CompleteSolicitation.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1240BH21R0010

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

7 April 2021

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

1029617

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

PROCUREMENT AND PROPERTY SERVICES, NORTHWEST

ZONE, CSA 6

3200 SW JEFFERSON WAY

CORVALLIS, OREGON 97331

Email or Fax Submission Only Note: Due to COVID-19 all proposal documents must be emailed to sm.fs.conwest@usda.gov or faxed to 866.230.8120.

9. FOR INFORMATION

CALL:

A. NAME

CONTRACTING OFFICE

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(541) 750-7116

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):

RFP 1240BH21R0010

HORSE CREEK WORK CENTER WATER LINE REPLACEMENT

WILLAMETTE NATIONAL FOREST

Price Range The Government's estimate is between $250,000 and $500,000.

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN

SMALL BUSINESSES WILL BE REJECTED.

11. The Contractor shall begin performance within 30 calendar days and complete it within 6/13/2022 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See F-2.)

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

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

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 8 by 4:00 PM local time 05/06/21 . 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 _60 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) mailto:sm.fs.conwest@usda.gov

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.

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, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications 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)

HORSE CREEK WORK CENTER WATER LINE REPLACEMENT

WILLAMETTE NATIONAL FOREST

MCKENZIE RIVER RANGER DISTRICT

LANE COUNTY, OR

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

ITEM NO. DESCRIPTION MOM UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL

012000-1 Mobilization LSQ LS 1 n/a $

021000-1 Site Preparation LSQ LS 1 n/a $

021000-2 Pavement Saw Cut AQ LF 980 $ $

021000-3 Pavement Removal AQ SF 2600 $ $

021000-4 Fire Yard Hydrants Removal - Salvage AQ EA 9 $ $

021000-5 Valve Boxes Removal - Salvage AQ EA 11 $ $

021000-6 3 / 4 Inch Hose Bib Standpipe Removal AQ EA 8 $ $

025000-1 3-Inch Thick Asphalt Pavement AQ TON 72 $ $

027000-1 Connection to Existing WM LSQ LS 1 n/a $

027000-2 3 Inch HDPE Water Main Open Trench AQ LF 2770 $ $

027000-3 2 Inch HDPE Water Main Open Trench AQ LF 183 $ $

027000-4 1 Inch Service Line Open Trench AQ LF 1010 $ $

1240BH21R0010

027000-5 Service Line Connection AQ EA 16 $ $

027000-6 Water Main Carrier Pipe (Sleeve) AQ LF 110 $ $

027000-7 3 Inch Gate Valve & Box AQ EA 4 $ $

027000-8 2 Inch Gate Valve & Box AQ EA 1 $ $

027000-9 3 / 4 Inch Hose Sanitary Yard Hydrant AQ EA 9 $ $

027000-

Fire Yard Hydrant (Relocate) AQ EA 2 $ $

027000-

Air Release Valve Assembly AQ EA 2 $ $

027000- 12 6 Inch Diameter Bollard AQ EA 1 $ $

027000-

Pumphouse Chlorine Analyzer LSQ LS 1 n/a $

027000- 14 Pumphouse Plumbing LSQ LS 1 n/a $

027000-

Replace Well Pump and Motor LSQ LS 1 n/a $

027000- 16 Well Backup Generator LSQ LS 1 n/a $

027000-

Bunkhouse Chlorine Analyzer LSQ LS 1 n/a $

027000-

Equipment Training 3 Hours LSQ LS 1 n/a $

033000-1 Concrete Pavement AQ CY 2 $ $

TOTAL BASE

BID ITEMS: $

ALTERNATIVE ITEMS

(Piping Material / Construction Methods):

027000-

3 Inch PVC Water Main Open Trench AQ LF 2770 $ $

027000-

2 Inch PVC Water Main Open Trench AQ LF 183 $ $

027000-

3 Inch HDPE Water Main Boring AQ LF 60 $ $

027000-

1 Inch Service Line Boring AQ LF 120 $ $

Notes:

Alternative Items will not be awarded in addition to Base Bid Items, but will be considered by CO to replace items in the Base Bid (all or in part) where piping materials or construction methods are determined necessary or advantageous to the project.

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 Mobilization.

For technical questions contact Jeff Caswell at jeffrey.caswell@usda.gov or 541.228.8190.

DUNS Number________________________

EMAIL ______________________________

NOTE: prospective awardee shall be registered and active in the System for Award Management (SAM) data base when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment of a contract resulting from this solicitation. Information on registration may be obtained via the internet at: http://www.sam.gov. All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM system. If at the time of receipt of offers, an Offeror is not actively and successfully registered in the SAM database, the Government reserves the right to award to the next prospective Offeror.

mailto:jeffrey.caswell@usda.gov

C-1 SCOPE OF CONTRACT

The work of this Contract includes all labor, equipment and materials required to replace the existing water system at USFS Horse Creek Work Center located on the Willamette National Forest. This project will:

1. Abandon the existing water system (3-Inch diameter main line water pipe) and install approximately 2,770 feet of new 3-inch main line water pipe. Connect existing buildings and new freeze-proof yard hydrants to new main line water pipe. Piping shall be open trench High Density Polyethene (HDPE) pipe material with alternatives to use Polyvinyl Chloride (PVC) pipe material and horizontal boring. Most trenching will be outside of paved areas with limited asphalt and concrete paving to replace removed pavement. Water valves with valve boxes and air release valves will be installed. There are no vaults or water meter work.

2. Install two new Chlorine Analyzers with data loggers.

3. Install new by-pass piping at well in pump house.

4. Replace existing well pump and starter with same size equipment and operation.

5. Install new propane back-up generator for well pump at pump house (exterior stand-alone unit).

C-2 PROJECT LOCATION

The physical address is 91751 Horse Creek Road, McKenzie Bridge, Oregon 97413. From Springfield Oregon, travel east on OR-126 for approximately 51 miles. Travel through the town of McKenzie Bridge.

Turn right onto Horse Creek Road. Travel for approximately one-third mile.

C-3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government's estimate is between $250,000 and $500,000.

C-4 APPLICABLE SPECIFICATIONS (CSI PROJECTS)

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

C-5 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR

452.211-73 (FEB 1988)

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

C-6 STATEMENT OF WORK/SPECIFICATIONS (452.211-72) (FEB 1988)

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

C-7 BIO-PREFERRED PROGRAM REQUIREMENTS

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 meeting the health and environmental specifications.

Operations and Maintenance Penetrating Lubricants Greases Gear Lubricants Pneumatic Equipment Lubricants Fuel Conditioners Gasoline Fuel Additives Hydraulic Fluids Safety Equipment (Protective Helmets)

Construction Dust Suppressants Concrete/Asphalt Release Fluids Asphalt Restorers Asphalt/Tar Removers Traffic/Zone Marking Paints Erosion Control

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.

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 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.

C-8 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

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

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

(End of clause)

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E-4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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

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.arnet.gov/far/

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

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 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 13 June 2022. The time stated for completion shall include final cleanup of the premises.

Estimated start work date is 13 September 2021.

F-3 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 siltation of streams, 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 but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by 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.

1240BH21R0010

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

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 7 days after the date of contract award. The conference will be held via phone or Microsoft TEAMS or a mutually agreed upon location.

G-2 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (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 or 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 assignments which were issued by the COR provided they do not affect the delivery schedule or the 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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PHYSICAL DATA (FAR 52.236-4)(APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: No site-specific testing done. Soils are typical of area. Refer to USDA National Cooperative Soil Survey (NCSS) for soil survey information available online https://websoilsurvey.nrcs.usda.gov

(b) Weather conditions: None

(c) Transportation facilities: Access to property is from asphalt paved public road.

H-2 PRODUCT SUBSTITUTION

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1) Itemized comparison of the proposed substitution with product specified; list significant variations.

2) Data relating to changes in construction schedule.

3) Any effect of substitution on separate contracts.

4) List of changes required in other work or products.

5) Accurate cost data comparing proposed substitution with product specified.

6) Proposed amount of change to the contract.

7) Designation of required license fees or royalties.

8) Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item.

Provide specified item if substitution proposal is rejected.

H-3 CONTRACTOR’S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-4 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING

REPORTS

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal Site Piping Products 027000 7 Days

Operation and Maintenance Manual 027000 7 Days Schematics of new work 027000 7 Days

Well Pump Data and Curves 027000 7 Days Product Data 033000 7 Days

Utility Location Plan 312316 7 Days

Shop Drawings The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

NONE

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

Title Referenced by Specification No.

Design Mixes, tests and certifications 025000

Pressure Text & Lab Test 027000 Materiel Source & Tests 312316

H-5 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-6 LANDSCAPE PRESERVATION

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

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

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

H-7 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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) below.

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, without additional charge, 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 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.

H-8 CONSTRUCTION STAKES, LINES, AND GRADES

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting

Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-9 CONTRACTOR’S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-10 TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-11 CONTROL OF MATERIAL

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense.

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-12 POTENTIAL SAFETY HAZARDS

(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[X ] Confined space entry.

[X ] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[X ] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X ] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[X ] Fire hazards.

[X ] Hazardous materials handling.

[X ] Electrical hazard.

[X ] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X ] Mechanical hazards such as pulleys, springs, etc.

[ ] Other __________________________________

(End of clause)

H-13 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

Indicate any other special conditions, site restrictions, or use limitations on this project including, but not limited to, the following:

Contractors are strongly encouraged to visit this project site prior to submitting their offer to verify the details of the plans, including the location of the project and proposed improvements, existing conditions, vehicle maneuver clearances, actual distances, feasibility of the work as described, etc.

Contractor shall have limited access to electrical power outlets and domestic water hose bibs for construction. No modifications of systems are allowed. Contractor shall coordinate with Utility Company and/or provide equipment for additional utility needs. Restrooms are not available.

Construction shall occur on weekdays between 7:00AM and 6:00PM, excluding federal holidays. The

Contractor shall provide weekly schedules of construction activities and coordinate required inspections with the CO 48 hours minimum in advance. Coordinate trenching and backfilling schedule with CO.

Covering trenches prior to inspection or acceptance of system will be at sole risk of the contractor if a portion of the system fails pressure testing or measurements have not occurred, trench may need to be reopened.

The Contractor shall note that the compound will remain open during construction. Contractor shall also take reasonable measures and planning to minimize downtime of site utilities and facilities. Notify the CO 48 hours minimum in advance of when shutdowns are expected to occur.

This project site is accessible by wheeled vehicle from two driveways with no gates but is not open for public access. FS employees reside on this compound along with workers accessing warehouses. The Contractor shall provide temporary vehicle barriers /chains / cables to prevent vehicle access or trench steel plate covers when contractor is not on-site if there are open trenches or there are safety, or potential hazards to public.

H-14 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

Spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) Yellow starthistle (C. solstitialis) gorse (Ulex europaeus) Rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) Purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) Scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H-15 FINAL CLEANUP

Contractor shall remove and dispose of all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to, camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the road construction, all stakes, old culverts, flagging and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

H-16 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein) and approved by the Forest Service may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-17 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury,. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015)

1240BH21R0010

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.210-1 Market Research (JUN 2020) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 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 2012) 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 (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave Under…