto. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on/or in the vicinity of the project which are caused by the Contractors employees directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products spills caused by Contractors employees or resulting from construction operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.7 CONTRACTOR’S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

The contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from its operations.

H.8 SUPERVISION

The contractor shall directly superintend all work performed or assign an on-site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language.

H.9 WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such winter weather has passed and work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.usda.gov/procurement/policy/agar.html

I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (MAY

2014) 52.204-4 Printed or Copied Double- Sided on Post Consumed Fiber Content Paper

(MAY 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concern (JAN 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-35 Equal Opportunity for Veterans, (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-41 Service Contract Labor Standards (MAY 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2014) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) http://www.usda.gov/procurement/policy/agar.html

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) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for award management

(JULY 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) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (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), Alt 1 (NOV 1991) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes—Fixed Price, Alt 1(APR 1984) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-10 Default (Fixed-Price Supply and Service) (APR 1984)

I.3 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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.4 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (Jul 2013)

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov .

(End of clause)

I.5 FAR 52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS (May 2014)

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

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

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

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

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

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

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

“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—

(3) 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

(4) 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.

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.6 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under the contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.7 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2015)

(a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

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(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

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I.8 AGAR 452.219-70 SIZE STANDARDS 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: 237990 Size Standard: $33.5 Million 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.

I.9 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 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.

Alternate I (NOV 1996). Paragraph (b), when additionally the contractor must have property damage liability coverage:

(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 ‘minimum as required by the State of California’ per occurrence.

PART III - LIST OF DOCUMENTS, EXHIBITS/

AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENTS PAGES:

Special Project Specifications 5 Project Specifications 58 Drawings 2 Road Logs 11 Maps 2 Wage Determination 2005-2058 (Rev 19) Dated 12/29/2015 10 Fire Plan 9

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

K.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (SEP 2007) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (SEP

2010) 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 6101 Stevenson Avenue Alexandria, VA 22304-3540 Telephone: (703) 461-2460 E-mail: VETS100@dyncorp.com Website: www.vets100.cudenver.edu

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33,500,000.00

(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 certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

mailto:VETS100@dyncorp.com http://www.vets100.cudenver.edu/

□ (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) 52.214-14, 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

(xv)…