Sol_L15PS00505.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

See Schedule

BLM CA-STATE OFC BUS SVC BR (CA944)

2800 COTTAGE WAY, SUITE W-1834

SACRAMENTO CA 95825

LCA

Julia B Lang 916-978-4527

1x 06/26/2015

L15PS00505

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

CDD 2015 AML REMEDIATION PROJECTS

SF 1442 Solicitation Continuations

Schedule of Items

Cargo Mtn.

Silver Mtn.

Statement Of Work

Cargo Mtn.

Silver Mtn.

Drawings and Pictures

Wage Rates DVB

CA2 _Imperial County

CA37_ San Bernardino County

Price Range is $200,000 to $300,000

Set-aside for Small Business under NAICS code 238990

The small business size standard is $15.0 M.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

Page 2 Block B Supplie/Service

07/24/2015

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

BLM CA STATE OFC BUS SVCS (CA944)

2800 COTTAGE WAY, SUITE W-1834

SACRAMENTO CA 95825

LCA

Julia B Lang

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

L15PS00505

FOB: Destination

Period of Performance: 08/01/2015 to 08/30/2016

00010 Cargo Mountains AML

Requisition No: 0040209533

00020 Silver Mountains AML

Requisition No: 0040207446

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

Sponsored by GSA

FAR (48 CFR) 53.110

Soliciation No. L15PS00505

CDD 2015 AML REMEDIATION

SF 1442 Continuation

TABLE OF CONTENTS

SECTION TITLE PAGE

Part I The Schedule A Solicitation / Award (Construction) 1 2 B Supplies or Services and Price/Costs 1 C Description/Specifications 1 D Packaging and marking 1 E Inspection and Acceptance 2 F Deliveries or Performance 2 G Contract Administration Data 3 H Special Contract Requirements 6

Part II Contract Clauses I Contract Clauses 13

Part III List of Documents, Exhibits, and Other Attachments J List of Attachments 27

Part IV Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 28 2

L Instructions, Conditions, and Notices to Offerors 31 M Evaluation Factors for Award 37

PART I—THE SCHEDULE

SECTION A - AWARD

(SEE FORM SF 1442 Solicitation / Award (Construction)

GENERAL STATEMENT

Abandoned Mine Lands (AML) workings pose potential physical safety hazards to the public and our employees.

There is a need to remediate these hazards to protect the public from dangerous abandoned mine workings (referred to as “features”).

The BLM is soliciting proposals from businesses with abandoned mine land remediation experience.

Specifically, we are looking for contractors who provide design, fabrication and installation of remediation of physical safety hazards associated with the abandoned mines. The projects are located in Imperial and San Bernardino Counties within jurisdiction of the Bureau of Land Management’s (BLM) California Desert District Office.

If interested in the project, contractors shall submit a price to the contracting officer (CO) in response to the scope of work, per the schedule of items of the contract. There are biological restrictions for the work, ie., bat maternity season. The maternity season typically lasts between April 1 to September 1. The period of performance will be one year from the award date.

SECTION B - SCHEDULE OF ITEMS –

See attachments in Section J (Attachment 1 - Schedule of Items for Cargo Mtn and Silver Mtn)

PERFORMANCE TIME: 365 days.

THIS SOLICITATION IS SMALL BUSINESS SETASIDE.

TYPE OF CONTRACT: Firm Fixed Priced (FFP), with one (1) or two (2) Awards based on the two (2) Schedule of Items in Section B.

BOND REQUIREMENTS: This project requires 100% payment bond or payment protection; and 100% performance bond, as described in Section I, 52.228-15.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See attachments in Section J (Attachment 2 – Statement of Work for Cargo and Silver)

SECTION D – PACKAGING AND MARKING –

(Included in Attachment 2 - Statement of Work)

SECTION E – INSPECTION AND ACCEPTANCE

Full text of CLAUSES AND PROVISIONS may be found at: http://acquisition.gov/far/index.html and Department of the Interior Clauses: http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Clauses By Reference Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996 52.246-21 Warranty of Construction March 1994 52.246-23 Limitation of Liability February 1997

E.1.0 FINAL INSPECTION AND ACCEPTANCE

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be completed before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection. Acceptance of the work will occur only upon written notice of acceptance by the ordering Contracting Officer or any Warranted Contracting Officer employed by the Bureau of Land Management and performing authorized duties in conjunction with this contract.

SECTION F – DELIVERIES OR PERFORMANCE

Clause Title Date 52.211-13 Time Extensions September 2000 52.242-01 Notice of Intent to Disallow Costs April 1984

F.1.0 CONTRACT TIME

The Contractor shall begin work within 10 calendar days from the effective date of the notice to proceed. The Contractor shall continue performance of the work under the contract without delay or interruption except by causes beyond his control as defined by contract clauses, or by the receipt of a "Suspend Work Order" issued by the Government. Failure to do so may be cause for action under the "Default" clause. The Contractor shall complete all work required within the time specified in the Schedule of Items.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details his proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule should reflect a work progress rate equal to the available amount of contract performance time. The unit sequence work schedule will be determined by the COR at the prework conference and may be subject to change because of normal variations in weather conditions at no change in contract time or price.

http://acquisition.gov/far/index.html http://acquisition.gov/far/index.html http://acquisition.gov/far/index.html http://acquisition.gov/far/index.html http://acquisition.gov/far/index.html http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

SECTION G – CONTRACT ADMINISTRATION DATA

G.1.0 CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

The “Contracting Officer’s Representative (COR)” is delegated expressed limited authority by the Contracting Officer to assist in the technical monitoring and administration of the contract.

G.2.0 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND PROJECT

INSPECTOR

G.2.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.2.2 The COR is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.3.0 PROJECT INSPECTOR DEFINITION

“Project Inspector” means the person designated by the COR to perform, as needed, on-the-job Government inspection of work accomplished by the Contractor.

G.4.0 PRE-WORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

G.5.0 NOTICE TO PROCEED

G.5.1 After award of contract, the CO will issue to the Contractor a written notice to proceed. Issuance of the notice may be delayed for a reasonable time, at the discretion of the Government, if adverse soil, vegetative, or climatological conditions exist.

G.5.2 The Contractor shall perform no preliminary work prior to receipt of the written notice to proceed.

Contract time starts on the effective date of the notice to proceed.

G.6.0 DIAPR 2000-01 NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR

CONTRACTORS, SUBCONTRACTORS, AND LESSORS DECEMBER 1999

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

G.7.0 DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM JULY

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI)has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more pastperformance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows forelectronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past PerformanceInformation Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for eachperson designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award.Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not theContractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected assource selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive a nautomatically-generated email with detailed login instructions.

Further details, systems requirements, and training information for CPARSis available at http://www.cpars.gov The CPARS User Manual, registration for On Line Training for Contractor Representatives, and apractice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered / received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

http://www.cpars.gov/ http://www.cpars.gov/

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(g) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G.8.0 DIAPR 2011-04 INVOICE PROCESSING PLATFORM TREASURY ELECTRONIC INVOICING

SYSTEM 5 AUGUST 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP) "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

Invoice date and Government Contract Number Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due

2. Total amount due for the billing period

3. Certification of Progress Payment

4. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

5. Substantiation of Subcontractor Payment

6. 52.223-9 Certification with final payment request.

7. A Release of Claims (See1452.204-70) with a request for final payment.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, Describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s);

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify thepercentage completed during the month and the cumulative percentage completed;

https://www.ipp.gov/

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each; submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 WORK HOURS

Unless otherwise specified in Section C – Statement of Work, the work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Sunday, or legal National Holidays unless authorized by the COR.

H.2.0 INTERRUPTION OF WORK

H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger.

The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

H.2.3 Threatened or Endangered Species - The CDD has consulted with the US Fish and Wildlife Service on small acreage disturbances (< 2 acres) and a Biological Assessment (BA) is in place that will be used for activities in this contract and is referenced in the TO. The Contractor is bound by the specific instruction in the TO as these instructions are based on the site specific BA. A copy of the Small Acreage BA will be made available to bidders upon request.

Handling of desert tortoise is prohibited.

As an awardee of this contract you will receive information on the desert tortoise and its conservation, its status, the protection it receives under the Endangered Species Act, and the actions that can be taken to avoid killing or injuring desert tortoises when working or recreating in the desert.

The Contractor must ensure that construction activities do not result in harm of desert tortoises.

This includes abiding by a 25 mph speed limit in wash zones, avoidance of all wildlife burrows in open wash zones, checking underneath vehicles and equipment prior to moving them, disposal of trash in predator-proof containers, and limiting use of open wash zones during tortoise active season.

The Contractor must contact the BLM immediately if a desert tortoise is injured or killed by activities associated with the contract. Construction may continue pending a review of the incident by the BLM and the U.S. Fish and Wildlife Service, provided all other stipulations of this contract have been adhered to.

H.2.4 Wildlife - The Contractor at all times shall take appropriate measures to protect wildlife from threat or harm. The Contractor’s employees shall not harass or intentionally cause harm to any wildlife encountered during the activities covered by this contract. Specifically:

Contractor’s employees shall not feed animals.

All trash and debris (especially edible trash) shall be contained in such a way as to prevent the intrusion of animals and all trash shall be removed from public lands at the end of each shift.

Equipment shall be operated in a safe and reasonable manner to prevent injury to animals crossing haul roads or traversing work areas.

Features that have a gate prescribed shall have an internal inspection performed prior to the installation to ensure that bats are not hibernating at the gate location and that desert tortoise are not residing inside the mine at the time of installation.

For features that have a backfill or PUF closure prescribed, the BLM's biologists will take precautions to exclude any wildlife that may be present. The process, which takes several days, allows any wildlife to leave the mine (but not return) at dusk prior to the installation of the closure. If the exclusion has been compromised by the time construction is ready to begin, work must stop and the COR & PI shall be contacted.

For shafts and adits that did not require an exclusion, qualified individuals will enter the mine or look into it with a spot light immediately prior to hard closure to ensure no wildlife are within.

H.3.0 DRAWINGS

H.3.1 Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

H.3.2 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. To review full-size drawings, contact the Contracting Officer.

H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.5.0 KEY PERSONNEL

The Contractor shall assign to this contract a person or persons identified in their technical proposal that shall bethe Contractor Representative, Superintendent/ Foreman, and are responsible for quality control.

The Contractor shall be responsible for providing and maintaining a safe working environment in accordance with all applicable Department of Labor, national consensus standards (including supplements) and the Hearing Conservation Program. Before beginning work at the site the Contractor shall be responsible for thoroughly investigating surface and underground site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

H.5.1 Contractor Representative

The Contractor Representative shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract.

H.5.3 Superintendent/Foreman

The Contractor shall designate a superintendent/foreman for work performed under this contract.

H.5.4 Availability of Key Personnel

Either the Contractor or Contractor Representative shall be available, during normal business hours, within 72 hours (excluding holidays and weekends) to meet on the project area with Government CO and/or the COR to discuss problem areas.

H.5.5 Substitution – Procession Of Work

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract.

Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the quotation accepted. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

H.6.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.7.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.8.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

USDA Biobased product listings published at www.biopreferred.gov.

Energy Star® product listings published at www.energystar.gov/products.

FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts 52.223-4 Recovered Material Certification 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items 52.223-15 Energy Efficiency in Energy Consuming Products 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts http://www.epa.gov/cpg/products.htm http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

H.9.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited.

Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

H.10.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

H.11.0 CAMPING AND WORKSITE CONDITIONS

H.11.1 Camping and Worksite Plan The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work. The Contractor shall be aware of and abide by local BLM camping rules.

H.11.2 Camping Guidelines Except for "special areas" with specific camping regulations, Contractors are welcome to camp anywhere on BLM managed land. Please follow these common sense rules:

• If you camp in a vehicle, you can camp off of any posted Open Route, (but no more than 300 feet) as long as your group does not block traffic on the road or trail. Obey vehicle restrictions for the area.

• This is primitive camping, so do not trench or otherwise modify the ground or remove vegetation to "improve" the camp site. When possible, use an area that has been used for camping before.

• Avoid building new fire rings. If there is one near your site, please use it. From May through October, there may be seasonal fire restrictions requiring fires to be kept small in enclosed structures like barbeques or fire rings. Keep in mind that during extremely hot and dry conditions, fire restrictions may come into effect, allowing no open fires.

• Pack out your trash. As more people come up to enjoy desert camping, it becomes even more important to keep a clean camp and leave your camp site better than you found it!

H.12.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.12.1 Fire Prevention

H.12.1.1 Fire Restrictions The Contractor shall comply with Federal Fire Prevention Regulations and State of California Special Fire Orders applicable to the area. Depending on weather conditions, the Contractor shall be restricted from performing certain operations such as welding or cutting. A copy of these fire restrictions may be obtained upon request at the local BLM Office.

H.12.1.2 Contractor-Caused Fires The Contractor, whether or not directed by the BLM, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.12.1.3 Other Fires For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Fire Control Officer shall place his employees and equipment temporarily at the disposal of the BLM. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the BLM in the area concerned.

H.12.1.3.1 Employee Release Any employees and equipment furnished will be relieved from fire fighting as soon as the BLM finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.12.1.3.2 Equitable Adjustment.

An equitable adjustment in contract time may be made for this period.

H.12.1.4 Spark Arresters Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the BLM. Exceptions where the BLM may approve mufflers or other equipment in lieu of spark arresters qualified are: (a) small multi-position engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester.

Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.12.1.5 Power saws For each power saw used in connection with this contract, the following will be provided: Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

H.12.1.6 Smoking Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.12.1.7 Storage of Fuel and Flammable Products Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the BLM when unusually hazardous conditions exist.

H.12.1.8 Welding Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached shall be immediately available for use in the event of a fire start.

H.12.1.9 Burning.

Burning of trash and/or debris is not permitted under this contract.

H.12.1.10 Fire Tools Required during High Fire Danger Season The operator/contractor shall have available the following fire tools for distribution to all personnel on-site:

NUMBER OF PERSONNEL_____________________

1- 4 5 6 7

KIND / NUMBER OF TOOLS REQUIRED

Pulaskis 1 1 2 2 Shovels 2 2 2 2 McCloud 1 2 2 3

In addition to the above handtools, the operator/contractor will provide a backpack pump can filled with water in a readily available area at the project area. All shovels are to be size 0 or larger, long handled. All tools shall be sharp and ready for service.

Fire extinguishers as follows:

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

PART II—CONTRACT CLAUSES

SECTION I – CONTRACT 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 clauses: https://acquisition.gov/far/loadmainre.html and Department of the Interior Clauses: http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

(Clauses are current through Federal Acquisition Circular 2005-82) Clause Title Date 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, And Recovery Of Funds For Illegal Or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting The Government's Interest When Subcontracting With

Contractors Debarred, Suspended, Or Proposed For Debarment

AUG 2013

52.209-10 Prohibition On Contracting With Inverted Domestic Corporations DEC 2014 52.211-13 Time Extensions SEPT 2000 52.215-2 Audit And Records – Negotiation OCT 2010 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997 52.215-14 Integrity Of Unit Prices OCT 2010 52.219-1 Small Business Program Representations APR 2012 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization Of Small Business Concerns MAY 2014 52.219-28 Post Award Small Business Rerepresentation JUL 2013 52.222-3 Convict Labor JUNE 2003 52.222-4 Contract Work Hours and Safety Standards Act-Overtime MAY 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding Of Funds MAY 2014 52.222-9 Apprentices and Trainees JULY 2005 52.222-10 Compliance With Copeland Act Requirements FEB 1988 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 https://acquisition.gov/far/loadmainre.html http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

52.222-15 Certification of Eligibility May 2014 52.222-20 Contracts For Materials, Supplies, Articles And Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements For Construction FEB 1999 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans Of The

Vietnam Era, And Other Eligible Veterans

JUL 2014

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports On Veterans JUL 2014 52.222-40 Notice Of Employee Rights Under The National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking In Persons FEB 2009 52.222-54 Employment Eligibility Verification AUG 2013 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.227-4 Patent Indemnity -- Construction Contracts DEC 2007 52.227-17 Rights In Data - Special Works DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance – Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests For Bonds MAY 2014 52.228-14 Irrevocable Letter Of Credit MAY 2014 52.229-3 Federal, State, And Local Taxes APR 2003 52.230-2 Cost Accounting Standards MAY 2014 52.230-6 Administration Of Cost Accounting Standards JUN 2010 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer - System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments To Small Business Contractors DEC 2013 52.233-1 Disputes - May 2014 52.233-1 Disputes -- Alternate I 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-27 Site Visit (Construction) Alternate I Feb 1995 52.242-13 Bankruptcy JULY 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items July 2014 52.245-1 Government Property APR 2012 52.248-3 Value Engineering - Construction OCT 2010 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-2 Termination For Convenience Of The Government (Fixed-Price) –

Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 1452.203-70 Restriction on Endorsements - Department of the Interior JULY 1996

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 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 (CONSTRUCTION) ready for use not later than 365 calendar days after receipt of the award. The time stated for completion shall include final cleanup of the premises.

52.211-18 VARIATION IN ESTIMATED QUANTITY April 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.219-14 LIMITATIONS ON SUBCONTRACTING NOVEMBER 2011

(a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials,…