RFQ Trabuco Holy Jim Dam Demolition 1291S820Q0022.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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OFFEROR

91S8

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

USDA FOREST SERVICE

91U4 CODE 16. ADMINISTERED BYCODE

X

X

238910

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100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

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03/31/2020 1600 PT

03/13/2020

707-562-8897CREE PREVOST

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1291S820Q0022

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 988919OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SAN DIEGO CA 92127

10845 RANCHO BERNADO RD STE 200

CLEVELAND NATIONAL FOREST

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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THIS CONTRACT IS A

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13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Trabuco Holy Jim Dam Demolition Project, Cleveland National Forest

DUNS______________________________________

Point of Contact__________________________

E-Mail____________________________________

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

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ARE

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

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29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Trabuco Holy Jim Dam Demolition Project - See

Attached Schedule of Items

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Cleveland National Forest Trabuco Holy Jim Dam Demolition Project

Solicitation Number 1291S820Q0022

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

Applicable Clauses/Provisions 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

Scope of Work C.1.1 Description of Work

This project consists of work included here, but not limited to: demolition, clearing of demolished material to allow for stream flow. There is no roaded access to the project site, therefore a walking excavator (also known as a “Spider Excavator”) is required to complete project work. The contractor shall submit a list of proposed equipment for Contracting Officer approval before mobilizing. The excavator size shall not exceed 40000 lbs.

The following photos illustrate the finished product that shall be provided:

Dam before demolition:

Dam after demolition:

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

C.1-2 Location

A. Project Identification:

Base bid: Project consists of demolition of eight rock and mortar dams and footings. There is roaded access to the project site, but the work areas are in a stream, therefore a “Spider Excavator” weighing 40,000 lbs. or less is required to complete project work.

B. Project Location: Base bid: Trabuco and Holy Jim Creeks, along Trabuco Creek Road and Holy Jim Roads, Orange County, CA.

Directions to Site: From Rancho Santa Margarita, process north on Live Oak Canyon Road to intersection with Trabuco Creek Road. Proceed east on Trabuco Creek road approximately 4 miles to work areas on Trabuco Creek Road. For work areas on Holy Jim Road continue east on Trabuco Creek road then turn north on Holy Jim Road. COR and contractor shall coordinate on access routes. Work areas are in and along the stream channels of Trabuco Creek and Holy Jim Creek.

Approximate lat longs: Trabuco Creek 33.6743, -117.5250

Approximate lat longs: Holy Jim Creek 33.6839; - 117.5150

2. Owner: Cleveland National Forest, 10845 Rancho Bernardo Road, Suite 200, San Diego, CA 92127.

This project will include, but is not limited to the following:

Base bid items: Demolition of six rock and mortar dams and footings (TCFD 11, 11a, and 11b, and HJFD 9, 12, 14) to the point where all of the constructed dam features have been broken apart, and a clear channel remains in place for stream flow.

C.1-3 Contract Administration

Before beginning work, the Contracting Officer or his designated representative will meet with the Contractor.

The meeting will be held at a time and place mutually agreeable to the Contractor and the Forest Service. The contract documents, the scope of the contract and the proposed work schedule will be thoroughly discussed to promote a better understanding between the Contractor and the Forest Service.

C.1-4 Time of Performance

Project is expected to occur between April 1, 2020 and May 31,2020 with a specific work period to be negotiated. The estimated Contract Period is 15 days, including 5 days for mobilization and 10 days for dam demolition. Contract time includes work items, weather delays, fire delays, and holidays.

C.1-5 Government Furnished Property

Not applicable.

C.1-6 Parking and Storage

The Contractor shall coordinate parking of Contractors vehicles and temporary storage of equipment and materials with the Contracting Officer. All heavy equipment used on site shall be washed prior to entering the project area to remove seeds and plant material from noxious weeds to prevent the introduction and spread of weeds not already present on the Cleveland National Forest. The Forest Service shall inspect equipment prior to moving on site. Inspections shall be coordinated and scheduled with the Contracting Officer’s Representative a minimum of 48 hours in advance.

C.1-7 Fees The Contractor shall, without additional expense to the Government, pay all Federal, State, County and Municipal fees applicable to the performance of the work.

C.1-8 Applicable Codes and Regulations

The Contractor shall comply with all applicable Federal, State, interstate and local laws, environmental regulations, and requirements. The duty of the Contractor to comply with all current applicable laws, regulations and requirements takes precedence over any other duty or task described herein. Therefore, in the event that subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence.

The Contractor shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work.

C.1-9 Contractor Designation

The Contractor designate in writing a Site Superintendent to coordinate all contractor activities during construction and to liaise with the Contracting Officer Representative and Project Engineer for the Forest Service. Contractors Site Superintendent shall be on site at all times any work is being performed.

C.1-10 Notification and Permits

Contractor is responsible to provide all regulatory notifications and obtain all applicable permits in order to perform work under this contract.

C.1-11 Health and Safety Plan

The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable Federal, state, and local laws, safety and health regulations and procedures, as well as Forest Service regulations, rules and procedures. The Contractor shall ensure that its agents, employees and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling hazardous materials/waste and conducting emergency response and site cleanup activities are trained in the level of expertise required for the proper performance of the work activities.

A Health and Safety plan is required prior to initiation of work under this contract. The Contractor shall submit a Health and Safety plan prior to the initiation of any work under this contract. The Health and Safety Plan, and amendments thereto, submitted under requirements of this contract shall be prepared by the Contractor’s health & safety manager.

C.1-12 Contractor Caused Spills and Releases

The Contractor is solely responsible for any and all spills or leaks and subsequent clean up that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The clean-up shall be at no cost to the Forest Service. The contractor shall provide spill response materials including, but not limited to, containers, shovels and personal protective equipment. Spill response materials shall be available at all times in which hazardous materials and hazardous wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

The contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and, as a minimum, include the following:

• Description of the item spilled (including identity, quantity, manifest no., etc).

• Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

• Exact time and location of spill including a description of the area involved.

• Containment procedures initiated.

• Summary of any communications contractor has with press, Federal, state and local regulatory agencies and officials, or Forest Service officials.

Upon completion of the clean-up activities for contractor caused spills and releases, the contractor shall submit a final clean-up certification report to the Forest Service. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

C.1-13 Fire Plan

Contractor is responsible to complete and abide by the enclosed Forest Fire Plan. All equipment must have approved spark arrestors and be inspected by a Forest Service Fire Prevention Officer.

C.1-14 Work Plan

The Contractor(s) shall provide the Government with three (3) paper copies of the Work Plan for the project for Forest Service approval, at least 14 days before mobilizing to site. This Work Plan shall include, but is not limited to, the following:

• A description of how the work will be performed.

• A listing of personnel, including subcontractor(s), working on the project (include name, address, phone number, and contact person).

• A list of equipment proposed for use on the project.

• A Project Work Schedule.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2020).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (45)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

DOCUMENTS, EXHIBITS OR ATTACHMENTS

DESCRIPTION NUMBER OF PAGES

00 01 10 Table of Contents 1

01 11 00 Summary of Work 3

01 14 00 Work Restrictions 1

02 41 00 Demolition 2

Trabuco Holy Dams Photos 7

Soil Erosion Control 5

Fire Plan 6

Google Earth Image Locator Map 1

Trabuco Holy Jim Dam Map 1

Trabuco Creek Road at Live Oak Canyon Road – Map 1 (Site Visit) 1

Trabuco Creek Road at Live Oak Canyon Road – Map 2 (Site Visit) 1

52.212-2 Evaluation-Commercial Items (OCT 2014).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Past Performance. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, State and Local laws and regulations. Provide details on quality of work performed on all similar contracts that included work using a spider excavator and projects where work was done in live streams within the past 3 years. List and discuss any work not paid at full bid price. Address specific performance issues and how you mitigated the cause of those issues.

Provide details regarding timeliness of performance or lack thereof. Discuss business performance statement that describes relationships and cooperation with customers. Identify the projects you have successfully completed that you consider offers evidence that proves your firm has the experience required to complete this project. Include any investigation of alleged or actual violations of labor or immigration laws committed by your firm within the past three years and the disposition of those cases.

2. Technical Approach

a. Understanding of the Government’s Requirement. The Government will evaluate each offeror’s relative understanding of the Government’s requirements on the basis of its written submittals addressing the following subfactors:

i. The resources (personnel, equipment and subcontractors) which are planned for use on the project, and how realistic that plan is given concurrent obligations.

ii. Site-specific safety plan.

iii. Plan of work.

iv. Where applicable, estimated production rates.

b. Project Management. Describe your ability to organize, schedule (production rate), and staff (superintendent, crew size, and subcontractors) this project to completion and on schedule.

Offeror’s should provide information regarding their ability to supply qualified resources (materials, etc.) to complete this project. List on-going contract and pending awards and address how that may affect your capacity to supply equipment and personnel. Describe what work you will directly perform and what work will be performed by a subcontractor. Describe how you will address the need for additional resources.

3. Experience. Describe experience performing similar requirements during the past 3 years. Provide details on quality of work performed on all similar contracts that included work using a spider excavator and projects where work was done in live streams. Include accurate information that will allow the evaluators to contact contract administrators involved with the referenced work. Names, phone numbers, dates, locations, type of work, etc. are critical. Specifically identify a superintendent that you will provide for the performance of this contract as a Key Personnel. Provide detailed information about his/her work experience. Describe your subcontractors relevant work experience and qualifications.

Provide sufficient information so that the evaluators may make contact with anyone who can verify these experiences.

4. Price. The price proposal should consist of itemized pricing as listed in the Schedule of Items. Award may not necessarily be made to the offeror submitting the lowest offer. Also, the award may not be made for technical capabilities that would appear to exceed those needed for successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest of the Government. It is anticipated that the award will be made to the firm with the best value, considering price, technical proposal, and technical capabilities.

Basis For Award The Government will award the contract to the offeror who (a) asserts to the terms of the solicitation, and

(b) has the best combination of experience, past performance technical proposal, and price. Experience is a matter of the number of opportunities an offeror has had to do similar work and to encounter the kinds of problems that the Contractor is likely to encounter in the performance of this contract. Past performance is a matter of an offeror’s reputation for integrity and customer satisfaction. Quality control and the understanding of the work is a matter of the offeror’s familiarity with the nature of the work and with the kinds of problems the Contractor is likely to encounter during performance.

The nonprice factors, when combined, are greater than cost or price.

Award(s) may be made without further discussions. Proposals should be submitted initially on the most favorable terms, from a technical and cost standpoint, which the offeror can submit to the Government.

However, the Government may, after evaluation of the proposals, conduct further oral or written discussions as appropriate with the offeror's whose proposals are within competitive range.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)