RFP final SF 1442 final Kern River.pdf

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

SOLICITATION,

OFFER,AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

127EAW22R0011

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

03/16/2022

PAGE OF PAGES

1 50

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

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

1051800

6. PROJECT NO.

GAOA 585049

7. ISSUED BY CODE

9J61

8. ADDRESS OFFER TO

USDA Forest Service

Construction Contracting Officer : Wendy

Whiteman

3237 Peacekeeper Way, Suite 101

McClellan, CA 95652

USDA-FS CSA SOUTHWEST 6

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

9. FOR a. NAME

INFORMATION CLEMENT BUCHER

CALL:

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

301-800-8610

SOLICITATION

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

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

GAOA: Kern River RD Toilet Site Work, Sequoia National Forest, Kern County, Ca. Magnitude of Construction:

Between $250,000 and $500,000

NAICS: 238990 100% Set Aside, Woman Owned Small Business (WOSB

11. The Contractor shall begin performance 10 calendar days and complete it within 90 calendar days after receiving

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 1300

04/16//2022 (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.

(hour) local time

b. An offer guarantee is, is not required.

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

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

AMOUNTS

OFFER (Must be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

CODE

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.)

18. Theofferor agrees to furnishany required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(Theofferor 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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

Continued...

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 9J61 27. PAYMENT WILL BE MADE BY

USDA FOREST SERVICE

FIRE AND AVIATION MANAGEMENT

3237 PEACEKEEPER WAY SUITE 101

MCCLELLAN CA 95652

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

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

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

WENDY B. WHITEMAN

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

BY

31c. DATE

STANDARDFORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

127EAW22R0011

PAGE OF

3 50

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

GAOA: Kern River RD Toilet Site Work, Sequoia National Forest, Kern County, Ca.

Delivery Location Code:

9A26USDA FOREST SERVICE KERN

RIVER RANGER DISTRICT 11380

KERNVILLE

ROAD KERNVILLE CA

93238 US

FOB: Destination

Period of Performance: 90 calendar days from Notice to Proceed

GAOA S. Sierra CG/Day Use Site Toilet Replc. &Access. (SQF-B)

NSN7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR(48 CFR) 53.110

Solicitation Number: 127EAW22R0011

Project Name: GAOA: Kern River RD Toilet Site Work

Pg. 4

Table of Contents

PART I—THE SCHEDULE ..................................................................................................................................... 6-7

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS ................................................................. 6-7

B.1 SCHEDULE OF ITEMS .......................................................................................................................... 6-7

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION ....................................................................... 9.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

C.5 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

Winter Shutdown

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

Payment for Materials Off Site

Incidental Items

Invoices

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

Emergencies

Utility Services

Loss, Damage or Destruction

Archaeological and Historic Sites

Spill Plan

Equipment Cleaning

PART II--CONTRACT CLAUSES

Pg. 4

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

....L...1........P...R...OVIS4IONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.4. EVALUATION FACTORS

Pg. 6

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

SCHEDULE OF ITEMS

Kern River Ranger District

Kern River RD Toilet Site Work

SEQUOIA NATIONAL FOREST

Item No.

Description

Method of Meas Pay

Unit

Est.

Qty

Unit

Price

Amount

01301(01) Project Mobilization L.S.Q. L.S. 1

Camp 9 Campground

02100(01)

Demolish Septic Tank, including pumping, rinsing, puncturing a 4" diameter hole in the bottom for drainage, removing components within 2' of ground surface, backfilling with approved material and compacting, and repairing the paved surface with asphalt or concrete.

L.S.Q.

L.S.

03300(01A)

Construct Sidewalks around double vault toilet as shown on the drawings, including independent concrete testing.

Layout varies at some locations.

03300(02A) double vault toilets, as shown on the drawings including independent concrete testing. Layout varies at some locations.

03300(03A)

Construct Accessible Parking Space with sign, including independent concrete testing.

02320(01)

Furnish and Install Caltrans Backing

No. 1 graded Riprap for erosion protection around one double vault toilet in Loop C.

A.Q.

C.Y.

Camp 9 CG Sub-total:

South Fork Recreation Area

Pg. 7

03300(02B) double vault toilets, as shown on the drawings including independent concrete testing.

South Fork Rec Area Sub-total:

Item No.

Description

Method of Meas Pay

Unit

Est.

Qty

Unit

Price

Amount

Tillie Creek Campground

02100(02)

Demolish Septic Tank, including pumping, rinsing, puncturing a 4" diameter hole in the bottom for drainage, removing components within

2' of ground surface; backfilling and compacting with approved material.

02100(03)

Demolish Septic Tank and Dosing Tank, including pumping, rinsing, puncturing a

4" diameter hole in the bottom for drainage, removing components within

2' of ground surface; backfilling and compacting with approved material.

02100(04)

Disconnect and remove secondary overhead electrical service from pump house to three toilet locations, including poles, wiring, and accessories.

03300(02C) double vault toilets, as shown on the drawings including independent concrete testing. Layout varies at some locations.

Tillie Creek CG Sub-total:

Total Bid All Items:

Pg. 8

C.1 SCOPE OF CONTRACT

Furnish all labor, equipment and material to accomplish the Work under this contract at three recreation areas around Lake Isabella on Forest Service lands. Work includes but is not limited to the following major items:

Camp 9 Campground:

NOTE: The existing flush toilet building will be replaced with vault toilets and additional vault toilets will be installed by another contract separate from this contract. This contract will only construct site work after the new toilets are installed (ongoing in October 2021).

o Demolition of one septic tank at location of current flush toilet building.

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks and parking.

o Construction of ADA accessible concrete sidewalks around eight (8) new double vault toilet buildings installed in the campground. Four (4) toilets will be installed in pairs (two double toilets) and four (4) toilets will be installed at individual locations.

o Construction of three concrete surfaced ADA accessible parking spaces adjacent to new vault toilet buildings including signs.

South Fork Recreation Area:

NOTE: The existing flush toilet building will be replaced with vault toilets by another contract separate from this contract. This contract will only construct site work after the new toilets are installed (ongoing in October 2021).

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks.

o Construction of ADA accessible concrete sidewalks around two (2) new double vault toilet buildings installed as a pair of toilets (double double).

Tillie Creek Campground:

NOTE: The existing flush toilet buildings will be replaced with vault toilets by another contract separate from this contract. This contract will only construct site work after the new toilets are installed (ongoing in October 2021).

o Demolition of seven septic tank at locations of current flush toilet buildings. Three locations also have a sewage dosing tank to be demolished.

o Demolition of secondary electrical service including six wooden power poles and overhead electrical wires. Poles shall be salvaged and stockpiled on site for the government.

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks.

o Construction of ADA accessible concrete sidewalks around fourteen (14) new double vault toilet buildings installed as seven (7) pairs (double doubles) in the campground.

The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications whenmaking estimates of quantities or work.

C.2 PROJECT LOCATION

The project is located at Camp 9 Campground, South Fork Recreation Area, and Tillie Creek

Campground and Group Sites adjacent to Lake Isabella on the Kern River Ranger District of the

Sequoia National Forest.

Pg. 9 ❖ From Bakersfield, CA travel east on State Highway 178 approximately 43 miles to State

Highway155 in the community of Lake Isabella.

❖ For Camp 9 Campground, exit right off Highway 178, turn left on Highway 155 and continue on

Highway 155 approximately 7 miles to Wofford Heights where Highway 155 turns right toward

Greenhorn Summit. Continue straight ahead on Burlando Road and Sierra Way approximately 4 miles to Kernville. Turn right on Sierra Way approximately 5 miles to Camp 9 Campground on theright.

❖ For South Fork Recreation Area, continue on Highway 178 approximately 4 miles to South

ForkRecreation Area on the left.

❖ For Tillie Creek Campground and Group Sites, exit right off Highway 178, turn left on

Highway 155 and continue on Highway 155 approximately 7 miles to Wofford Heights. Turn right on Tuttle Road to Tillie Creek Campground.

C.3 CONTRACT TIME

. The contract time will be 90 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup. Sites are generally accessible year-round. NOTE: Work cannot begin on this project until the existing toilet buildings in the campgrounds are replaced with new double vault toilets by another contract. Delivery and installation of the new toilets is ongoing in

October 2021.

C.4 PROJECT SITE CLEAN UP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, residue, and asphalt and concrete slag off of National Forest Land. Items such as miscellaneous building materials are considered the property of the Contractor and shall be removed from the project site.

All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

During the work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

C.5 PRICE RANGE

The price range of this project is between $250,000 and $500,000.

C.6 SPECIAL CONDITIONS AFFECTING THE WORK

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

b. Weather. Low temperatures at the project site range from temperatures of less than 20 ºF in December and January to lows of 30 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. There are snowstorms during the winter months that may result in temporary project delays. Icy conditions on local roads and highways can occur during the fall, winter and spring.

Pg. 10

c. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend equipment work may be allowed by the Contracting Officer after coordination with the campground concessionaire. Dogs and pets are not allowed on the project site at any time.

d. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

e. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of building materials and sections or parts of buildings to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site. The Government will not be responsible for any building materials orparts or sections of buildings that cannot be transported to the site.

f. Temporary Site Utilities. Contractor may install temporary site utilities to support work on the project. The installation of temporary utilities is the responsibility of the Contractor and shall be paid for by the Contractor. The Contractor shall provide the Contracting Officer with written certification that all temporary site utilities have been properly disconnected and the final utility bills are paid in full. The Contractor may make a temporary hookup to the existing Forest Service water line to provide water for construction and/or temporary housing.

g. Toilets. No toilet facilities are available on site.

h. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on the premises. All waste material must be transported off-site to a station equipped to handle such waste. The campgrounds are FS or concessionaire operated. The contractor is subject to the camping fees charged by the concessionaire for each campsite occupied. Availability is subject to Contracting Officer approval and is not guaranteed.

i. Security. Contractor is responsible for the Contractor’s equipment and building materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day.

All hand tools, ladders and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

j. Burning Permits. Contractor is subject to all rules and regulations governing the on-site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

k. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations, and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

l. Burning Permits. Contractor is subject to all rules and regulations governing the on-site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

Pg. 11

m. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations, and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

C.7 PRE-PROPOSAL CONFERENCE OR TOURS

A pre-proposal conference or tour has not been scheduled for this project. The contractor is advised to scout all haul routes to the project; consult local road condition reports; and comply with all State hauling regulations and requirements.

C.8 TECHNICAL SPECIFICATIONS

See Section J-Attachment 2

C.9 CLAUSES

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.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

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.

D-3 PACKING AND MARKING

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

D-4 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.

Pg. 12

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Inspections

Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections.

The Contractor (or designated representative) is encouraged to be present to observe inspections.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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 five calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days. The time stated for completion shall include final cleanup of the premises.

Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

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 by the CO and held within 5 days after the date of contract award. The conference will be held at (TBD).

Payment for Materials Off Site

In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

Pg. 13

Incidental Items

The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.

Preconstruction Conference

This required conference will be scheduled by the CO. (See also Section I, Clause 52.236-26.)

Invoices

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic

Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of

Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the

IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Invoices in IPP are now the official record of payment. The payment certification per FAR 52.232-5 and a breakdown of billing, based on the pricing schedule, must be included as attachments to the IPP invoice in pdf or jpg format. (See next page for payment certification language.) The contractor must also be up to date on certified payrolls for the invoiced timeframe, FAR 52.222-8, by sending these to the COR prior to submitting the pertinent invoice. Do not upload payrolls to IPP. For assistance with creating invoices and attachments in IPP, the help desk phone number is 1-866-973-3131.

The Contractor shall submit payrolls weekly for each week in which any contract work is performed.

The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all the information listed on the form WH-347 (available for download at www.dol.gov), including the certification verbatim from the WH-347. Certifications from other State or County government forms are not compliant.

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

Pg. 14

Invoices that do not meet these requirements will be rejected, delaying invoice payment.

PAYMENT CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract.

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code.

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

Signature

Name

Title

Date

Invoiced Timeframe

Invoice Number

Pg. 15

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

Emergencies

See Section J, Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

• Construction of Structures - 100 meters around the perimeter of the project

Utility Services

NONE

Superintendence by Contractor

In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Pg. 16

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are

Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Camping Permit Compliance

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC

433)--will be identified for the contractor before work commences.

Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures

(SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The

Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The

Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

INSURANCE COVERAGE

Pg. 17

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.

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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:

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

52.202-1 Definitions (JUN 2020) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Pg. 18

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

52.203-10

2014)

Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-17

Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

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

52.204-2

(JAN 2017)

Security Requirements (MAR 2021) Alternate II (APR 1984)

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)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

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

52.215-2 Audit and Records -- Negotiation (JUN 2020)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.637(a)(14)).

(x)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.

52.219-28

Post Award Small Business Program Representation (NOV 2020)

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (SEP 202

Pg. 19

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 (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020)

52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

52.223-5

52.223-6

52.223-17

52.223-18

52.223-20 52.223-21 52.225-13

52.227-1 52.227-2

52.227-4 52.228-2 52.228-5

(SEP 2013)

Pollution Prevention and Right-to-Know Information (MAY 2011) Drug-Free Workplace (MAY 2001)

Affirmative Procurement of EPA-designated Items in Service and Construction Contracts(AUG 2018) Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) Aerosols (JUN 2016) Foams. (JUN 2016) Restrictions on Certain Foreign Purchases (FEB 2021)

Authorization and Consent (JUN 2020) Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) Patent Indemnity -- Construction Contracts (DEC 2007) Additional Bond Security (OCT 1997) Insurance – Work on a Government Installation (JAN 1997)

Pg. 20

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) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

52.236-10

(APR 1984)

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)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

Pg. 21

52.236-17 Layout of Work (APR 1984)

52.236-21

52.236-26

Specifications and Drawings for Construction (FEB 1997)

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

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

52.243-4 Changes (JUN 2007)

52.244-2 Subcontracts (JUN 2020)

52.244-5 Competition in Subcontracting (DEC 1996)

52.244-6 Subcontracts for Commercial Items (JUL 2021) (DEVIATION APR 2020)

52.246-21

Warranty of Construction (MAR 1994)

52.248-3

Alternate I (MAR 1994)

Value Engineering – Construction (OCT 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEP 1996)

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

52.253-1 Alternate I (APR 1984) Computer Generated Forms (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)

52.225-9 Buy American Act-Construction Materials (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is:

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition

Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Pg. 22

"Construction material" means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners.

Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Pg. 23

(3) For construction material that consists wholly or predominantly of iron or steel or a combination

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the

United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether itis domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

none [Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that-

Pg 24

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and…