DBNF ROAD CONSTRUCTION MATOC SOL.pdf

12445123R0009 and 12445123R0010 MATOC DBNF Road Construction

Table of Contents

PART I—THE SCHEDULE

SECTION B - CONSTRUCTION PRICES/COSTS

SECTION C – Statement of Work

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

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

SECTION M--EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SECTION B - CONSTRUCTION PRICES/COSTS

1. LOCATION OF WORK

Offerors are invited to submit a proposal in response to this Request for Proposal (RFP) for a multiple award task order contract (MATOC) for road and bridge construction for various locations on the Daniel Boone National Forest AND by USDA agencies in Northern and Southern Kentucky. Proposed work includes highway, street, bridge, and other heavy and civil engineering construction. Work includes new construction, reconstruction, renovations. These projects will be primarily under the following NAICS code: 23731.

Construction. Culvert installation will be primarily to replace failed or damaged culverts; however, new locations may also be required. This activity is considered construction, and Davis-Bacon wage rates apply.

THE CONTRACTOR MUST RESPOND TO EACH SOLICITATION FOR THE DESIRED ZONE.

Contractors are to price the entire zone for Construction. Zones will not be subdivided at the district level.

Location(s): The USDA-FS will be the primary user. The contractor SHALL be able to provide the construction services in the entire USDA-Forest Service “pool” area (Forest Boundaries) and in USDA North/South Areas when possible.

Forest Details:

Daniel Boone National Forest

- Map for reference:

o Northern Area Competitive Pool includes (up to Four Contracts):

Cumberland District London District o Southern Area Competitive Pool includes (up to Four Contracts):

Redbird District Stearns District

2. DOLLAR VALUE OF PROJECTS- BONDING PURPOSES

The total aggregate value of the MATOC is:

12445123R0009 North Zone ceiling shall not exceed $8,000,000.00.

12445123R0010 South Zone ceiling shall not exceed $8,000,000.00.

Bid bonds are not required for MATOC holders.

Payment and Performance bonds are required for all projects over $35,000. Based upon historical data, the contractor shall be able to provide single task order bonds up to $1M. The contractor should be able to obtain bonds for an aggregate of ongoing projects up to $8M.

offerors must provide sufficient documentation to verify this level, such as a letter from their bonding company stating the offeror's bonding capacity.

3. ITEM DESCRIPTION, CONTRACT LINE ITEMS

Included as part of this request for proposal are:

1. SAMPLE TASK ORDER SCHEDULE B. The Sample Schedule B are items that you will most likely encounter on routine projects. The contractor shall price these items for the office designated location (Again, this is a sample, so no site visit/spec are to be issued)

a. Government Use – This sample will be used to determine overall competitiveness within the zone pool. IT IS NOT PRE-PRICED SERVICES TO BE USED FOR

CONTRACTING PURPOSES.

2. FUNDED SEED PROJECTS or UNFUNDED SAMPLE PROJECTS. Either fully funded “seed” projects OR an unfunded, previously completed project shall be quoted by the contractor.

OFFERORS SHALL SUBMIT A SEPARATE PROPOSAL FOR EACH SEED CONSTRUCTION PROJECT.

These projects will be listed in Section J. Award of these initial task orders is reserved for the contractor(s) offering the lowest overall price among the successful offerors of this solicitation. These task order seed projects will also be used for the overall evaluation of the reasonableness, realism, and balance of an offeror's price proposals. (See FAR 15.304 (c) (1)).

REQUIREMENTS: OFFERORS MUST BE REGISTERED TO SAM IN ACCORDANCE WITH FAR 52.204- 7 AND RESPOND TO ALL INSTRUCTIONS INCLUDED IN SECTION L. OFFERORS WHO FAIL TO MEET THESE

REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C – Statement of Work

1. OVERVIEW

This solicitation will result in Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) as best meets the needs of the Government based on technical capability, past performance, and price. These contracts will have a one-year base period, which runs through March 2024 and two, two-year option periods, which if exercised could extend contract performance through Mar 2028. There is no guarantee that any options will be exercised by the Government. The Government shall place orders totaling a minimum of $2,000.00 to each awarded contractor, but not in excess $8,000,000.00 in the aggregate, for all awarded contracts.

Individual task orders will be competed among MATOC awardees. The Government expressly reserves the right to limit competition to meet minimum contract obligations or as may otherwise be determined to be in its best interests. The Government reserves the right to adjust the quantity ordered based on the availability of funds.

Offerors may "opt out" of task orders by identifying their reason(s) for not submitting an offer;

contractors who consistently fail to submit an offer on task orders risk not having their option renewed and it may be reflected in future past performance reviews.

2. SCOPE OF CONTRACT

The USDA-FS will be the primary user. The contractor SHALL be able to provide the construction services in the entire USDA-Forest Service “pool” area (Forest Boundaries) and in USDA North/South Areas when possible. The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete road construction projects. Specific requirements and applicable wage rate determinations will be provided with each individual task order issued.

Work associated NAICS of these IDIQ/MATOCs is 237310 Highway, Street, and Bridge Construction and subject to the Davis-Bacon Act. Typical activities incurred along a road that shall be done under a construction contract subject to the DBA: Patching of asphalt or other pavements, replacing culverts, Striping pavements, Rehabilitating/recycling pavements, Fog or chip seals, Major slump/slide removal, Bridge maintenance, and Aggregate surfacing (except minor spot surfacing which could be done under a service contract).

The contractor shall be capable of providing, at a minimum, all the work under the title NAICS/PSC Codes. These are not all encompassing. The major categories of work activities required by the contract include clearing, earthwork, structural embankments, drainage structures, culvert removal/installation (including Aquatic Organism Passage (AOP), Box culverts, Corrugated Metal), culvert inlet/outlet cleaning, road base and surfacing (Blading & Ditching), brush removal, road structure demolition, road structure construction (such as retaining walls and minor bridge work), and road obliteration (decommissioning). Minor bridge work for new construction includes any simple span bridge structure equal to, or less than 80’-0” span length. Bridge superstructure may be precast reinforced concrete, precast-prestressed concrete, or timber. Bridge abutments may be reinforced concrete or timber grade beams, cast-in-place reinforced concrete shallow foundation, precast concrete modular block foundation, geosynthetic reinforced soil foundation, or driven or drilled steel piling foundation with a cast-in-place concrete pile cap.

Competitive Pools. The United States Department of Agriculture (USDA), United States Forest Service (FS) intends to solicit and award up to Four (4) Indefinite Delivery / Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) for road construction activities to cover multiple projects in the State of Kentucky. Each MATOC will correspond to either the North or South zones of the DBNF. The solicitation geographical data zones are:

Solicitation:

12445123R0009 DANIEL BOONE NF/USDA NORTH (associated contract to be completed after award)

1. 12445123D00xx DBNF Road Con North - ___________________________

2. 12445123D00xx DBNF Road Con North -___________________________

3. 12445123D00xx DBNF Road Con North -___________________________

4. 12445123D00xx DBNF Road Con North -___________________________

12445123R0010 DANIEL BOONE NF/USDA SOUTH (associated contract to be completed after award)

1. 12445123D00xx DBNF Road Con South- ___________________________

2. 12445123D00xx DBNF Road Con South -___________________________

3. 12445123D00xx DBNF Road Con South -___________________________

4. 12445123D00xx DBNF Road Con South -___________________________

Daniel Boone National Forest

- Map for reference:

o Northern Area Competitive Pool includes (up to Four Contracts):

Cumberland District London District o Southern Area Competitive Pool includes (up to Four Contracts):

Construction (DBA Wage Applicable). Paved Surfaces and Culvert Installation – Work regarding paved surfaces includes but not limited to patching of asphalt or other pavements, cleaning of cattle guards, striping pavement, rehabilitating/recycling pavements, fog or chip seals, major slump/slide removal, bridge maintenance, aggregate surfacing (except minor spot surfacing which could be done under a service contract). The work to be performed under this contract is comprised of installation of various diameter and sized arch polymeric or aluminum coated corrugated steel pipe as per the schedule of items. The work also includes installation of reinforced concrete pipe and pipe arch equivalents. The work will include all bedding and backfill (borrow) required to complete the work; removal, and disposal of existing culverts off government property; placement of riprap; aggregate road surfacing; and seeding and mulching. Steel culverts 36” in diameter and larger will require step beveled ends when shown on the attached drawings. Culverts 40 feet long and less shall be one continuous pipe segment: no banding.

Culverts longer than 40 feet may be banded. The work consists of activities normally associated with culvert installation. Specifications are attached in Section J.

PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT: Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

PROJECT LOCATION

See Forest specific annex.

GOVERNMENT-FURNISHED PROPERTY

Unless otherwise agreed upon, any Government furnished construction materials incorporated into the work shall be delivered to or near the project site(s) by the Government as identified on the Task Order.

Contractor is responsible for protection of property provided in accordance with FAR 52.245-1.

Specifications Unless otherwise provided in the Contract Documents, the Contractor shall complete work at a minimum as detailed in the following specifications.

FHWA Standard Specifications (FP-14) - Refer to Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects in conjunction with this document. FHWA Standard Specifications (FP-14) at the following website; https://highways.dot.gov/federal-lands/specs

Forest Service Supplemental Specifications (FSSS) which are project specific will amend the GP-14. In general, the use of FSSS typically reduces the scale of requirements identified in FP014 specifications.

Refer to Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects in conjunction with this document. FHWA Standard Specifications (FP-14) at the following website; Standard Specifications (FP-14) | FHWA (dot.gov) https://highways.dot.gov/federal-lands/specs

C.2.1 ROADS TO BE MAINTAINED

The Forest Service, States, and Counties have construction responsibilities over roads located within the boundaries of the Specified national Forest. The Forest Service has the authority to perform construction on all Forest Service roads, including roads which are the responsibility of the State(s).

Service Level Chart

Level Description

Roads that provide a high degree of user comfort and convenience. The road is normally double lane, paved, and requires the lowest level of repair.

Roads that provide a moderate degree of user comfort and convenience at moderate speeds. The road is normally double lane, aggregate surfaced.

Roads open and maintained for travel by a prudent driver in a standard passenger car.

User comfort and convenience are less than higher level roads. The road is normally one or one and half lane, paved or aggregate surfaced.

Roads open for use by high-clearance vehicles. Passenger car traffic is discouraged. The road is normally one or one and half lane, aggregate or native material surfaced.

These roads are closed, but some intermittent or seasonal use may be authorized. When closed, the road must be physically closed with barricades, berms, gates, or other closure devices. When open, the road may be maintained at any other level.

Method of Measurement:

Measurement for aggregate shall be made to the nearest rounded ton. The Contractor shall supply acceptable weight tickets or batch tickets for each task order showing aggregate quality, gradation, source, gross, tare and net weights when requested by the CO or COR.

C.2.4.2 Paved Roads All rocks larger than 1 inch in diameter, all woody material larger than 1/4 inch in diameter, all woody material larger than 4 inches in length, all domestic waste, and all debris deposited onto the shoulder or travel way as a result of this activity shall be removed.

C.2.5 RIPRAP STONE PLACEMENT

This activity includes providing and placing riprap for bank protection, slope protection, drainage structures, and erosion control. The Contractor shall place riprap material by methods that do not cause segregation or damage to the prepared surface. The Contractor shall obtain a compact uniformly thick blanket with a reasonably smooth surface and edge line or perimeter

The Contractor shall perform erosion control on utilizing riprap, approved seed application, tree seedling planting, hillside fencing, check dam installation, water bar construction, or other methods specified in the task order.

Method of Measurement:

Measurement for rip-rap shall be made to the nearest rounded ton. The Contractor shall supply acceptable weight tickets or batch tickets for each task order showing aggregate quality, gradation, source, gross, tare and net weights when requested by the CO or COR.

C.11 CULVERT REPLACEMENT

The new or replaced culvert shall be constructed with inlet and outlet channels that have a free flow of water. Bedding material shall be placed the entire length of the new or replaced culvert.

Culvert cleaning, including box culverts, includes removing soil, leaves, rock, vegetative matter, foreign matter and other debris from the culvert interior, catch basin, inlet and outlet ditches. When applicable, culvert drain holes (i.e., in concrete decks) shall be cleared of any debris. Culvert inlets and outlets shall be cleaned of any debris, mud, rock, silt or other obstruction no less than 3 feet into the inlet and outlet.

Debris and materials including broken or dislodged brush, limbs and logs under the culvert and within the stream channel shall be cleared to a distance of 10 feet past wing walls or 10 feet past the last culvert feature, whichever is further. Work shall ensure unobstructed flow to, through and away from the culvert, minimizing erosion and other resource damage.

Unsuitable material removed from culverts shall not be reclaimed onto the road. Waste material removed shall not be deposited in piles either on the road, or slopes but shall be distributed evenly to match the original surface grade. Care will be taken so that debris cannot easily re-enter the culvert, catch basin, or ditches. Cut material shall be disposed of by scattering debris into wooded areas beyond the travel way and mowed boundaries and shall not be left in mounds or piles. No disposed materials shall be left in a ditch, drainage or creek or within 20 feet of such.

All damaged, degraded, or nonfunctional material, culverts, or hardware in need of additional maintenance, repair or replacement shall be brought to the attention of the COR prior to completing the task order.

C.11.1 Identification Culverts to be maintained shall be identified by the Contractor during grading operations. Culverts to be replaced shall be identified by task order.

C.11.2 Torque Specifications All bolted connections shall be confirmed “snug” tight. “Snug” tight is defined as 40 to 60 foot pounds of torque. Under no circumstance shall the Contractor over torque or strip bolted connections.

Guardrails are considered a bridge or box culvert component or feature and include the guardrail within 50 feet of the bridge or box culvert measured from the center of the bridge or box culvert.

All damaged, degraded, or nonfunctional material, signs, or hardware in need of additional maintenance, repair or replacement shall be brought to the attention of the COR prior to completing the task order.

EQUIPMENT

All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. All repairs to equipment under this contract shall be made and paid for by the Contractor. Equipment may be owned, rented, or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. If using equipment on multiple Task Orders at one time, or if there are long mobilization distances between sites on the same Task Order, the Contracting Officer may require cleaning of equipment between the project sites.

Upon concurrence from the Contracting Officer or COR, certain areas on the Forest may be used on a case-by-case basis for storage of equipment and/or materials during active performance periods. The Contractor shall be responsible for protection of items stored on Government property and shall ensure adequate safety measures are maintained at such sites.

TECHNICAL SPECIFICATIONS

Specifications for work will be in the most current edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) and associated supplemental specifications will be issued with each Task Order.

All culverts will be subject to compaction method ‘B’ and all steel pipe culverts will be polymer coated.

Item Nos. 60211(18), 60211(24), 60211(30), 60211(36), 60211(48), 60253(21), 60253(28), 60253(35), 60253(42) and 60253(49) will have 2 2/3” x 1/2” corrugations.

Item Nos. 60211(60), 60211(72), 60253(53), 60253(66) and 60253(81) will have 3” x 1” corrugations.

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price; include bond payments under

151.01 Mobilization.

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

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

(End of Clause)

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

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

(End of Clause)

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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

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 the date indicated in individual task orders. The time stated for completion shall include final cleanup of the premises.

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by date specified in the task order. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is an indefinite-delivery indefinite quantity contract for a basic period of performance from date of award through March 30, 2024, plus two additional two-year option period. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised.

Period of Performance Base: Date of Award through 30 March 2024 Option ONE: Apr 01, 2024 – 30 Mar 2026 Option Two: Apr 01, 2026 – 30 Mar 2028

(End of clause)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 21 days after the date of contract award. The conference will be virtual via Microsoft Teams or other virtual meeting software.

G.l INVOICES SHALL BE SUBMITTED TO:

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

The successful offeror shall register at https:l/www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 OTHER REQUIREMENTS

CSA Team Lead or designated CS representative will administer this IDIQ.

Any warranted USDA contracting officer may award task orders for work with the scope of these contracts, and within their warrant authority.

A Contracting Officer Representative (COR) shall be appointed for individual task orders; authority and responsibilities shall be defined on a delegation letter issued upon task order award. This delegation shall also contain his/her contact information.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H1. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

H.1.1 REQUESTS FOR PROPOSALS. When the Government requires work under the MATOC, a Notice of Proposed Task Order Request for Proposal will be issued VIA EMAIL ONLY. Performance and payment bonds shall be required for Task Orders in accordance with applicable PERFORMANCE AND PAYMENT BONDS and ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS clauses.

H.1.2 COMPETITION. Task Orders will be awarded based on Fair Opportunity, FAR 16.505(b)(I ).

MATOC awardees will have a fair opportunity to be considered for a task, order exceeding $3,500, unless an exception applies. Under the MATOC contracts, the Government reserves the right to accept other than the lowest priced offer and to reject any or all offers. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts.

• COMPETING FOR A TASK ORDER. The Contracting Officer will ensure that each awardee receive a fair opportunity to be considered for each order. It is expected that MATOC contractors will submit proposals for all RFP notices received. In the event a Contractor is unable to submit an offer in response to an RFP notice, the Contractor shall notify the Contracting Officer via return email. Failure to respond or compete for projects may be considered failure to make progress or perform and will be a consideration for option year renewal.

Competitive Pools

12445123R0009 DANIEL BOONE NF/USDA NORTH (associated contract to be completed after award)

5. 12445123D00xx DBNF Road Con North - ___________________________

6. 12445123D00xx DBNF Road Con North -___________________________

7. 12445123D00xx DBNF Road Con North -___________________________

8. 12445123D00xx DBNF Road Con North -___________________________

12445123R0010 DANIEL BOONE NF/USDA SOUTH (associated contract to be completed after award)

5. 12445123D00xx DBNF Road Con South- ___________________________

6. 12445123D00xx DBNF Road Con South -___________________________

7. 12445123D00xx DBNF Road Con South -___________________________

8. 12445123D00xx DBNF Road Con South -___________________________

Daniel Boone National Forest

- Map for reference:

o Northern Area Competitive Pool includes (up to Four Contracts):

Cumberland District London District o Southern Area Competitive Pool includes (up to Four Contracts):

H.1.3 SITE VISITS. Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the Government. In SOME cases, walk-throughs will be determined mandatory for a contractor to submit a proposal such requirement shall be stated in the RFP notice. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-throughs or other pretask order costs.

H.1.4 PROPOSAL CONTENTS. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFP notice. Contractors shall respond within the number of calendar days stated in the RFP notice by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP notice. Some task orders may require the submission of a technical proposal. If required, this will be noted in the RFP notice.

H.1.5 CONTRACT PRICES-SCHEDULE OF ITEMS. The Government's payment for the items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor for( I) Furnishing all plant, labor, equipment, services, materials, and expertise; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The .

Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

H. I .6 EVALUATION METHOD AND PROCEDURES. The primary technical and price criteria will vary depending on the unique requirements for each task order. The Contracting Officer may develop evaluation criteria which reflect the instant requirement and contracting environment. Examples of these criteria are past performance on prior task orders under the MA TOC contract, which includes quality and timeliness, special expertise, or other factors the Contracting Officer determines are relevant to award of a particular task order and the unit's status of achieving small business goals/targets. In making decisions in award of any individual task order, the Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFP notice will describe the criteria to be utilized in evaluating task order proposals

H.1. 7 DISCREPANCIES IN THE EVALUATION OF OFFERS SUBMITTED IN RESPONSE TO RFP NOTICES FOR

INDIVIDUAL TASK ORDERS.

a. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (I) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

c. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

H.1.8 EVALUATION OF OPTIONS (FAR 52.217-S)(JUL 1990). Except when it is determined in accordance with FAR l7.206(b) not to be in the Government's best interests, the Government will evaluate offers for the purpose of awarding task orders by adding the total price for all optional line items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional line items .

H.1.9 A WARD DECISION. Whenever possible, award will be made without discussions. If discussions are required, each MA TOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RFP notice. The awarded Task Order will be firm fixed-price with a specific number of calendar days for completion. When optional line items are included in the Schedule, the Task Order will specify the timeframe for exercising the Options.

H.1.10 TASK ORDER ISSUANCE. Task Orders will be issued on SF 1442 or OF 347, depending on the dollar value of award and will normally be transmitted by email. The Task Order becomes binding when the Contracting Officer signs the order. A Notice to Proceed (NTP) will be issued separately after receipt of required performance and payment bonds. Appropriate proof of Insurance must be in place before work commences. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

H.1.11 PROTESTS. In accordance with FAR 16.505(a)( 10), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

H.1.12 OMBUDSMAN. If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman, who is the Head of the Contracting Activity. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

H.1.13 PLANS AND SPECIFICATIONS. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issuance of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as email or CD ROM, at its option.

H.2 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS. In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures shall be used in accordance with FAR I 6.505(b )(2):

H.2.1 CIRCUMSTANCES PERMITTING SOLE SOURCE ORDERS. All MATOC Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

a. An urgent need exists, and seeking competition would result in unacceptable delay

b. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

c. A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed (e.g. site adapt a competed design)

d. To satisfy contract minimum award obligations.

H.3 GENERAL WAGE DECISIONS.

Applicable Davis-Bacon wage rates will be identified for all task orders issued under this contract.

H.4 AVAILABILITY OF FUNDS.

The Government may request proposals for which funding is not currently available for the award (which will be noted in the request for proposals). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the proposal acceptance period, the Government may request an extension of the contractor's proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. ( 1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

452.228-71 Insurance Coverage (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $500K/$500K 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.

452.237-74 Key Personnel (FEB 1988)

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

General Manager Quality Control Manager Engineering Professionals Project Manager Land Surveyor Project Safety Manager/Officer

(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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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: Policies & Regulations | USDA

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 (NOV 2021) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights & Requirements 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 Postconsumer Fiber Content 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) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (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 (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)noted in the 52.212-5 service clause 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) same as above 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)same as above 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) same as above 52.210-1 Market Research (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020)need to reread this in service 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (JUN 2020)

52.215-12 Subcontractor Certified Cost or Pricing Data (JUN 2020) 52.215-13 Subcontractor Certified Cost or Pricing Data (JUN 2020) 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JUL

2005) 52.215-19 Notification of Ownership Changes (OCT 1997) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

(NOV 2021)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

– Modifications (NOV 2021) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (NOV 2021) 52.219-10 Incentive Subcontracting Program (OCT 2014) 52.219-14 Limitations on Subcontracting (SEP 2021) [Contracting Officer check as appropriate.] ☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 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) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing

Method) (AUG 2018) 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 (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 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) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP

2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG

2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (JUN 2000) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (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 (NOV 2021) (DEVIATION APR

2020) 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) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (Sept 2019) 52.244-2 Subcontracts (JUN 2020) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) (DEVIATION APR

2020) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of

Improvements) (APR 2012) 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) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued through the period of performance

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be…