RFP No 1205M620R0002.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1205M620R0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

05/15/2020

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

(Refer to each Seed Project)

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO: Email Submission Only

USDA Forest Service Mt. Baker-Snoqualmie National Forest Attn: Brian A. Johnson, Contract Specialist 2930 Wetmore Ave, Ste 3A Everett, WA 98201-4067

Note: Due to COVID-19 all proposal documents must be e-mailed to brian.johnson3@usda.gov as one .pdf file.

Organize your .pdf document as outlined in Section M.

Refer to Section M., Paragraph M-3 for documents to submit.

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson

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

(425) 783-6056, brian.johnson3@usda.gov

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):

IDIQ ROAD CONSTRUCTION

MT. BAKER-SNOQUALMIE NATIONAL FOREST (ZONE 1)

COLVILLE NATIONAL FOREST (ZONE 2)

OKANOGAN-WENATCHEE NATIONAL FOREST (ZONE 3)

INDEFINITE-DELIVERY INDEFINITE-QUANTITY (IDIQ)

TASK ORDER CONSTRUCTION CONTRACT

Multiple Award IDIQ Ceiling: $49 Million Effective Period: Five (5) Years from Date of Award Last Date to Place TO: September 30, 2025

11. The contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Sections F/G/I.)

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

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

YES NO (Refer to Seed Projects)

12B. CALENDAR DAYS

(Refer to Seed Projects)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time June 15, 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee * is, is not required. (Refer to Seed Projects attached in BetaSAM)

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 [ ] calendar days for government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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Mt. Baker-Snoqualmie, Colville, and Okanogan-Wenatchee National Forests (FY20 - FY25)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

Amounts

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

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TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM

Solicitation, Offer, and Award (Standard Form 1442) Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Total Number of Base Contracts B-2 Turnaround Time for Individual Project Task Orders B-3 Bid Schedule B-4 AGAR 452.216-74 Ceiling Price

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract C-2 Individual Project Locations C-3 AGAR 452.211-72 Statement of Work/Specifications (Feb 1988) C-4 AGAR 452.211-73 Attachments to Statement of Work/Specifications C-5 Federal Highway Administration Standard Specifications for Construction of Roads and Bridges (FP-14) C-6 Specifications Applicable to Individual Projects C-7 Terminology C-8 Existing Conditions C-9 Biobased Products

SECTION D - PACKAGING AND MARKING

D-1 Project Labeling for Official Correspondence

SECTION E - INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference E-2 AGAR 452.236-70 Inspection and Acceptance E-3 Inspection and Testing Performed by Government E-4 Conformity with Drawings and Specifications

SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference F-2 AGAR 452.211-75 Effective Period of the Contract F-3 FAR 52. 211-10 Commencement, Prosecution, and Completion of Work F-4 Suspensions of Work for Other Than Government's Convenience F-5 Notice to Proceed (NTP)

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SECTION G - CONTRACT ADMINISTRATION DATA

G-1 FAR 52.252-2 Clauses Incorporated by Reference G-2 Process for Requesting Individual Project Proposals and Awarding Task Orders G-3 Administration of Individual Project Task Orders G-4 Task Order Issuing Office Administration G-5 Bid and Bidder Versus Proposal and Offeror G-6 Designation of Contracting Officer’s Representative G-7 Task Order Ombudsman / Competition Advocate G-8 Invoice Processing Platform (IPP)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.252-2 Clauses Incorporated by Reference H-2 FAR 52.236-4 Physical Data H-3 FAR 52.215-8 Order of Precedence—Uniform Contract Format H-4 Wage Determination Decision H-5 Payments for Incidental Items H-6 Payment for Materials Delivered Off the Site H-7 Payment for Performance and Payment Security Expenses H-8 Release of Performance and Payment Security H-9 Costing of Claims or Modifications H-10 Product Substitution H-11 Storage and Stockpiling of Materials H-12 Landscape Preservation and Hazardous Materials H-13 Local Disposal Sites H-14 Industrial Camps H-15 Traffic Control, Barricades, Warning Signs, and Other Devices H-16 Salvage Rights H-17 Excavation H-18 Material Sources / Disposal H-19 Blasting H-20 Prosecution of Work—Work Hour Limits—Work Item Limits H-21 Construction Stakes, Lines, and Grades H-22 Submittals H-23 Hazardous Conditions Safety Plan H-24 Value Engineering H-25 Aircraft Use H-26 AGAR 452.228-71 Insurance Coverage H-27 Special Equipment Cleaning Requirements H-28 Moisture Sensitive Soils H-29 Special Blasting Techniques H-30 Protection of Cultural Resources H-31 Protection of Habitat of Endangered, Threatened and Sensitive Species H-32 Road Maintenance Requirements H-33 Traffic Control H-34 Landscape Preservation

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H-35 Contractor’s Use of Existing Roads H-36 Load Limits

SECTION I - CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated by Reference I-2 FAR 52.216-18 Ordering I-3 FAR 52.216-19 Order Limitations I-4 FAR 52.216-22 Indefinite Quantity I-5 FAR 52.225-9 Buy American—Construction Materials I-6 FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements I-7 FAR 52.228-1 Bid Guarantee I-8 FAR 52.228-13 Alternative Payment Protections I-9 FAR 52.236-1 Performance of Work by the Contractor I-10 AGAR 452.228-70 Alternative Forms of Security I-11 Return of Performance and Payment Bonds I-12 Public Officials Not Personally Liable

SECTION J - LIST OF ATTACHMENTS

J-1 List of Attachments

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K-1 FAR 52.204-8 Annual Representations and Certifications K-2 FAR 52.209-5 Certification Regarding Responsibility Matters K-3 FAR 52.209-11 Representation By Corporations Regarding Delinquent Tax Liability or a

Felony Conviction Under Any Federal Law K-4 FAR 52.219-1 Small Business Program Representation K-5 FAR 52.223-1 Biobased Product Certification K-6 System for Award Management (SAM) K-7 Government Employees, Former USDA Employees, and USDA Retirees

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

RESPONDENTS

L-1 FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions FPMR Part 101-29

L-2 FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

L-3 FAR 52.216-1 Type of Contract L-4 FAR 52.216-27 Single or Multiple Awards L-5 FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work L-6 FAR 52.222-23 Notice of Requirements for Affirmative Action to Ensure Equal

Employment Opportunity for Construction L-7 FAR 52.225-10 Notice of Buy American Requirement—Construction Materials L-8 FAR 52.233-2 Service of Protest L-9 FAR 52.236-27 Site Visit (Construction)

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L-10 AGAR 452.215-72 Amendments to Proposals L-11 Evaluation of Options (FAR 52.217-5) L-12 Evaluation of Offers L-13 Merits of the Offer L-14 Risk Determination L-15 Relative Importance of the Evaluation Factors L-16 Level of Confidence Assessment Rating (LOCAR) L-17 Source Selection Decision L-18 Award

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 Evaluation Factors for Contract Award M-2 Important Notes—Please Follow M-3 Proposal Documents to Submit

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

IDIQ ROAD CONSTRUCTION

MT. BAKER-SNOQUALMIE NATIONAL FOREST (ZONE 1)

COLVILLE NATIONAL FOREST (ZONE 2)

OKANOGAN-WENATCHEE NATIONAL FOREST (ZONE 3)

B-1 TOTAL NUMBER OF BASE CONTRACTS

The intent of this acquisition is to award a total of twelve (12) to sixteen (16) IDIQ base contracts to support road construction requirements for the Forests.

B-2 TURNAROUND TIME FOR INDIVIDUAL PROJECT TASK ORDERS

CO discretion may be used to shorten the response times for Individual Project Task Orders based on project requirements, complexity, or emergency response times.

B-3 BID SCHEDULE

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract with an effective period of five (5) years.

The guaranteed minimum amount for each awarded contract is $2,500 over the life of the contract.

The aggregate maximum amount for all awarded task order projects is $49 Million. The contract specialist, Brian A. Johnson, will track the ceiling and report to the Forests the remaining ceiling.

* The ordering period establishes date limits for the issuance of Individual Project Task Orders. Actual performance periods for completion of work included in the task orders may extend beyond these dates (See Section F).

The actual value of each contract is based on the cumulative amounts of all task orders. In scope modifications will not impact the aggregate ceiling.

B-4 AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $49 Million. The contractor(s) shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.

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SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 SCOPE OF CONTRACT

This contract covers multiple projects for road construction on the Mt. Baker-Snoqualmie National Forest, Colville National Forest, and the Okanogan-Wenatchee National Forest. Individual Project Task Orders may include, but are not limited to, the following types of highway, street and bridge construction activities:

New road construction;

Road reconstruction / restoration;

Other roadbed construction;

Road decommissioning;

Construction of steel, concrete, and timber road bridges;

Trail bridges located at trailheads readily accessible by road building equipment;

Burned Area Emergency Response (BAER) requirements;

Emergency Relief for Federally Owned Roads (ERFO) requirements;

Culverts, aquatic passage structures, and ancillary structures;

Erosion type work for roads, stream banks, and lake shore erosion work; and Other requirements cited under Divisions 100 through 700 of the FP-14.

The major categories of work activities required by the contract include clearing, earthwork, structural embankments, drainage structures, pit/quarry development, aggregate crushing, road base and surfacing, road structure demolition, road structure construction (such as retaining walls and minor bridge work) and road obliteration (decommissioning).

The contract incorporates the USDOT, Federal Highway Administration’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14). The standard specifications (FP14) are available online at: http://flh.fhwa.dot.gov/resources/specs/

The contract also incorporates additional standardized terms and conditions that consistently apply to this type of construction.

This is an indefinite quantity contract, allowing specific projects to be added via Individual Project Task Orders as they are developed.

Individual Project Task Orders will be packaged with the project-specific details that supplement the standard specifications and terms of this base contract. These individual project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits, and other detailed requirements applicable to the specific task order project.

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The basis for award of Individual Project Task Orders may vary depending upon the goals and objectives for each task order. The basis of award will be described in the task order Request for Quotation (RFQ) / Request for Proposal (RFP). Examples of a basis for award are:

The task order award will be based on price only; or The task order will be awarded to the contractor offering the best value to the government, considering both price and non-price factors. The government reserves the right to accept other than the lowest price offered.

Note: The task order RFQ / RFP will describe whether price is less important, more important, or equal in importance to the non-price (technical) factors.

If a fair and reasonable price is not reached through the individual project proposal process, that individual project will be withdrawn for acquisition separate from this contract. Pricing of individual projects will be Firm-Fixed-Price (FFP), Time-and-Materials (T&M) or Labor-Hour (LH). For T&M and LH task orders the engineering/contracting officials are required to obtain approval as outlined in the USDA Contracting Desk Book (https://www.dm.usda.gov/procurement/policy/index.htm) prior to issuing the RFP/RFQ.

Bonding requirements will be stated with each task order and will apply only to that specific project task order.

C-2 INDIVIDUAL PROJECT LOCATIONS

The areas covered by this contract include the following:

Zone 1: Mt. Baker-Snoqualmie National Forest: Whatcom, Skagit, Snohomish, King and Pierce Counties.

Zone 2: Colville National Forest: Ferry, Stevens, Okanogan, and Pend Oreille Counties.

Zone 3: Okanogan-Wenatchee National Forest: Eastern Cascades and forest lands within Chelan, Douglas, Grant, Kittitas, and Yakima Counties.

Administrative sites, recreation sites and other developed sites associated with these National Forests are included. Work could include watershed improvement work and Scenic Byway Enhancement work on privately owned adjoining lands or adjoining federal lands managed by other federal agencies.

Note: The contract specialist maintains on the USDA Forest Service Contract Portal the Forest (zone) selection that outlines where each company indicated during pre-award that it desires to work.

C-3 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C-4 AGAR 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.

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C-5 FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS FOR

CONSTRUCTION OF ROADS AND BRIDGES (FP-14)

The Federal Highway Administration’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Delete any reference to Department of Transportation Acquisition Regulations (TAR) wherever shown.

C-6 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

The standard specifications that apply will be identified within each Individual Project Task Order. A Specification List and the actual Special Project or Supplemental Project Specifications will be included.

Section 100 through 149 of the Standard Specification and all other Standard or supplemental specifications shown in the Specification Listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C-7 TERMINOLOGY

The term “Engineer,” when used in the contract documents, shall refer to the contracting officer’s representative (COR).

The term “Owner,” when used in the contract documents, shall refer to the federal government (USDA Forest Service).

C-8 EXISTING CONDITIONS

The Contractor shall verify all existing dimensions and conditions before proceeding with all Individual Project Task Order work. All dimensions shall be verified and/or determined in the field. Protect all improvements including existing culverts and roadway from damage during construction.

C-9 BIOBASED PRODUCTS

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

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

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

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Operations and Maintenance Construction Penetrating Lubricants Dust Suppressants Greases Concrete/Asphalt Release Fluids Gear Lubricants Asphalt Restorers Pneumatic Equipment Lubricants Asphalt/Tar Removers Fuel Conditioners Traffic/Zone Marking Paints Gasoline Fuel Additives Erosion Control Hydraulic Fluids Safety Equipment (Protective Helmets)

USDA BioPreferred Program Catalog: https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

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

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

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification and FAR clause FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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SECTION D—PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The government singularly identifies each project with a contract number at time of award. The task order number is a unique identifier to purposely and permanently represent an awarded project. The government issued task order number and project name shall be be referenced by the contractor on all official communications to the government, e.g. letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award.

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SECTION E—INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-6 Inspection-Time-and-Material and Labor-Hour (MAY 2001) 52.246-12 Inspection of Construction (AUG 1996)

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

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

(b) Inspection and acceptance will be performed at: Individual Project Task Order

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the contractor by the Forest Service specifications or elsewhere herein. This does not relieve the contractor of completing contractor quality control work.

E-4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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SECTION F—DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/agar/agar-part-452

52.242-14 Suspension of Work (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-74 Period of Performance (FEB 1988)

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from date of award through five (5) years.

Note: The final fiscal year’s (FY25) period of performance end date is September 30, 2025. Task orders awarded on or before this date may be performed into FY26 and beyond as authorized by the funding, period of performance, etc. No task orders can be awarded after September 30, 2025.

F-3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The contractor shall be required to (a) commence work under this contract within [ * ] calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than [ * ]. The time stated for completion shall include final cleanup of the premises.

* Individual Project Task Order

F-4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The contracting officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include, but not be limited to, instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) Failure of the contractor to comply with specifications such as, but not limited to, placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior

RFP No. 1205M620R0002 Road Construction IDIQ Page 14 of 83 to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the government. Such suspensions shall not be considered as suspensions for the convenience of the government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

F-5 NOTICE TO PROCEED (NTP)

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer’s Representative. No work shall begin until receipt of this notice. Task Order time shall commence on the day indicated on the Notice to Proceed.

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SECTION G—CONTRACT ADMINISTRATION DATA

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full

452.215-73 Postaward Conference (NOV 1996)

G-2 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND

AWARDING TASK ORDERS

(a) Individual Project proposals and awards shall follow the process established in this section.

(b) Individual Project Task Orders: Following initial evaluation and determination for award of the IDIQ base contracts, it is the government’s intent to provide each IDIQ contractor with a fair opportunity to be considered for each Individual Project Task Order as stipulated by FAR 16.505(b)(1).

(c) After Base Contract Award. Individual Project Task Order packages will be provided to the IDIQ contractors, with a specified response date and time. Questions related to the project shall be submitted to the assigned contracting officer. Submission of written questions may be required.

RFQs/RFPs may require only a price proposal or may also require submission of a technical proposal.

(d) RFPs shall be submitted to the contracting officer identified on the requirement for Zone 1 (MBS), Zone 2 (COL) or Zone 3 (OKA-WEN) by the specified response date and time. Proposal submissions shall include all information as specified in the RFP.

(e) Award of Individual Projects. A written award mailed or otherwise provided to the IDIQ contractor shall result in a binding Individual Project Task Order.

(f) No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

(g) Bonding of Individual Projects. Bonding requirements apply separately to each Individual Project Task Order. The bonding thresholds are:

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THRESHOLDS REQUIRED BONDING

Individual Project Task Order amounts less than $35,000.00

No bid guarantee is required.

No bonding is required.

Individual Project Task Order amounts between $35,000.00 and $150,000.00 Refer to FAR 52.228-13 (full text in Section I)

No bid guarantee is required.

Alternate Payment Protection is required:

100% Payment Bond; or 100% Deposit [authorized check/MO].

Individual Project Task Order amounts greater than $150,000.00 Refer to FAR 52.228-1 (included in full text in Section I) Refer to FAR 52.228-15 (incorporated by reference in Section I)

20% bid guarantee is required.

100% Payment Bond is required.

AND

100% Performance Bond is required.

(h) Individual Project Task Orders Types. Will be Firm-Fixed-Price (FFP), Time-And-Materials (T&M) or Labor-Hour (LH).

(i) Minimum Guarantee. The contract minimum amount is offset by the value of awarded Individual Project Task Orders. If an awarded base IDIQ contractor receives no task orders valued at $2,500.00 or more during the entire period of this contract the minimum guarantee applies and will be paid to the Contractor. The need to meet an individual contractor’s minimum guarantee may be the determining factor in making award of a task order if it is fiscally justified.

(j) Authorized Officials to Place Orders. The following individuals may place Individual Project Task Orders against this contract:

Any warranted contracting officer with proper delegated authority within the USDA Forest

Service, Region 6.

G-3 ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each Individual Project Task Order was a separate contract.

For example, the clause FAR 52.232-5 - Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed invoice, and (3) a contractor’s Release of Claims. All three of these final payment conditions shall apply to each Individual Project Task Order.

As another example, the clause FAR 52.228-15 Performance and Payment Bonds – Construction states “Original contract price means the award price of the contract…” The term “Individual Project Task Order” is substituted in like meaning and effect for “contract” in this clause.

There are numerous other examples where reference to “contract” shall apply as if the term “Individual Project Task Order” was substituted. The contractor shall refer all questions to the contracting officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

Each Individual Project Task Order is separable to the extent that it will be initiated, performed, administered, completed and closed independently.

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1. Individual Project Task Orders may have separate contracting officers, contracting officer’s representatives and inspectors.

2. Individual Project Task Orders will have unique performance terms and notices to proceed.

3. Individual Project Task Orders will require separate submittals, unless otherwise agreed.

4. Individual Project Task Orders will have separate payments.

G-4 TASK ORDER ISSUING OFFICE ADMINISTRATION

The contract specialist (CS) / contracting officer (CO) from each zone shall be responsible for all contract administration functions required by FAR Part 42 – Contract Administration and Audit Services at the Individual Project Task Order level.

G-5 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual Project proposal and award process and to Individual Project Task Orders.

The term “bidder” shall be construed to mean “offeror.”

G-6 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The contracting officer’s representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract. The contracting officer should be informed as soon as possible of any actions, or inactions, by the contractor, or the government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the contracting officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-7 TASK ORDER OMBUDSMAN / COMPETITION ADVOCATE

In accordance with FAR 16.505(b)(6), no protest under FAR subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman shall be forwarded to:

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USDA Forest Service ATTN: Chief, Procurement Policy Branch Acquisition Management, Washington Office Rosslyn Plaza 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209

G-8 INVOICE PROCESSING PLATFORM (IPP)

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). Contractors shall submit all invoices electronically via IPP. Paper copies of invoices are no longer accepted. The Contractor must also attach a detailed invoice in IPP.

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SECTION H—SPECIAL CONTRACT REQUIREMENTS

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full

452.237-74 Key Personnel (FEB 1988)

H-2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal work season: ________________________* Restricted work season: ________________________ Normal fire season: ________________________

* To be provided at the Individual Project Task Order level.

(c) Transportation facilities providing access to the site are identified elsewhere herein.

H-3 FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT

(OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

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H-4 WAGE DETERMINATION DECISION

The general wage determination applicable to this contract will be incorporated at the Individual Project Task Order level. Where rates for "Timber Sale Roads" appear in the Wage Determination Decision, they shall be applicable only to projects identified as "Opted" Timber Sale Roads. The applicable wage determination is available at: https://beta.sam.gov/search?index=wd&keywords=&sort=-modifiedDate&wdType=dbra&page=1

H-5 PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described. 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 Bid Schedule. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.

H-6 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the contractor, may, at the option of the contracting officer, be included in progress payments. Prior to payment, such material will be subject to government inspection and shall be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the contractor shall furnish the government with a right of ingress and egress to the property together with right of removal.

H-7 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-8 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

Performance and payment security furnished under this contract shall be retained by the government for a minimum period after acceptance of all work under the contract, including any warranty period. Performance and payment security other than corporate or individual surety bonds will be returned to the contractor after this period if no claims against these bonds have been filed at that time. For contracts subject to the Miller Act this minimum period is one year.

H-9 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction Equipment

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Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office or other comparable equipment rate publication, to the extent that such publications contain a listing of the equipment being costed or of similar equipment.

H-10 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including government-furnished property) made necessary because of a substitution, will be the responsibility of the contractor without adjustment in contract price or time. The contracting officer's approval of any substitute will not affect the contractor's responsibility for such modification. Any and all substitutions will be requested by the contractor after award has been made. No approvals will be made prior to award.

H-11 STORAGE AND STOCKPILING OF MATERIALS

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

H-12 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the contracting officer. The contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the contracting officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom.

Servicing of all equipment shall be done only in the areas approved by the contracting officer. The contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112)

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(2) At all on-site work areas (including contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations.

Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the contracting officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the contracting officer or representative.

(3) The contractor, acting independently, shall immediately take action to notify the appropriate agencies including the contracting officer, and to contain and clean up, without expense to the government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the contractor's employees, directly or indirectly. The contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the government determines that additional resources beyond those of the contractor is required, the contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the government for the containment and clean-up of petroleum products or other hazardous substance releases caused by contractor's employees or resulting from or related to construction operations.

(4) The contractor shall notify the contracting officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-13 LOCAL DISPOSAL SITES

Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

H-14 INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the contractor through the contracting officer. Such permission, if granted, will be without charge to the contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-15 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

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All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

H-16 SALVAGE RIGHTS

No contractor salvage rights exist under the base IDIQ contract unless specifically authorized at the Individual Project Task Order level.

H-17 EXCAVATION

All excavation is non-classified unless specifically stated otherwise at the Individual Project…