AG-9AC7-S-17-0042_Final1.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

840212

USDA FOREST SERVICE

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

9AC7

KATHERINE E. PASINI

Northern CA Acquisition Service Area 3644 Avtech Parkway Redding, CA 96002

KATHERINE PASINI 530-226-2351

1x 03/28/2017

AG-9AC7-S-17-0042

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

SIMS FIRE SETTLEMENT STORMPROOFING

SIX RIVERS NATIONAL FOREST

NAICS: 237310

Size Standard: $36.5 Million

Set Aside: 100% Total Small Business

Government Price Range: $1,000,000 - $5,000,000

DUNS:__________________________________________

Email: ________________________________________

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

05/12/2017

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA FOREST SERVICE

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

9AC7

KATHERINE E. PASINI

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AC7-S-17-0042

Sims Fire Settlement Stormproofing Project

Delivery: 90 Days After Notice to Proceed

FOB: Destination

001 Sims Fire Settlement Stormproofing Project

Delivery Location Code: 9A47

SIX RIVERS NATIONAL FOREST

1330 BAYSHORE WAY

EUREKA CA 95501 US

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

Sponsored by GSA

FAR (48 CFR) 53.110

Sims Fire Settlement Stormproofing, Six Rivers NF - 4 -

AG-9AC7-S-17-0042

TABLE OF CONTENTS

PART I - SCHEDULE OF ITEMS

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 Note Regarding Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

C.2 LOCATION OF PROJECT

C.3 SEASONAL RESTRICTION

C.4 EQUIPMENT

C.5 EQUIPMENT CLEANING

C.6 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY

PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

C.7 ERRATA

C.8 CONTRACT TIME AND ESTIMATED START WORK DATE

C.9 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

C.10 SPECIAL PROJECT SPECIFICATION LIST

SECTION D – GOVERNMENT FURNISHED PROPERTY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection of Construction FAR 52.246-12 (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998)

F.2 Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (APR 1984)

F.3 Schedules for Construction Contracts, FAR 52.236-15 (APR 1984)

F.4 Submittal Requirements

F.5 Material Certifications and Testing Reports

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Postaward Conference, AGAR 452.215-73 (NOV 1996)

G.2 Designation of Contracting Officer's Representative

G.3 Contractor Performance Assessment Reporting System (CPARS)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Use of Premises

H.2 Emergency Response, AGAR 452.236-77 (NOV 1996)

H.3 Invoice Processing Platform (IPP)

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

Sims Fire Settlement Stormproofing, Six Rivers NF - 5 -

I.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998)

I.2 Updates of Publicly Available Information Regarding Responsibility Matters. FAR 52.209-9 (JUL 2013)

I.3 Affirmative Procurement of Biobased Products under Service and Construction Contracts, FAR 52.223-2

(SEP 2013)

I.4 Buy American—Construction Materials. FAR 52.225-9 (MAY 2014)

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

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

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J.1 Attachments to Statements of Work/Specifications, AGAR 452.211-73 (FEB 1988)

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 Annual Representations and Certifications, FAR 52.204-8 (JAN 2017)

K.2 Certification Regarding Responsibility Matters. FAR 52.209-5 (Oct 2015)

K.3 Information Regarding Responsibility Matters, FAR 52.209-7 (Jul 2013)

K.4 Biobased Product Certification, FAR 52.223-1 (MAY 2012)

K.5 Size Standard and NAICS Code Information, AGAR 452.219-70 (SEP 2001)

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

L.1 Inquiries AGAR 452.204-70 (FEB 1988)

L.2 System for Award Management, FAR 52.204-7 (OCT 2016)

L.3 Instructions to Offerors—Competitive Acquisition, FAR 52.215-1 (JAN 2017)

L.4 Type of Contract, FAR 52.216-1 (APR 1984)

L.5 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction, FAR 52.222-23 (FEB 1999)

L.6 Notice of Buy American Act Requirement - Construction Materials, FAR 52.225-10 (MAY 2014)

L.7 Service of Protest, FAR 52.233-2 (SEP 2006)

L.8 Preparation of Proposals – Construction, FAR 52.236-28 (OCT 1997)

L.9 Instructions for the Preparation of Technical and Business Proposals

L.10 Site Visit, FAR 52.237-1 (Apr 1984)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Award Determination

M.2 Acceptability of the Offer

M.3 Technical Evaluation Factors

M.4 Evaluation of Options Exercised at Time of Contract Award, FAR 52.217-4 (June 1988)

Sims Fire Settlement Stormproofing, Six Rivers NF - 6 -

PART I - SCHEDULE OF ITEMS

SECTION B - Supplies or Services and Prices

SIMS FIRE SETTLEMENT STORMPROOFING

Six Rivers National Forest

ITEM NO. DESCRIPTION PAY

UNIT

EST.

QTY

UNIT PRICE TOTAL PRICE

15101 Mobilization Lump Sum 1 $__________ $___________

20301 Removal of culverts (Method A) Each 4 $__________ $___________

20420-1 Drainage excavation, Rolling Dip Type 2 with aggregate Each 52 $__________ $___________

20420-2 Drainage excavation, Rolling Dip Type 2 Each 28 $__________ $___________

30326 Road reconditioning Mile 12.86 $__________ $___________

30111 Aggregate surface course, grading F, compaction method C

Cubic Yard 19,090 $__________ $___________

60211-1 24 Inch Corrugated Steel Pipe, 14 Gauge, Type 1 Foot 20 $__________ $___________

60211-2 24 Inch Corrugated Steel Pipe, 14 Gauge, Type 2 Foot 40 $__________ $___________

60211-3 36 Inch Corrugated Steel Pipe, 14 Gauge, Type 1 Foot 40 $__________ $___________

60211-4 36 Inch Corrugated Steel Pipe, 14 Gauge, Type 2 Foot 60 $__________ $___________

60211-5 24 Inch Corrugated Steel Pipe, 14 Gauge, Down Drain Foot 30 $__________ $___________

60209 Elbow, 24 Inch Corrugated Steel Pipe, with fasteners Each 1 $__________ $___________

62503 Seeding, Dry Method (Gov Furnished Seed)

Lump Sum 1 $__________ $___________

62530 Mulching, Straw bales Each 8 $__________ $___________

65002 Install road closure device, Earthen Mound Barrier Each 1 $__________ $___________

TOTAL $___________ $____________

OPTION ITEM A -

Additional Stockpiled Aggregate. Optional Item may be awarded in increments of 10 cubic yards of stockpiled aggregate totaling an estimated quantity ranging from 1,000 cubic yards up to 10,000 cubic yards.

ITEM

NO.

DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

32002 Stockpiled aggregate, Section 703, grading F

Cubic Yard 10,000 $___________ $____________

Total Base &

Option Item $____________

Sims Fire Settlement Stormproofing, Six Rivers NF - 7 -

NOTE: All quantities in the bid schedule, except the option, are contract quantities. Refer to FP-03 109.02(b) for authorizing adjustments to contract quantities.

B.1 Note Regarding Bond Premiums Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted

Sims Fire Settlement Stormproofing, Six Rivers NF - 8 -

SECTION C - Description/Specifications/Statement of Work

C.1 SCOPE OF WORK

The purpose for this contract is to secure services to stormproof National Forest system roads in the Lower Trinity Ranger District, Six Rivers National Forest. The primary work items include services associated with rock pit development from a government source and aggregate production. Primary work items also include installing drivable drainage dips, replacing culverts, road reconditioning, installing earth mound barriers, and placing aggregate surface course. The Schedule of Items and the General Notes/Road Logs contain the full listing of included work.

Unless otherwise provided, the Contractor shall furnish all labor, transportation, equipment, tools, supervision, materials and any incidentals necessary to accomplish work on the Lower Trinity Ranger District of the Six Rivers National Forest.

The contractor shall carefully examine the existing conditions and information, shall become familiar with the nature and location of the work, the conformation of the ground slopes and terrain, the nature of the soil and subsoil conditions, nature and extent of the materials that will be encountered during the construction operations and any existing site conditions that may affect the project, prior to the beginning of work.

C.2 LOCATION OF PROJECT

The project area is located on the Lower Trinity Ranger District of the Six Rivers National Forest. Roads are in T. 4N., R.5E., Sec. 4, 9-12, 14, 15, 23; T.5N., R5E., Sec. 4, 5, 8, 9, 10; T.5N., R.6E., Sec 18, 19, & 30, Humboldt Baseline and Meridian. Project lies within Humboldt and Trinity Counties.

From Eureka, California travel east on Highway 299 to the Friday Ridge Road turnoff (just before the bridge over the South Fork Trinity River). Go south about one mile to the Route 6 turnoff. Most project roads are off Route 6, approximately 6 miles south of Friday Ridge Road. Refer to the location map(s) for road locations

C.3 SEASONAL RESTRICTION

The contractor will be permitted to begin work August 5th, 2017. Until September 15th there will be daily restrictions where no heavy equipment shall work until two hours after sunrise and stop two hours before sunset. After October 15th, wet weather operating restrictions shall apply and work will be tightly controlled and monitored for erosion control and preventive measures. At the discretion of the Forest Service, work may be suspended for wet weather conditions before startup or during operations when conditions warrant.

There are spotted owl restrictions until August 5, 2017.

C.4 EQUIPMENT

All equipment shall be suitable for the purpose intended and shall meet all requirements of the Occupational Safety and Health Act. The Contracting Officer may order the removal or require the replacement of any unsatisfactory equipment.

All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing lights or rotary beacons operated continuously while work is in progress. All equipment shall be equipped with a standard slow moving vehicle emblem. Truck headlights shall be on while operated. Backup warning devices shall be required on self-propelled equipment in excess of 8,000 pounds gross vehicular weight.

Vehicles and machinery not currently used in stormproofing operations shall be parked off the traveled

Sims Fire Settlement Stormproofing, Six Rivers NF - 9 -way to minimize interference with normal use of the road.

C.5 EQUIPMENT CLEANING

The contractor shall clean all vehicles and equipment before entry into the district unless the cleaning requirement is waived in writing by the Forest Service. Thereafter, all vehicles and equipment that leave the district must be cleaned prior to their reentry, unless waived by the Forest Service. All cleaning of vehicles or equipment shall be done at sites agreed to by the Forest Service and the Contractor. The water used for washing will be from a source in a non-infested drainage. The Forest Service shall inspect all vehicles and equipment prior to entry, as appropriate and necessary. Infested and uninfested areas will be determined by the Forest Service. Cleaning shall include the removal of soil by steam cleaning or use of high pressure water spray.

C.6 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

All of the specifications from the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 are applicable to this project and are a part of this solicitation and any resultant contract. The specifications are included by reference and the full specifications are available at the following website: http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

C.7 ERRATA

The words ". . . or equal", ". . .or approved equal" and ". . .equivalent to" when referring to brand name items are hereby deleted in their entirety from this solicitation

C.8 CONTRACT TIME AND ESTIMATED START WORK DATE

Period of performance is 90 calendar days from date of Notice to Proceed.

Estimated start work date of: August 5th, 2017

C.9 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 a part of this solicitation and any resultant contract.

C.10 SPECIAL PROJECT SPECIFICATION LIST

The special project specifications applicable to this solicitation are in Section J. as a separate attachment.

See Table of Contents at front of special project specifications for list of included special project specifications.

http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

Sims Fire Settlement Stormproofing, Six Rivers NF - 10 -

SECTION D – Government Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the FAR clauses “52.245-1 -- Government Property”, or “52.245-9 -- Use and Charges” as applicable.

Item No. Description Quantity Delivery Date 62503 Seed As needed Notify COR 7 days prior to use for delivery

SECTION E - Inspection and Acceptance

E.1 Inspection of Construction FAR 52.246-12 (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary

Sims Fire Settlement Stormproofing, Six Rivers NF - 11 -facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F - Deliveries or Performance

F.1 Clauses Incorporated by Reference, FAR 52.252-2 (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.acquisition.gov/far/ https://www.dm.usda.gov/procurement/policy/agar.htm (AGAR)

Variation in Estimated Quantity, FAR 52.211-18 (APR 1984) Suspension of Work, FAR 52.242-14 (APR 1984)

F.2 Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 Schedules for Construction Contracts, FAR 52.236-15 (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, http://www.acquisition.gov/far/ https://www.dm.usda.gov/procurement/policy/agar.htm

Sims Fire Settlement Stormproofing, Six Rivers NF - 12 -and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.4 Submittal Requirements

SUBMITTALS

The following submittals are required for this project: Title

Referenced by Specification No

Time of Government Approval After Submittal

Erosion control plan FP-03 157 14 days

Hazardous Spill Plan FP-03 107 14 days

Fire Plan Fire Protection and Suppression 14 days

Construction Schedule FAR 52.236-15 14 days

Safety Plan FAR 52.236-13 14 days

Blasting Plan FP-03 205 14 days

Pit & Quarry Development Plan FSSS 651 14 days

Traffic Control Plan FP-03 156 14 days

F.5 Material Certifications and Testing Reports The following material certifications and/or testing reports shall be submitted on this project: Title

Referenced by Specification No

Time of Government Approval After Submittal

Aggregate Surface Course 703.05 14 days

Weed-Free Mulch Certification 713.05 14 days

Sims Fire Settlement Stormproofing, Six Rivers NF - 13 -

SECTION G - Contract Administration Data

G.1 Postaward Conference, AGAR 452.215-73 (NOV 1996) A post award conference with the successful offeror may be scheduled after the date of contract award.

The conference will be held at a mutually agreeable location.

G.2 Designation of Contracting Officer's Representative The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3 Contractor Performance Assessment Reporting System (CPARS)

(a) General. This contract may be subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Pre-work Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

Sims Fire Settlement Stormproofing, Six Rivers NF - 14 -

SECTION H - Special Contract Requirements

H.1 Use of Premises

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are NOT available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads designated below for performance of work under this contract.

(f) The Contractor is responsible for all road maintenance and repair work caused by their operations.

Road No. Road Termini Authorizations, Restrictions or Requirements

Maintenance Required

6N01

ENTIRE ROAD

None Incidental

Repair 5N01 ENTIRE ROAD 6N06 0.00 – 9.9

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over-width permits. Forest Service overload permits for this project may be obtained from the Lower Trinity District Ranger.

H.2 Emergency Response, AGAR 452.236-77 (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

Sims Fire Settlement Stormproofing, Six Rivers NF - 15 -

H.3 Invoice Processing Platform (IPP)

INVOICE SUBMISSION PROCEDURES

The "Submit Invoice-to" address for invoices on USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for work performed under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

After award of a contract, please make sure your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account, there is no pre-award registration. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is current in the System for Award Management (SAM) account for your company (www.sam.gov). Recent update(s) to a SAM registration need time to process from a “Pending” to in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the POC identified in the SAM account. For assistance with questions on the IPP enrollment process, creating invoices, or uploading attachments to IPP please contact the IPP help desk phone number is 1- 866-973-3131.

Invoices in IPP are the official request for payment. Supporting information is required for all construction progress payments and shall be attached to the IPP invoice.

• The payment certification required in FAR 52.232-5 Payments under Fixed-Price Construction Contracts must be signed and submitted for each progress payment requested,

• A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.

Additionally, the government will verify the contractor’s compliance with the submission of certified payrolls for the invoiced timeframe as required in FAR Clause 52.222-8 Payrolls and Basic Records. The Contractor shall submit payrolls weekly for each week in which any contract work is performed by the prime or any subcontractors. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information required in the contract clause (form WH-347 is an optional form compliant with the requirement and is available for download at www.dol.gov). State or County government forms lack the specific certification requirement and are not acceptable without supplementation of the certification statement.

Invoices not complying with contract requirements will be rejected.

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

Sims Fire Settlement Stormproofing, Six Rivers NF - 16 -

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

I.1 Clauses Incorporated by Reference, FAR 52.252-2 (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):

http://www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATIONS (FAR)

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (OCT 2015) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set Aside (NOV 2011) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-28 Post-Award Small Business Program Representations (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (MAY 2014) 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (MAY 2014) 52.222-6 Davis-Bacon Act. (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 Davis-Bacon and Related Act 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 Equal Opportunity Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-6 Drug-Free Workplace. (MAY 2001) 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) http://www.acquisition.gov/ http://www.usda.gov/procurement/policy/agar.html

Sims Fire Settlement Stormproofing, Six Rivers NF - 17 -

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. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (JUL 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) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 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) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

Sims Fire Settlement Stormproofing, Six Rivers NF - 18 -

I.2 Updates of Publicly Available Information Regarding Responsibility Matters. FAR 52.209-9

(JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government;

or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the

Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 Affirmative Procurement of Biobased Products under Service and Construction Contracts, FAR 52.223-2 (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html#wp1075411 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644

Sims Fire Settlement Stormproofing, Six Rivers NF - 19 -

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I.4 Buy American—Construction Materials. FAR 52.225-9 (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.

http://www.biopreferred.gov/ http://www.sam.gov/ http://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Sims Fire Settlement Stormproofing, Six Rivers NF - 20 -

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

(b) Domestic preference.

(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: NONE

[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…