Sol_140L6222R0017.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040571052

BLM WY-STATE OFC BUS MGMT BR(WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009

LYA

Email: Crystal Martinez, crystalm@blm.gov

Crystal Martinez 3077756336

1x 08/19/2022

140L6222R0017

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

Description of Work: Furnishing permits, labor, equipment, supplies, and materials, to remove existing coal bed natural gas infrastructure, breach 4 reservoirs, and repair erosion as well as associated reclamation. All disturbed surfaces shall be graded to provide positive drainage and reclaimed to closely match the existing surrounding areas. Contractor shall apply for and obtain all Federal, State, and local permits needed for this Work including applications and drawings needed for the permits.

Provide all supervision, personnel, labor, materials, tools, equipment, maintenance and repairs, services, and all other facilities and incidentals required for the execution and completion of the Work as specified herein. Provide all topsoil stripping and stockpiling, excavating, hauling, backfilling, grading, seeding, surface restoration, and associated work as shown on the drawings, as specified herein, and as required to complete all components of the Work and all associated structures, complete, in place, and accepted by the Contracting Officer.

Rough order magnitude will be $250K to $500K.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

09/19/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

BLM WY-STATE OFC BUS MGMT BR(WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009

LYA

Robert Hall

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L6222R0017

BLM Wyoming LX BAR CBNG Infrastructure Removal and Reclamation

This is a solicitation for infrastructure removal and reclamation in accordance with the attachments.

Contract Officer: Robert Hall, rhall@blm.gov, 970-876-9038

Contract Specialist: Crystal Martinez, crystalm@blm.gov, 307-775-6336

COR: Ted Hamersma, thamersm@blm.gov, 307-684-1153

Delivery: 09/30/2023

Delivery Location Code: 0004276759

BLM-WY BUFFALO FIELD OFFICE

1425 FORT ST

BUFFALO WY 82834-2436 US

Period of Performance: 10/01/2022 to 09/30/2023

00010 LX Bar Infrastructure Removal and Reclamation

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP No. 140L6222R0017 Desig Page 4 of 45

BLM-WY LX BAR CBNG Reclamation

Table of Contents

SECTION B – SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D—PACKAGING AND MARKING

SECTION E—INSPECTION AND ACCEPTANCE

SECTION F—DELIVERIES OR PERFORMANCE

SECTION G—CONTRACT ADMINISTRATION DATA

SECTION H—SPECIAL CONTRACT REQUIREMENTS

SECTION I—CONTRACT CLAUSES

SECTION J—LIST OF ATTACHMENTS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

RFP No. 140L6222R0017 Desig Page 5 of 45

SECTION B – SCHEDULE OF ITEMS

Furnish necessary labor, equipment, supervision, supplies and materials to provide items listed below in accordance with the specifications in Section C and the Attachments and all other provisions contained herein.

Item Unit of

Measure

Quantity Price

Mobilization (including bonding and Permits)

LS 1

Removal of Obstructions

Excavation and Backfill

Topsoil Removal, Redistribution, and Grading

LS 1

Reseeding LS 1

Demobilization LS 1

Total

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SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 SCOPE OF WORK

A. Description of Work: Furnishing permits, labor, equipment, supplies, and materials, to remove existing coal bed natural gas infrastructure, breach 4 reservoirs, and repair erosion as well as associated reclamation. All disturbed surfaces shall be graded to provide positive drainage and reclaimed to closely match the existing surrounding areas. Contractor shall apply for and obtain all

Federal, State, and local permits needed for this Work including applications and drawings needed for the permits.

Provide all supervision, personnel, labor, materials, tools, equipment, maintenance and repairs, services, and all other facilities and incidentals required for the execution and completion of the Work as specified herein. Provide all topsoil stripping and stockpiling, excavating, hauling, backfilling, grading, seeding, surface restoration, and associated work as shown on the drawings, as specified herein, and as required to complete all components of the Work and all associated structures, complete, in place, and accepted by the Contracting Officer.

Location: The work locations are shown on the drawings and exhibits; and work under this contract is in Campbell County, Wyoming approximately 7 miles west Recluse, Wyoming. The project can be accessed off the SA Road in Campbell County. The work locations are shown on the attached maps and the legal locations are listed below.

C.3 GOVERNMENT CONTACTS

PM/COR: Civil Engineer Ted Hamersma - thamersm@blm.gov – Office: (307) 684-1153

Contracting Officer: Robert Hall - rhall@blm.gov – 970-876-9038

Contract Specialist: Crystal Martinez – crystalm@blm.gov- 307-775-6336

C.4 SOLICITATION DRAWINGS – SEE ATTACHMENTS

C.5 DESIGN SPECIFICATIONS AND REQUIREMENTS – SEE ATTACHMENTS

C.6 SUBMITTALS, MEASUREMENT AND PAYMENT – per Schedule B

C.7 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 (FAR) 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).

The following is a sample of USDA-approved products that may be used in this contract for minor construction and operations

& maintenance 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.

Hydraulic fluid Lubricants and Greases Wood and concrete sealers Composite panels

Wood and concrete stains Concrete and asphalt release fluids

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 https://www.biopreferred.gov/BioPreferred/. 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 USDA 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 mailto:thamersm@blm.gov mailto:rhall@blm.gov mailto:crystalm@blm.gov-https://www.biopreferred.gov/BioPreferred/

RFP No. 140L6222R0017 Desig Page 7 of 45 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. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Helpful BioPreferred Links:

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

Policies and Laws https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml

RFP No. 140L6222R0017 Desig Page 8 of 45

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 contract number is a unique identifier to purposely and permanently represent an awarded project. The government issued contract number shall 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. All email subject lines shall begin with the PO number along with a short specific of the subject being addressed.

RFP No. 140L6222R0017 Desig Page 9 of 45

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/browse/index/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE

(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: The project site.

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 BLM 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.

RFP No. 140L6222R0017 Desig Page 10 of 45

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

F.2 FAR 52.242-14 Suspension of Work (APR 1984)

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 14 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 Nov 30, 2022.

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 October 2022.

The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

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 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.

RFP No. 140L6222R0017 Desig Page 11 of 45

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 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.2 DIAR LSM 1452.211-80 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices and reports) submitted under this contract shall be subject to the following procedures: (a) Technical Correspondence. Technical correspondence shall be addressed to the COTR with an information copy of the correspondence to the Contracting Officer (see Subparagraph (d) below).

(b) Other Correspondence. All other correspondence shall be addressed to the Contracting Officer.

(c) Contracting Officer's Address. The Contracting Officer's address and telephone number are as follows:

Robert Hall

BLM Contracting Officer

2300 River Frontage Road | Silt, CO 81652

Office: (970) 876-9038

(c) Subject Line(s). All correspondence including email shall contain a subject line commencing with the contract number, as illustrated

SUBJECT : 140L6222CXXXX – Specific subject or matter

G.3 INVOICE PROCESSING PLATFORM (IPP)

The contractor shall use the Invoice Processing Platform (www.ipp.gov) for the submission of all project invoices. Prior to submitting the formal invoice at the IPP website, the contractor shall present to the COR a contractor-COR agreed to invoice worksheet in the field. Both parties will come to an agreement concerning the payable line items. After this agreement is achieved the contractor will submit its invoice in IPP for COR validation and CO approval..

Payment requests must be submitted electronically through the U. Department of the Treasury's Invoice Processing Platform

System (IPP). 'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

- Itemized matching attachment

- Certified Payroll for construction phases https://maps.google.com/?q=2300+River+Frontage+Road+%7C+Silt,+CO+81652+Office:+(970&entry=gmail&source=g http://www.ipp.gov/

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- Progress Certification Request

- Release of Claims for the Final Invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor

Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal

Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

G.4 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 to be included in the “15101 Mobilization” line item.

G.5 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.

G.6 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

RFP No. 140L6222R0017 Desig Page 13 of 45

Equipment 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.

G.7 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.

G.8 Notice to Contractors - CPARS (DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior

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

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past

Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting "Accept the Ratings and Close the Evaluation".

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in

PPIRS-RC marked as "Pending" with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

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

RFP No. 140L6222R0017 Desig Page 14 of 45

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

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

(End of notice)

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SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT – ORDER OF PRECEDENCE

1. The contract includes the standard contract clauses and schedules current at the time of award. It also entails:

a. The solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection; and

b. The successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

2. In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

a. Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

b. The provisions of the solicitation (See also FAR 52.236-21 Specifications and Drawings for Construction).

c. All other provisions of the accepted proposal.

d. Any design products, including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

H.2 VALUE ENGINEERING AFTER AWARD

1. Reference to FAR 52.248-3, “Value Engineering – Construction,” the Government may refuse to entertain a “Value

Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the solicitation documents which

In were addressed in the Contractor’s accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

2. The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor’s accepted contract proposal or addressed but evaluated only for minimum conformance with the

Solicitation requirements.

3. For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

RFP No. 140L6222R0017 Desig Page 16 of 45

4. In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

H.3 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

H.4 DIAR 1401.670-1 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting

Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

RFP No. 140L6222R0017 Desig Page 17 of 45

H.5 DEVIATING FROM THE ACCEPTED DESIGN

The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped, sealed, and Government-approved design, before proceeding with the revision.

The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

H.6 – INTENTIONALLY DELETED.

H.7 GOVERNMENT RIGHTS

The Government shall have unlimited rights in all drawings, designs, specifications, notes and all other works developed in this design in the event the entire scope of work (Base + Option Items) cannot be accomplished under this contract. The government reserves the right to use the design for a future contract award with parties other than the prime contract and its subcontractors performing on this contract.

H.8 PROJECT SPECIFIC RESOURCE PROTECTION MEASURES

Conservation Measures:

1. Temporarily store any waste liquids generated at the staging areas under cover on an impervious surface, such as tarpaulins, until such time they can be properly transported to and treated at an approved facility for treatment of hazardous materials.

2. Outline procedures based on Best Management Practices to confine, remove, and dispose of construction waste, including every type of debris, discharge water, concrete, cement, grout, washout facility, welding slag, petroleum product, or other hazardous materials generated, used, or stored on-site.

3. Outline procedures to contain and control a spill of any hazardous material generated, used or stored on-site, including notification of proper authorities.

4. Ensure that materials for emergency erosion and hazardous materials control are onsite and accessible at all times

(e.g., silt fence, straw bales, oil-absorbing floating boom, etc.)

5. Clean all equipment used for instream work of petroleum accumulations, dirt, plant material (to prevent the spread of noxious weeds), and leaks repaired prior to entering the project area. Such equipment includes large machinery, stationary power equipment (e.g., generators, canes, etc.), and gas-powered equipment with tanks larger than five gallons.

6. Store and fuel equipment in staging areas after daily use.

7. Inspect daily for fluid leaks before leaving the vehicle staging area for operation.

8. Thoroughly clean equipment before operation below ordinary high water or within 50 feet of any natural water body or areas that drain directly to streams or wetlands and as often as necessary during operation to remain grease free.

RFP No. 140L6222R0017 Desig Page 18 of 45

9. Visually monitor during project implementation to ensure effects are not greater (amount, extent) than anticipated and to contact Level 1 representatives if problems arise. Fix any problems that arise during project implementation. Regular biologist/hydrologist coordination with COR if biologist/hydrologist is not always on site to ensure contractor is following all stipulations.

H.9 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.10 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment 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 BLM administered land (identified elsewhere herein) and approved by the BLM may be used for storage purposes and for the placing of contractor's plant equipment. All storage sites provided by the BLM shall be restored at the contractor's expense. Contractor shall be responsible for making arrangements for storage on other than BLM 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) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the contracting officer and other appropriate agencies.

(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 ensure 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

RFP No. 140L6222R0017 Desig Page 19 of 45 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 BLM Land, unless other disposal means are authorized in the plans or specifications.

H.14 INDUSTRIAL CAMPS

BLM 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 BLM 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, 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. Suitable warning signs shall be provided to properly control and direct traffic. 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 CONSTRUCTION STAKES, LINES AND GRADES

(a) The BLM will establish controls as shown on the plans. Any BLM established control points (if provided) including but not limited to flagging, wire flags, hubs or stakes shall constitute the field control from which the contractor shall execute the work and shall be left in place until the Inspector or COR approves their removal.

(b) The contractor shall do all further surveying, staking and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the drawings or stated in the specifications. This work is incidental to the pay items.

(c) If any government furnished construction control points have been destroyed or displaced, or are erroneous, the contractor shall promptly notify the COR. If these points are destroyed or displaced due to contractor's negligence or operation, the cost for replacing them will be charged to the contractor.

(d) In case of any construction changes, the contractor shall cooperate with the COR and facilitate the prompt reestablishment of the field control for the adjusted work.

RFP No. 140L6222R0017 Desig Page 20 of 45

H.17 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

5. Date and revision dates.

6. Project name and contract number.

7. Names of contractor, subcontractor, supplier and manufacturer.

8. Specifications section number.

9. Field dimensions and relation to adjacent structures.

10. Applicable standards such as ASTM or Federal Specifications.

11. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

Title

Referenced by Contract clause or

Specification No.

Time of

Governme nt

Approval

After

Submittal

Traffic Control Plan Standard specifications 7 days

Safety Plan, including Blasting

Plan where applicable Accident Prevention [FAR 52.236-13] N/A

Engineered Spill Prevention Plan Landscape Preservation and Hazardous

Materials [See Paragraph H.16] 2 days

Fire Plan N/A

Proposed Progress Schedule Schedules for Construction Contracts [FAR

52.236-15] N/A

Designation of Representative Superintendence by the Contractor [FAR

52.236-6] N/A

Erosion Control Plan As required by Specifications 7 days

Shop Drawings As required by Specifications 7 days

Product and Material

Certifications and Literature As required by Specifications 7 days

H.18 HAZARDOUS CONDITIONS SAFETY PLAN

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life.