Combined Solicitation Documents AGS.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

REQUEST FOR QUOTES (RFQ)

3. DATE ISSUED

05/11/2023

PAGE OF PAGES

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Procurement and Property Services CSA #3 3160 NE Third St.

Prineville, OR 97754

Procurement and Property Services CSA #3 Attn: Cyndy Armour 3160 NE Third St.

Prineville, OR 97754

9. FOR INFORMATION

CALL:

A. NAME

Cyndy Armour

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-410-6720

SOLICITATION

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

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

All documents included

11. The Contractor shall begin performance within ____ calendar days and complete it within ____ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _1___ copies to perform the work required are due at the place specified in Item 8 by __4:30_____ (hour) local time __06/08/2023______ (date). If this is a sealed bid solicitation, offers must 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.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than _120__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

1240BE23Q0061

OFFER (Must be fully completed by offeror)

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

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds. NOT REQUIRED

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Malheur National Forest Allison Guard Station Hazardous Materials Remediation Solicitation # 1240BE23Q0061

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Allison Guard Station Selective Demolition and Hazardous Material Abatement Malheur National Forest, Emigrant Creek Ranger District

Bid Item No.

Base Bid Item Quantity Method of Measurement

Unit Unit Price Price

01 Mobilization 1 LS LS $ $

2a.1 Demo - Wood Panel Removal & Ceiling

1121 AMQ SF $ $

2a.2 Demo - Cellulose Insulation Demo

1860 AMQ SF $ $

2a.3 Demo - Flooring Not Containing ACM

988 AMQ SF $ $

3a.1 Asbestos & Lead Abatement Floors

1350 AMQ SF $ $

3a.2 Asbestos & Lead Abatement Walls

1386 AMQ SF $ $

3a.3 Asbestos & Lead Abatement Ceilings

230 AMQ SF $ $

3b.1 Asbestos & Lead Abatement Kitchen Cabinet Removal

1 LS LS $ $

TOTAL PRICE: $

LS = Lump Sum SF = Square Foot AMQ = Actual Measured Quantity

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

THIS STATEMENT OF WORK DEFINES:

1. Select Demo

2. Hazardous Material Abatement (asbestos and lead based paint)

PROJECT BACKGROUND

A. The Ranger’s Residence, Guard Cabin and Office/Cookhouse (buildings 1151, 1152, and 1301) at the Allison Guard Station are existing USFS facilities that need selective demolition work and hazardous material abatement of asbestos and lead based paint.

B. In October of 2022, DH Environmental, Inc. conducted testing of the three buildings to determine what, if any, hazardous building materials were present. Attachment A, Hazardous Building Material Assessment dated October 24th, 2022, details the results of this testing

C. To assist with planning and cost estimating, USFS facilities maintenance staff are providing the following information regarding the structures in need of abatement and selective demolition work:

Building ID Description Year Const. Sq Ft Notes 1151 Employee Housing 1935 884 Single-family residence.

1152 Employee Housing 1935 499 Single-family residence.

1301 Employee Housing 1935 954 Single-family residence.

Electronic Files Provided To The Contractor:

No. Description

1 Allison GS Drawings and Photos

2 DH Environmental, Inc. Survey - 2022

3 Project Specifications

C.2 PROJECT LOCATION

A. Allison Guard Station is accessed via Izee Highway:

1. From Burns, OR. Travel west on US Highway 20 to the junction with the Burns- Izee Road 127. Continue on the Burns-Izee Road approximately 11 miles to the junction with Forest Road 41. Follow Forest Road 41 approximately 34 miles to the 900 road. Turn east, go through gate to work center.

2. Lat/Long coordinates for Allison Guard Station are: 43.9183 oN, -119.5928 °W

C.3 TECHNICAL SPECIFICATIONS

SPECIFIC REQUIREMENTS

A. Line Item 2a.1 through 2a.3 Selective Demolition

1. Provide a Work Plan to the COR prior to starting work. Make sure to include:

a. Health & Safety Plan – include necessary certifications

b. Quality Assurance Plan – include all necessary certifications

c. Note that the Guard Station is closed at this time – restrooms, and other amenities will not be available.

2. Perform Selective Demolition on buildings 1151 and 1152 to remove paneling, flooring and other finishes not identified as containing hazardous building materials.

B. Line Items 3a.1through 3b.1 Hazardous Building Material Abatement

1. Provide a Work Plan to the COR prior to starting work. Make sure to include:

a. Health & Safety Plan – include necessary certifications

b. Quality Assurance Plan – include all necessary certifications

c. Note that the Guard Station is closed at this time – restrooms, and other amenities will not be available.

2. Perform Abatement, Demolition and Disposal on buildings 1151, 1152 and 1301 to remove wall board, ceiling assemblies, flooring and other finishes identified as containing hazardous building materials.

a. Remove and properly dispose of all hazardous materials. This may include, but is not limited to:

i. Asbestos Abatement.

1. Use a licensed asbestos abatement contractor to abate all asbestos found during the asbestos surveys.

ii. Follow requirements set forth in OAR 340-248. Include DEQ notification fees in your cost proposal. Lead Based Paint Abatement

1. Use a licensed lead abatement contractor and lead-safe certified firm to abate all lead found during the lead-based paint surveys.

1. Follow requirements set forth in OAR 333-069 through OAR 333-070

2. Nearest Disposal Site:

C&B Sanitary Services, 53206 Monroe Ln, Burns, Harney County, Oregon.

3. Any samples required for waste characterization and disposal are considered incidental and included in the scope of the contract.

C. Report

1. Provide a demolition report. Include:

a. Description of the work

b. Photographs

c. Copies of DEQ notification for asbestos abatement, where applicable

d. Waste manifests and landfill slips, as applicable

e. Full laboratory analysis results for any samples taken, as an appendix

f. Copy of asbestos abatement contractor certification, as necessary

HERITAGE MONITORING

A. An on-site Government Archeological monitor may need to be on-site during abatement and demolition work. Notify the CO in writing at least 7 days in advance of any abatement and demolition activities to provide adequate time for coordination and scheduling the on-site monitor.

C.4 SUBMITTALS, REVIEW, AND SCHEDULE

SUBMITTALS

A. Submittals will be in electronic format. Submission via e-mail or FTP site is acceptable. If File Transfer Protocol (FTP) site is used, USFS will provide a link and access to a USDA- approved site.

REVIEW AND CONCURRENCE

A. Draft reports will be submitted for review at 100% completion.

B. Expect the Government to return comments on submittals within 10 working days from the receipt of the submittal, unless otherwise indicated.

C. The government does not anticipate requesting substantial changes to the reports or engineer recommendations. Comments will focus on ensuring that facts are correct, wording/typos, etc. and that all information requested in this call order is included in the report

SCHEDULE

A. Base Items

Item Schedule Item Requirements

Work Plan See F.4

7 calendar days after Notice to Proceed

• Submit one electronic copy of work plan, as described in Section C.3 B.

• Coordinate dates with COR for site-work

Site Work 5 calendar days after Work Plan approval

• Complete all site work described in Sections C.1 through C.4

Reports 10 calendar days after Completion of Site Work

• Submit asbestos surveys and Toxicity Characteristic Leaching Procedure (TCLP) test results

PAYMENT

A. Payment for items designated as Square Foot in the SCHEDULE OF ITEMS shall be paid for as Actual Measured Quantities and shall be full compensation for the preparation and completion of all labor, equipment, tools, and incidentals to complete this item.

B. Payment for items designated as Lump Sum in the SCHEDULE OF ITEMS shall be full compensation for the preparation and completion of all labor, equipment, tools, and incidentals to complete this item.

C.5 MAGNITUDE OF CONSTRUCTION PROJECT

Between $25,000 and $100,000.

C.6 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.7 GENERAL

Work under this contract shall be accomplished as a turnkey operation. That is, the Contractor shall

Malheur National Forest Allison Guard Station Hazardous Materials Remediation provide appropriate labor, equipment, safety and personal protective equipment, materials, supervision, and transportation needed to execute the removal and disposal of those hazardous material listed in the assessment report. This includes but is not limited to: completion of appropriate regulatory documents, such as hazardous waste manifests; coordination with appropriate State and Local agencies.

Many of the products (work plans and reports, etc.) in this contract are subject to review by the state, Department of Environmental Quality (DEQ), Environmental Protection Agency (EPA), and/or other agencies.

C.8 CONTRACTOR CAUSED SPILLS

The Contractor shall be responsible for spill containment and, at the firm's expense, to clean spills caused by the firm and/or its agents. The Contractor shall provide the Contracting Officer with a plan for removing spills which the Contractor caused. The Contractor is required to have insurance as specified within this contract.

C.9 SAFETY PRECAUTIONS

Personnel for Activities who will physically work on a site shall be certified as having received the 40-hour Hazardous Waste Site Operations (Hazwoper) training. Their Hazwoper training must be current at the time the work is performed. Work shall be accomplished in a safe manner and in accordance with applicable OSHA standards, including 29 CFR 1910.120 and 1926 subpart 0. Project health and safety plans shall be submitted with the Contractor's site-specific proposal for this project and all appropriate personal protective equipment and safety equipment, as outlined in the plan, shall be provided by the Contractor.

C.10 COMPLIANCE WITH REGULATIONS

Actions and recommendations submitted by the Contractor shall comply with applicable laws and regulations for the site. This may include, but is-not limited to, Comprehensive Environmental Responses, Compensation and Liability Act (CERCLA), the National Contingency Plan (NCP), the transport, storage and disposal provisions of the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act, Safe Drinking Water Act (SDWA), Clean Water Act (CWA), Toxic Substance Control Act (TSCA) and all other applicable Federal, State, and local laws and regulations as related to the specific project Activity. All work submitted by the Contractor may be subject to the review and approval of EPA and/or the appropriate State regulatory agency. Therefore, it is the responsibility of the Contractor to contact the appropriate regulatory agency(s) to determine the requirements for each project. The Contractor will be responsible for writing and submitting reports to regulatory agencies as directed by the COR. It is the Contractor's responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

The Contractor shall maintain and submit evidence of liability, property damage and other insurance at or above the minimum limits established by law, and in accordance with industry standards, for the types of work being conducted.

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

The Contractor shall obtain and/or prepare necessary permits, licenses, or other documents necessary to accomplish the prescribed work (see Clause 52.236-7). Any costs shall be included in the price quote.

C.11 CONTRACTOR QUALIFICATIONS AND REQUIREMENTS

The Contractor shall be a firm(s) regularly engaged in, and has demonstrated skill in, completion of work in those activities which are included in this solicitation.

Work on this contract shall be accomplished under the direct supervision of a trained and experienced project manager. The Contractor shall ensure compliance where applicable laws and regulations require work to be carried out under the direction of a registered/licensed civil engineer.

Contractors shall supply a single point of contact for the purpose of communication/transmittal of work orders. An e-mail address and phone number is required for each contractor. Periodically, communications will be sent to these contact persons for response, therefore regular attention to electronic communications may be critical for short notice.

C.12 HAZARDOUS MATERIALS ABATEMENT

Under this activity, the Contractor will be requested to provide services for abating hazardous materials in a controlled environment. Services to include, abatement of asbestos, lead- based paint, or other hazardous chemicals on buildings 1151, 1152 and 1301.

Hazardous material removal and disposal must be conducted in accordance with federal, local, and state regulations. Clearance testing for abated lead-based paint and asbestos as per United States Environmental Protection Agency and United States Department of Housing and Urban Development guidelines shall not be performed by the Abatement Contractor.

It is the intent of this contract to remove material/waste from their present location and to provide for their disposal.

C.13 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g.,insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain removers

Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements.

The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

http://www.biopreferred.gov/

SECTION D – PACKAGING AND MARKING

No clauses in this section

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

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.acquisition.gov

FAR 52.246-1 Contractor Inspections Requirements (Aug 1984) FAR 52.246-12 Inspection Of Construction (Aug 1996)

E.2 CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

http://www.acquisition.gov/

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

SECTION F--DELIVERIES OR PERFORMANCE

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

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

FAR 52.211-18 Variation In Estimated Quantity (APR 1984) FAR 52.242-14 Suspension Of Work (APR 1984) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay Of Work (APR 1984)

F.2 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

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

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]_ 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 _9/30/2023______. The time stated for completion shall include final cleanup of the premises.

F.4 WORK PLAN

This work plan shall be submitted electronically and include:

• the appropriate health and safety plan,

• quality assurance plan,

• statement of how the work will be performed,

• a listing, along with the qualifications, of the personnel (including any sub-contractors) http://www.acquisition.gov/ who will be working on the project, and

• a work schedule.

For multi-phased projects, additional work plans and/or estimates will be required prior to the start of the next phase. All work plans must be approved in writing by the Government prior to commencement of that phase of the work.

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled and held within __5__days after the date of contract award. The conference will be held __over the computer using Microsoft TEAMS___.

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

(1) The Contracting Officer (CO) will designate the Contracting Officer's Representative (COR).

(2) 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 CO prior to completion of the contract.

(3) The CO 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. (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.)

(4) On all matters pertaining to the contract terms the Contractor must communicate with the CO.

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 CO should be notified immediately, preferably in writing if time permits. Proceeding with the work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3. CONTRACTING OFFICER’S REPRESENTITIVE

Name: Brennan Bailey Address: Malheur National Forest-Emigrant Ranger District 265 US Highway 20 Hines, OR 97738 Telephone: 541-589-4803 (cell)

G.4 GOVERNMENT TECHNICAL MONITOR (GTM)

The CO may delegate duties for inspection and contract compliance to a Government Technical Monitor (GTM). The GTM is responsible for checking the Vendor's compliance with the technical specifications and contract terms and conditions. The delegation must be in writing and provided to the Vendor.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: __Project Manager/Abatement Supervisor _____.

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

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

H.2 FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I ( NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will-

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 ; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1- 1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

Alternate I ( Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or

(b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.3 FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR

PROPERTY DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

H.4 PROJECT CONDUCT

It is extremely important that inappropriate behavior be recognized and dealt with promptly. Inappropriate behavior is all forms of harassment including sexual and racial harassment. HARASSMENT IN ANY FORM WILL NOT BE TOLERATED. Nonprescription unlawful drugs and alcohol are not permitted at the project site. Possession or use of these substances will result in the Contractor being released from the Project. Though Marijuana and CBD may be legal in the state of Oregon they are NOT allowed on Federal property or while working on a Federal contract. Federal law categorizes Marijuana as a controlled substance under Schedule 1 under the Controlled Substance Act, meaning knowingly or intentionally possessing the drug is illegal. Drug or alcohol abuse resulting in unfitness for duty will normally result in the Contractor being released from the project. During off-project periods, personnel are responsible for proper conduct and maintenance of fitness for duty. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

H.5 USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer.

A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

The Contractor shall request permission (in writing) from the appropriate Ranger District to use campsites. If permission is granted, the District Ranger's letter shall specify all conditions and requirements. It is further stipulated that in addition to clean-up of any camp sites, the Contractor is required to remove all his equipment from National Forest land before final acceptance and payment of the project.

Portable chemical toilets, self-contained holding tanks, approved pit or vault toilets which meet State Code are required.

H.6 NOTIFICATION OF SUBCONTRACTING

(1) The Contractor shall notify the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

(a) The name, address, and telephone number of the subcontractor on SF 1413.

(b) The date upon which the subcontract was entered into and its duration

(c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

(d) Documentation of the subcontractor's representative authority.

(e) Government has the right of refusal of a subcontractor if the CO has previous knowledge of negative past performance issues.

(2) Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

H.7 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government

H.8 SUPERINTENDENCE BY THE CONTRACTOR

At all times during the performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the work a competent represented superintendent who has authority, in writing, to act for the Contractor.

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

H.9 AGAR 452.236-70 EMERGENCY RESPONSE, FIRE SUPPRESSION AND LIABILITY

(NOV 2021)

(a) 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). This is considered to be within the general scope of the contract. An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4 or 52.212-4 (c) Changes.

(b) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR 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. 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, subcontractors, or employees subject to the fire classifications listed in subsection (c).

(c) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An “operations fire” is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse the Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [$0.00]. The cost of the Contractor's actions, supplies, and equipment expended or used on suppressing any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum.

If the Contractor's actual cost exceeds the contractor's maximum obligation stated above, the Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. The Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the Forest Service, on any fire on the contract area other than an operations fire or a negligent fire.

(d) 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.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor’s obligations shall be the same as if performance was by the Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

H.10 INVOICING

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors to establish your account.

H.11 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405- 5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

https://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

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

https://www.usda.gov/da/ocp/ppd/policies-regulations/usda-far-class-deviations

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations/usda-far-class-deviations

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (MAR 2023) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

Alternate I (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

Malheur National Forest Allison Guard Station Hazardous Materials Remediation

I.2 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds ( Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds ( Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

https://www.acquisition.gov/far/28.102-1#FAR_28…