RFQ 1284LM22Q0095_Bordeaux AOP Culvert.pdf

1284LM22Q0095

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/20/2022 1063428

1 35

R1 LOLO NATIONAL FOREST

24 FORT MISSOULA RD

MISSOULA MT 59804

USDA-FS CSA INTERMOUNTAIN 2

10/15/2023

USDA FOREST SERVICE

PINE RIDGE RANGER DISTRICT

125 N MAIN STREET

ATTN NATHANIEL MARCOE

CHADRON

NE 69337

509 850-0645DARRIN JACKSON

09/19/2022 1630 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

2022 BORDEAUX CREEK AOP CULVERT REPLACEMENT

Nebraska National Forest - Pine Ridge R.D.

Dawes County, Nebraska

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

This is an RFQ in accordance with FAR 13 simplified acquisition procedures. Refer to the Schedule and Section L and M for instructions.

Submit your Quote to the CO, Darrin Jackson by email at: darrin.jackson@usda.gov. Submit by the close date and time shown on Block 10, on the SF-18.

Period of Performance: 07/05/2023 to 10/15/2023

2022 Bordeaux Creek AOP Culvert Replacement Refer to the Work Items Section B.

Quoter UEI SAM #: _____________________________

1 LS $________________

Solicitation No: 1284LM22Q0095 Project Name: 2022 Bordeaux Creek AOP Culvert Replacement

Forest: Nebraska N.F. / Page 2 of 35

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION

C-2 PROJECT LOCATON

C-3 MAGNITUDE OF CONSTRUCTION PROJECT

C-4 TECHNICAL SPECIFICATIONS

C-7 CONTRACT TIME

C-8 INSPECTION OF WORKSITE

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E-1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F-1 CLAUSES

F-2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 CLAUSES

G-2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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 PROVISIONS

L-2 INSTRUCTIONS TO OFFEROR’S FOR QUOTE PREPARATION:

SECTION M--EVALUATION FACTORS FOR AWARD

M-1 PROVISIONS

M-2 EVALUATION CRITERIA

M-3 EVALUATION FACTORS

Forest: Nebraska N.F. / Page 3 of 35

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

2022 BORDEAUX CREEK AOP CULVERT REPLACEMENT

Nebraska National Forest – Pine Ridge Ranger District Dawes County, Nebraska

B-1 WORK ITEMS

Item No. Description Type of

Measurement Pay Unit Quantity Unit Price Total

15101 Mobilization LSQ LS 1 XXXX $

15201 Construction survey and staking, method I, tolerance A LSQ LS 1 XXXX $

15713 Soil erosion and pollution control LSQ LS 1 XXXX $

20301 Removal of structures and obstructions LSQ LS 1 XXXX $

20801 Structure excavation DQ CY 185 $ $

20802 Foundation fill DQ CY 12 $ $

20803 Structural backfill DQ CY 110 $ $ 20850 Dewatering LSQ LS 1 $ $ 25102 Place riprap, South Dakota Class A AQ CY 40 $ $

30117 South Dakota aggregate base course, 6 inch compacted depth, compaction method B

AQ SY 135 $ $

55250 Reinforced concrete single 12 x 6 box culvert LSQ LS 1 XXXX $

62550 Seeding, dry method LSQ LS 1 XXXX $ 63308 Object Marker AQ EA 4 $ $ 63501 Temporary traffic control LSQ LS 1 XXXX $

64850 Placed Streambed simulation rock, bed class X AQ CY 55 $ $

64851 Placed channel rock, class CR 1-2 AQ CY 30 $ $

TOTAL AMOUNT = $

Type of Measurement: LSQ = Lump Sum Quantity, DQ = Designed Quantities, AQ = Actual Quantities Pay Unit: LS = Lump Sum, CY = Cubic Yard, SY = Square Yard, EA = Each

B-2 SCHEDULE/WORK ITEM NOTES

a) One firm-fixed-price (FFP) Stand-alone contract will be awarded in result of this solicitation. Offerors must submit pricing for all items to be considered for award. Round to the nearest cent; DO NOT use fraction of cents.

b) Payment for bond premiums in accordance with Clause 52.232-5, Payment under Fixed-Price Construction

Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.

Forest: Nebraska N.F. / Page 4 of 35

c) This is a Request for Quotation (RFQ); therefore, no public opening will be held. The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

d) The Government is NOT planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required. Refer to Section L for details.

e) 15101: Includes Bonding, Fire Protection and Equipment Cleaning 20801, 20803: Quantity Includes Excavation and Backfill as shown on Sheet C-05. Hauling is Incidental.

20802, 20803: See Specification 208.10 for Compaction Requirements Compact to 95% of Maximum Density 20801: Clearing and Grubbing are Incidental.

55250: Includes Concrete, Reinforcement and Guard Angle.

Forest: Nebraska N.F. / Page 5 of 35

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION

Scope of Work. The USDA Forest Service, Nebraska National Forest (Region 2) intends to award a single, firm-fixed-price stand-alone contract for the installation and replacement of an existing culvert on National Forest Service Road (NFSR) 723 Little Wolf East with a new aquatic organism passage (AOP) style concrete box culvert.

The work includes, but is not limited to, the Contractor furnishing all labor, materials, equipment, supplies, payment bonds, and incidentals to perform the work for this requirement in accordance with the specifications, terms and conditions, and provisions of the contract. All work related to this project shall be done in accordance with all applicable OSHA, Federal, and State regulations. Construction staging areas consists of the road surface within the project area.

Refer to the summary of work below for details.

Summary of Work:

• Install traffic control signs and close road

• Install erosion control measures

• Install the stream-flow diversion system

• Remove the existing culvert

• Excavate for the structure

• Place foundation fill

• Construct cast in place box culvert

• Install streambanks and streambed

• Backfill the structure

• Remove stream-flow diversion system and return flow to the channel.

• Place aggregate on road surface

• Remove signs and re-open road

• Final cleanup and site work

C-2 PROJECT LOCATON

The Bordeaux Creek AOP Culvert Replacement site is located approximately 13 miles south of Chadron, Nebraska, on National Forest Service Road 723, Nebraska National Forests and Grasslands. The road is single lane, gravel surface.

Refer to the plans and drawings for details. The nearest Forest Service District office to the project location is the following:

USDA Forest Service Pine Ridge Ranger District 125 N. Main Street Chadron, NE 69337

C-3 MAGNITUDE OF CONSTRUCTION PROJECT

The magnitude of this Construction Project (IAW FAR 36.204) is: Between $100,000 and $250,000.

C-4 TECHNICAL SPECIFICATIONS

a) The Standard Specifications for the Bordeaux Creek AOP Culvert Replacement are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-14 U.S.

Customary Units.

Copies of this document are available on-line only at the U.S. Department of Transportation Federal Highway Administration web site at https://flh.fhwa.dot.gov/resources/specs/. Copies are available in Microsoft Word https://flh.fhwa.dot.gov/resources/specs/

Forest: Nebraska N.F. / Page 6 of 35

(.doc) or Adobe Acrobat (.pdf) format.

b) Forest Service Supplemental Specifications (FSSS) are included in full text as an attachment in Section J of the contract, and are intended to amend, supplement, or replace the FP-14 Standard Specifications. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

c) List of Required Submittals: The required submittals shall include, but are not limited to, the following.

SPECIFICATION

SECTION SECTION TITLE SUB-

SECTION REQUIRE SUBMITTAL

FAR Schedules for Construct Contracts 52.236.15 Schedule

104 Control of Work 104.03(c) As-built drawings

105 Control of Material FSSS 105.02(c)

Contractor Weed-Free Material Sources Certification

106 Acceptance of Work 106.03 106.04 106.05

Material Certifications

107 Legal Relations & Responsibility to the Public 107.01 Permits and agreements

107 Legal Relations & Responsibility to the Public 107.10(b) (SPCC) Plan or Hazardous

Spill Plan

109 Measurement & Payment 109.04 Certified Delivery Records of Items Weighed for Payment

152 Construction Survey and Staking 152.04 As-staked data and corrections

153 Contractor Quality Control 153.02 Contractor’s Quality Control Qualifications

153 Contractor Quality Control 153.03 Contractor Quality Control Plan

(QCP)

156 Public Traffic FSSS 156.03 and 156.05

Traffic Control Plan & Temporary Closure Notice

157 Soil Erosion & Sediment Control FSSS 157.04 Soil Erosion & Sediment Control Measures Plan

157 Soil Erosion & Sediment Control 157.14 Erosion and sediment control measure inspections

204 Excavation & Embankment 204.15 Sampling, Testing, & Compaction Results

208 Structure Excavation and Backfill for Selected Major Structures 208.03 Slope, cofferdam design

208 Structure Excavation and Backfill for Selected Major Structures 208.07 Dewatering plans

301 Untreated Aggregate Courses 302 Gradation

552 Structural Concrete 552.03 Mix design

552 Structural Concrete 552.10 Plans as Required

554 Reinforcing Steel 554.03 Order lists and Bending diagrams

554 Reinforcing Steel 554.10 Acceptance and Production certifications

625 Turf Establishment FSSS 625.07 Weed-Free & Approved Seed Mix Certification

Forest: Nebraska N.F. / Page 7 of 35

C-5 452.211-72 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-6 452.211-73 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

C-7 CONTRACT TIME

Refer to Section F, 52.211-10 Commencement, Prosecution, and Completion of Work.

C-8 INSPECTION OF WORKSITE

The Contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the Government.

Forest: Nebraska N.F. / Page 8 of 35

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.

Forest: Nebraska N.F. / Page 9 of 35

SECTION E--INSPECTION AND ACCEPTANCE

E-1 CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations - http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.acquisition.gov/far

Forest: Nebraska N.F. / Page 10 of 35

SECTION F--DELIVERIES OR PERFORMANCE

F-1 CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations - http://www.acquisition.gov/far Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2023. The time stated for completion shall include final cleanup of the premises.

It is estimated that once the contract is awarded, the notice to proceed for materials will be issued. Work is expected to begin on or around July 5, 2023. The contract time shall be 100 calendar days from the effective notice to proceed; all work must be completed no later than October 15, 2023; the contract time shall not exceed this date.

F-2 OTHER REQUIREMENTS

AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from the effective notice to proceed through October 15, 2023.

http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

Forest: Nebraska N.F. / Page 11 of 35

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award and prior to the start of work. The conference will be held at the date and time scheduled by the Contracting Officer and mutually agreed upon by the Contractor.

G-2 OTHER REQUIREMENTS

G-3 Invoice Processing Platform (IPP):

The Forest Service utilizes the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted via the electronic 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. The contractor registration occurs automatically upon receipt of an award. The Contractor shall submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

Upon award of a contract, the Contractor should receive two e-mails from IPP “stls.ipphelpdesk@stls.frb.org”. These emails notify you of your access to the IPP Collector module. The first email contains your IPP User ID. The second (which the Contractor should receive within 12 hours of receiving their User ID) contains your temporary password. The Contractor company should ensure they are registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish their account.

Refer to the IPP Guide at for information: https://www.ipp.gov/Content/downloads/Collector-Quick-Reference-Guide.pdf.

IPP Helpdesk for assistance: 1-866-973-3131, Email: IPPCustomerSupport@fiscal.treasury.gov http://www.ipp.gov/ https://www.ipp.gov/index.htm mailto:stls.ipphelpdesk@stls.frb.org https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/Content/downloads/Collector-Quick-Reference-Guide.pdf mailto:IPPCustomerSupport@fiscal.treasury.gov

Forest: Nebraska N.F. / Page 12 of 35

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 CLAUSES

H-2 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: (complete as applicable; if one person applies to all positions, complete one block with the complete information and annotate “same” in other blocks).

Equipment Operator (Name and Phone): _________________________________________________

Contractor Representative (Name and Phone): ____________________________________________

Quality Control Manager (QCM) (Name and Phone): _______________________________________

(b) All key personnel specified in the quote submitted by the offeror are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer in a reasonable time in advance and shall submit justification (including the proposed substitutions personnel) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be modified/amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-3 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-4 ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer and COR immediately.

The Forest Service may modify, or cancel, this contract to protect an area, object of antiquity, artifact or similar object which is, or may be, entitled to protection under these Acts regardless of when the area, object or artifact is discovered or

Forest: Nebraska N.F. / Page 13 of 35 identified. Discovery of such areas or objects by either party shall be promptly reported to the other party; in accordance with the American Antiquities Act (l6 USC 433).

H-5 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate 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.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H-6 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.

All claims arising under this clause will be submitted to the Contracting Officer.

H-7 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

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

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

H-8 WEED-FREE EQUIPMENT

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment or by confirmation of inspection of equipment by the COR.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the COR will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location with the COR assigned to the contract.

Forest: Nebraska N.F. / Page 14 of 35

H-9 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete construction 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/Work Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H-10 CAMPING PERMIT COMPLIANCE

Contractor shall obtain permission to camp from project COR. 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.

H-11 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 COR. 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.

H-12 PROTECTION OF HABITAT OF ENDANGERED, THREATENED AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground.

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as federally threatened or endangered, or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

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H-13 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 compliance with reasonable and customary manufacturing and construction tolerances.

H-14 LOCAL MATERIAL SOURCES

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

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

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

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses (FAR 52.236-2).

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

H-15 PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also, at this meeting such things as work progress schedule and fire prevention and suppression plans shall be provided to the CO writing.

H-16 BIOBASED PRODUCT UTILIZATION

The following clause shall be incorporated as applicable and completed by the Contractor.

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials 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’s Representative (COR).

Forest: Nebraska N.F. / Page 16 of 35

The following is an example list of products that may be used in this contract for which biobased products are available.

The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects) Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings

(*Sample of biobased products for building mtce – light construction projects (Operations and Maintenance)

Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Water Tank Coatings Adhesive and Mastic Removers Cleaners Sorbents Floor Finish Floor Stripper Composite Panels Insulating Foam Sealers Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

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 Contractor shall submit with the initial quote a complete list of biobased products, indicating the name of the manufacturer, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (refer to Section L)

Within thirty (30) days after contract award, the Contractor shall submit an Operation Plan to the COR. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan shall contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Proposed biobased construction products which must be selected in accordance with the criteria included above.

At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

http://www.biopreferred.gov/

Forest: Nebraska N.F. / Page 17 of 35

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

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 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) 52.222-35 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) 52.222-50 Combating Trafficking in Persons (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Forest: Nebraska N.F. / Page 18 of 35

52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 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) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) (DEVIATION APR 2020) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

I-2 52.225-9 Buy American Act-Construction Materials (NOV 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 product (as defined in paragraph (1) of the definition of “commercial product” 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.

"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

Forest: Nebraska N.F. / Page 19 of 35 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".

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 it is 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)

Forest: Nebraska N.F. / Page 20 of 35 and (b)(3) of this clause.

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

(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 address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item2:

Forest: Nebraska N.F. / Page 21 of 35

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

I-3 52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to…