Solicitation_12445223R0019.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)

1092617

USDA-FS CSA EAST 12

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

Keisha Gist keisha.gist@usda.gov

KEISHA GIST 404-946-8187

1x 08/10/2023

12445223R0019

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

El Yunque National Forest Facilities Maintenance & Construction IDIQ

Project: EYNF Facilities Maintenance & Construction Multiple Award Task Order

Contract (MATOC)

Scope: Engineering Construction through design-bid-build and design build methods to provide maintenance or construction as necessary to maintain facilities in a functioning condition at Forest Service Facilities or Recreational Sites.

Contract Type: Multiple Award Indefinite Delivery/Indefinite Quantity (IDIW); Firm

Fixed Price (FFP) Construction

Competition: Total Small Business Set Aside: NAICS : 236220 Commercial and

Institutional Building Construction.

11. The Contractor shall begin performance within

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

09/11/2023

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. 8/2014)

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

USDA-FS CSA EAST 12

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

JAMES M. HUNT

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12445223R0019

Delivery Location Code: F31B

USDA FOREST SERVICE

EI YUNQUE CATALINA SERVICE CENTER

ROAD 191 KM 44

PALMER PR 00721 US

Period of Performance: 10/23/2023 to 10/31/2028

0001 FY-24 Base Year

FOB: Destination

Period of Performance: 10/23/2023 to 10/31/2024

0002 FY-25 Option Year 1

(Option Line Item)

FOB: Destination

0003 FY-26 Option Year 2

(Option Line Item)

FOB: Destination

0004 FY 27 Option Year 3

(Option Line Item)

0005 FY-28 Option Year 4

(Option Line Item)

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 | P a g e Solicitation No: 12445223R0019

FY24-FY28 EYNF FACILITIES MAINTENANCE & CONSTRUCTION IDIQ

PART I—THE SCHEDULE

SECTION B----SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

See attached for seed project schedules.

a) Minimum and Maximum Contract Amounts – During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2500, but not in excess of the simplified acquisition threshold.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

A Multiple Award Indefinite Delivery/Indefinite Quantity Contract (IDIQ) for engineering construction projects in Puerto Rico, United States. The IDIQ contract will require contractors to provide construction services through both the traditional design-bid-build (DBB) and design-build (DB) methods. In the traditional DBB method the Government will provide the contractor with a full design and the associated specifications, requiring the contractor to perform solely the construction services. The DB method would require the same contractor to provide both the design and construction services. In both situations the contractor will be required to provide all labor, materials, supplies, equipment, transportation, supervision, ancillary services, and other necessary items to complete the work. The work performed may include new work, additions, alterations, or maintenance and repairs to facilities or sites. The services are for construction and real property maintenance and repair.

It is the intent that all task orders will be competed among the IDIQ contract holders. Actions under $25,000 may be issued on a sole source basis, or to a limited number of contract holders.

Other actions issued as sole source will be in compliance with the FAR’s sole source or fair opportunity requirements.

The IDIQ contract will have a contract ceiling of $10 Million. All task orders and subsequent modifications will not exceed $10 Million over the term of the contracts. The USFS will have the right to recompete this requirement or use other contracting methods for similar work that could fall under this IDIQ, at any point during the term of this contract. This is not a Requirements Contract. The Government is not obligated to award any task orders beyond the guaranteed minimum of amount of $2,500.

The majority of task orders will be valued under $150,000 However, individual task orders may be valued up to $3 Million.

The primary NAICS code is 23622 Commercial and Institutional Building Construction. Other NAICS codes that may be applicable are:

237110 Water and Sewer Line and Related Structures Construction 237990 Other Heavy and Civil Engineering Construction

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238210 Electrical Contractors and Other Wiring Installation Contractors 238220 Plumbing, Heating, and Air-Conditioning Contractors.

The small business size standard is $39.5 Million.

C.2 PROJECT LOCATION

Work will be located in Puerto Rico. The work will be located within the National Forest boundaries of Puerto Rico. Work will primarily be on Forest System Facilities such as administrative heritage and Recreation Area sites. Each Task Order will identify the specific project location. A vicinity and project location map will be provided to the contractor with each Task Order RFP.

Work locations may also be at remote Forest Service sites in rural/mountain locations.

Locations may be in steep, narrow, and brushy areas. Access roads and trails (averaging 2-feet or more in width) may be paved, gravel, or unsurfaced.

Cell phone coverage may not be available or limited. Potable water, electricity, and sanitary facilities may not be available at majority of the sites.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The ordering period of the IDIQ contracts will be five (5) years from the effective date of the award or when the shared ceiling of $10 Million is reached, whichever comes first.

C.4 ACTIVITIES

IDIQ Task Orders will include specific requirements for the work to be performed.

Contractor(s) shall provide all personnel, equipment, transportation, supervision, supplies and support equipment (vehicles), and incidentals to perform this work in accordance with the terms, specifications, conditions, and provisions of this solicitation, the contract, subsequent Task Orders, laws, rules, and regulations.

Task orders may require any combination of tasks associated with the maintenance or construction necessary to maintain facilities in a functioning condition, providing safe public access, protecting the transportation facility investment and the adjacent environmental resources.

Work is generally confined within the limits of the Facilities or recreational site areas as described in each TO.

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C.4.1 CONSTRUCTION ACTIVITIES

Activities required under this contract may include, but are not limited to, the following:

• Foundation and Site work

• General Plumbing\Concrete and masonry

• General Electrical

• Electrical Distribution System

• Heating, Ventilation, and Air Conditioning

• Doors and Windows

• General Carpentry

• General Mechanical

• Electronic Safety and Security Systems

• Thermal/Moisture Protection

• Storm Water Collection System

• Sanitary and waste collection systems

• Demolition and Removal

• Earthwork

• Central Energy Plant Distribution

• Fire Suppression and Alarms

• Central Energy Generation Systems

• Site lighting and illumination

• Facilities and Recreation Parking lot repairs, New asphalt or asphalt repair, striping, markings etc

• Facilities and Recreation Roads and Trails Repair within the Facility or Rec. Area (Aggregate, Natural Surface, Keyed or Machine Placed Riprap, Subbase, Base, Importing, Major and minor concrete work, fill and cut slope repairs, shallow and/or deep retaining walls, Parking lot repairs, new asphalt or asphalt repair, striping, temporary or permanent pavement markings etc.)

• Drainage Construction & Repairs within the Facility or Rec. Area (Ditch establishment and cleaning as needed, Culvert Cleaning, Slide & Slough Removal, Major or Minor Culvert Replacement, Underdrains)

• Temporary and Permanent Traffic Control

• Signs and Gate (Repair/Replacement)

• Hazard Removal (Danger Tree Falling, Rock Fall Removal, etc.)

• Vegetation Management within Rec. Area (Roadside and Trailside Brushing & Mowing etc)

• Dust Abatement

• Temporary and Permanent Erosion Control (Plants and Tree Planting, Sodding, Seeding, Mulching, Erosion Control Blankets etc.)

• Construction Survey and Staking

• Contractor Sampling and Testing

• Clearing and Grubbing

• Recreation and Administrative Facility Civil Site Work

• Asphalt Restoration within Facility or Rec. Area (Overlays, Pothole Patching, Skin Patching, Crack Sealing, Chip Sealing, etc.)

• Vehicular and Trail Bridges, and Elevated Boardwalks within Facility or Rec. Area

• Utilities New Construction & Installation, & Repairs and Maintenance (Civil Site Work, Conduits, Telephone, Water, Sewer, Electrical, Gas etc)

• Photovoltaic (PV) System New Construction, New Installation, Repairs, and/or Maintenance

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Other construction activities can include similar activities at various recreation, heritage and/or administrative sites. Mobilization costs shall be incidental to ordered work unless otherwise specified in the Task Order. All contractor’s movement or transportation of equipment to or from project areas required to pursue the work in the Task Order, to repair or replace equipment, or for the Contractor's convenience shall be at the Contractor's expense and considered incidental to their proposal.

Other construction maintenance service types of work can include similar activities at various recreation and/or administrative sites, as well as demolition and disposal of improvements such as utilities, tanks, culverts, and other structures and buildings.

C.4.2 DESIGN SERVICES

The services under the contract are for professional engineering services in conjunction with a construction project as one design-build contract. Design and other engineering related services must be performed by or under the direct supervision of professional Engineers licensed in Puerto Rico.

The design services may include, but are not limited to: site investigation, obtaining applicable permits, pre-design and existing conditions studies, design, and construction documents.

The agency’s Built Environment refers to the physical infrastructure of fire, administrative, research, and recreation buildings, landscape structures, site furnishings, structures on roads and trails, and signs installed or operated by the Forest Service, its cooperators, and permittees.

Forest Service infrastructure will:

• Be located, planned, and designed with respect for the natural systems in which they reside.

• Aesthetically integrate their natural, cultural, and experiential context.

• Contain design elements that reinforce a national agency identity.

• Emphasize efficiency of energy and materials consumption in construction and operation.

• Serve as premier examples to interpret conservation of natural resources and sustainable development.

• Create environments for people to enjoy and gain increased appreciation for the natural environment, and in which employees work productively, experiencing the connection to the resources they manage.

• Use reinforced concrete products where appropriate in the construction, alteration, repair and operation of our infrastructure.

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.

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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.5 TASK ORDER

The Task Orders issued under this IDIQ will be based on scopes of work defining specific requirements for those individual projects.

After IDIQ contracts are awarded, specific work requirements will be issued as firm-fixed-price task orders on a competitive basis. The basis for award of the task orders will generally be on lowest price technically acceptable, or price only, but may be conducted through a best value Trade-off process if the complexity of the work requires additional technical evaluation.

Contractor awardees are required to propose for Task Order requirements, however, if there are extenuating circumstances that prevent a Contractor awardee to propose for specific state(s) mentioned in the Task Order Request for Proposal - the Contractor awardee will inform the Contracting Officer and provide a reason for non-submission of proposal.

C.5.1 Ordering Procedures

(a) Description of Agreement

The contractor shall furnish products/services as required in the SOW, if and when requested by the Contracting Officer (CO) as specified in the individual Task Orders.

(b) ID/IQ Period of Performance (Anticipated)

Base Period Date of Award or October 23, 2023, whichever is later through October 31, 2024.

Option Period One (1) – November 1, 2024 through October 31, 2025

Option Period Two (2) – November 1, 2025 through October 31, 2026

Option Period Three (3) –November 1, 2026 through October 31, 2027

Option Period Four (4) – November 1, 2027 through October 31, 2028

Individual Task Orders will have individual Period of Performances determined at time of award.

(c) Pricing

The pricing shall be determined on Task Order basis.

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(d) Extent of Obligation

The IDIQ Contract does not obligate any funds. Funds will be obligated on individual USDA- FS-Task Orders.

(e) Purchase Limitation

Each individual Task Order maximum is $250,000.00. The minimum purchase limit shall be $2,000.00.

(f) Individuals Authorized to purchase under the IDIQ

Only a Warranted FS Contracting Officer - is authorized to issue Task Orders under this IDIQ.

(g) Delivery

Delivery/Completion shall be in accordance with the individual USDA - FS and conditions listed in Task Order.

(h) Administration

Warranted FS Contracting Officer is the only organizational element under the USDA authorized to place Task Orders under this ID/IQ Contract and is responsible for all administration and overall concerns.

(i) Ordering Procedures

1. Task Orders will be placed against this ID/IQ via email only.

2. Orders may be placed only by a warranted CO/PA in the USDA - FS - Region 8. All orders under this ID/IQ shall be made via a written Task Order (OF-347 or equivalent). A specific, sequential order number shall be included on the order and shall specify the ID/IQ Contract number and specific Period of Performance.

3. A new requirement will be sent to the Contractor via email, telephone, or other method that will convey the necessary information. Use of electronic commerce (EC) is encouraged. Each requirement will include an order specific Cover Letter documenting the core features of the project in a concise format.

4. Contractors will respond by submitting technical specifications and pricing for the proposed requirement via e- mail to the requesting CO/PA.

5. Evaluations of proposals will normally be based solely on price, however individual requests maybe be evaluated on price and other factors identified in the request.

6. Based on a review of the Contractor's response and any necessary clarifications, the CO/PA will issue a written Task Order award (OF-347, SF-1442 or equivalent) to the Contractor via email.

7. Ordering Thresholds Task Orders will be placed against this ID/IQ by the USDA-FS - R8 Office organizational elements in accordance with the following: Competition was established through RFP process of the base ID/IQ, and competition will be used with all ID/IQ contract holders based on Competition Threshold Sources Sought stated below:

• <$25,000.00 Single Source ID/IQ Holder -Requirements estimate at less than $25,000, the Government may propose a single IDIQ holder to receive the requirement or solicit among less than all IDIQ holders

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• >$25,000.00 All ID/IQ Holders - If the requirement estimate exceeds $25,000, then all IDHQ holders will receive the requirement for proposal quote.

• Any services deemed an emergency by the Government may result in a single source award to any of the ID/IQ holders regardless of value.

8. Ordering Exceptions

Exceptions to the Ordering Procedures are listed below.

• The need for such services is of such urgency that providing such opportunity would result in unacceptable delay.

• Only one awardee is capable of providing the services required at the level of quality necessary because the services ordered are unique/specialized.

9. Award of Task Orders

Task Order will primarily be awarded based on price. However, induvial task orders may include evaluation factors other than price. Task Orders issued under any resulting ID/IQ will include the following information as applicable:

(1) ID/IQ Contract Number and Delivery/Task Order number;

(2) Date of the order;

(3) Description of the products/services to be performed;

(4) The work schedule, period of performance, or required completion date;

(5) Place of delivery or performance;

(6) Deliverables;

(7) Line item number and description, quantity, unit price and extended total;

(8) Accounting and appropriations data.

(9) DOL Wage Rates

(j) Order of Precedence

All the terms and conditions of the base ID/IQ will be incorporated and apply to all resulting Task Orders. In the event of an inconsistency between the provisions of a specific Task Order, the provisions of the contractor ID/IQ will take precedence unless otherwise determined by the CO. All disputes regarding the individual Task Orders are to be referred to the ID/IQ CO.

C.6 INVOICES AND PAYMENTS / INVOICE PROCESSING PLATFORM (IPP)

Invoices for final payment must be so identified and submitted. When the order is complete no further charges shall be billed.

All orders shall require detailed invoices to be submitted digitally through the Department of Treasury’s Invoice Processing Platform (IPP), https://www.ipp.gov. The contractors must follow the instructions on how to register and submit invoices via IPP as prescribed in the communications from USDA Treasury.

For more information concerning IPP please visit http://www.fs.fed.us/business and further information will be discussed between the awardees and the Contracting Officer.

https://www.ipp.gov/ http://www.fs.fed.us/business

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C.7 GENERAL INFORMATION

Task Orders for construction over $35,000 will require Performance and Payment Bonds.

Design Build Task Orders will require professional engineering services in addition to the construction.

The Government shall have unlimited rights, in all drawings, designs, specifications, pictures, notes and other works developed in the performance of this contract, including the right to use the same on any other Government document, design, or construction without additional compensation to the Contractor.

Any project specific requirements will be specified in individual Task Orders.

C.8 HOURS OF OPERATION / FEDERAL HOLIDAYS

Any project specific requirements will be specified in individual Task Orders.

Normal operational hours are approximately from 07:00 am to 5:30 PM Atlantic Time, Monday through Friday (Federal Holidays excluded).

Emergency services may be performed as required after normal business hours stated above or during the following Federal Holidays:

New Year’s Day – January 1st Three Kings Day – January 6th (State Holiday) Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

C.9 GOVERNMENT FURNISHED PROPERTY

Each Task Order will identify any government furnished material or facilities applicable.

C.10 CONTRACTOR FURNISHED ITEMS

C.10.1 Materials

The Contractor shall provide all materials and services required to perform the work described in the individual Task Orders. The Contractor shall provide a detailed breakdown of the costs associated with materials and or services. Actual requirements will be determined during the scoping and negotiation phase for each Task Order. All equipment, materials, parts, supplies, and system components must be new. The contractor may not install previously used items unless prior approval is gained through the

CO.

C.10.2 Equipment

The Contractor shall provide all equipment (including operation and maintenance) unless otherwise specified in the Task Orders for performing work on this contract. This shall include, but is not limited

9 | P a g e to, the following items: backhoe, crane, trucks, and suitable subsurface drilling/excavation equipment to conduct site assessments or foundation investigations, including appropriate survey equipment. All remediation equipment, soil hauling services, and backfill contaminated soil disposal shall be performed by the Contractor.

C.10.3. Supervision

C.10.3.1 The Contractor shall provide a dedicated Superintendent on every worksite when contractor work is being performed, to be approved by the Contracting Officer.

C.10.4 Subcontractors.

The Contractor shall provide a list of subcontractors to be engaged on a per project basis and update it monthly if there are any changes. Subcontractor list shall be submitted along with initial task order pricing.

C.10.5 Master Submittal List.

The Contractor shall initiate a Master Submittal List for items that will be use throughout the life of the contract. These submittals need be submitted and approved only once, unless the contractor substitutes a different item in its place.

C.10.6 Submittals.

The Contractor shall electronically submit complete sets of; shop drawings, certificates of compliance, user selected items, laboratory test reports, warranties, and other items specified in the TO. The Government may request catalog cuts or equipment data as needed. The contractor shall also provide copies of certificates of compliance as required by the TO, to show that materials meet specifications.

The Government reserves the right to perform its own tests on any material. If any tests fail, previous certifications shall not relieve the Contractor from furnishing satisfactory materials.

C.11 QUALITY CONTROL

The contractor shall maintain a Quality Control Plan for any Task Order. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with each individual project. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure that their work complies with the requirement of the contract.

C.12 QUALITY ASSURANCE

The government shall evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan. The govt. has the right to random inspect the contractor’s work at any time. This does not relieve the contractor of their Quality Control responsibilities.

C.13 NOTIFICATION OF START AND COMPLETION OF WORK

For each Task Order the Contractor will be issued a Notice to Proceed and work shall begin within ten

(10) calendar days of the notice to proceed. Commence work includes ordering materials, mobilization, and work on site. The contractor shall notify the COR and CO five (5) calendar days prior to the date

10 | P a g e that work will be ready for final inspection. Final inspection shall be scheduled far enough in advance to allow for punch items to be completed prior to the completion date established by the Notice to Proceed.

C.14 ON-SITE WORK SUPERVISION

At all times during the performance of this contract and until the work is completed and accepted the Contractor shall directly supervise the work or designate in writing an on-site competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. The superintendent shall be designated in writing to the Contracting Officer prior to the commencement of work on the first Task Order. This individual shall be able to read, speak, and understand English.

C.15 EQUIPMENT

All equipment to be used for performance of the work shall be of the size, type, number and in such condition to properly pursue the requirements of this contract. Proper equipment must be necessary to satisfactory meet the requirements of this contract in its entirety. The Contractor’s equipment shall be made available for inspection by the Contracting Officer Representative (COR) prior to mobilizing and unloading at the project location. If at any time during the course of this contract the equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement, at the Contractor’s expense.

Replacement equipment, if ordered, is to be on project site in a timely manner.

C.16 SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements Manual”, Sept 15 2008 (free online) whichever is more stringent. Smoking will not be permitted in any building or structure. Fire precautions to prevent wildfire may be included in each Task Order or initiated when weather and site conditions pose a significant opportunity for ignition of wildfire.

C.17 SITE MANAGEMENT

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, road users or others within the work area. Road should be passable for overnight and weekend traffic if possible. Maintain project site areas to be free of all construction debris, equipment and materials on a daily basis. Always maintain site free of hazards.

Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in accordance with Federal, State and Local regulations as applicable. Historical and/or archeological issues shall be addressed as needed. The Contractor is to pursue all work on project site in accordance with all Federal, State and Local laws governing the transportation and work being performed.

C.18 TRAFFIC MANAGEMENT/ROAD CLOSURE

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

11 | P a g e crosses or coincides with an existing road or trail. The Contractor will post warning signs on each end of the section of road being worked. Signs are to be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devises", (MUTCD). These signs shall be moved as needed to properly delineate and identify the section of the road being maintained. At no time shall these signs be more than two miles from operating equipment and shall be in placed only when road equipment or persons are performing operations. All slow-moving equipment is to have a reflectorized "slow-moving" vehicle emblem properly attached.

All work requiring closure of a road must be scheduled and approved by the Contracting Officer (CO) in writing prior to the commencement of that portion of work. All work is to be scheduled so that at the end of a working day, the road is passable for the type of traffic normally using the road unless otherwise specified by the C.O. If for any reason traffic hazards (segments of unfinished work which may present a hazard to road users, such as rolls of surface material, berms on the shoulder, etc.) are left in or adjacent to the road after normal working hours, the work is to be properly signed as hazardous and visibly illuminated at night.

The MUTCD can be downloaded for free at https://mutcd.fhwa.dot.gov/

C.19 TEMPORARY FACILITIES

STAGING AREA: The Contracting Officer’s Representative shall arrange the location for exterior stockpiling of materials per project location or by COR direction. The Government will provide adequate staging area as close to the project site as practicable.

In most cases, the Government will not provide any secured storage/staging areas for the Contractor.

The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area and/or project site.

SANITARY FACILITIES: Toilet facilities will not be provided by the Government at project sites unless specifically identified in the Task Order.

WATER, AND ELECTRICITY: Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work at no additional cost to the government.

TELEPHONE: Cell phone or wireless access may or may not be available at the project sites.

C.20 EXISTING UTILITIES

The contractor shall locate all utilities on the project site prior to any construction commencing. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services (i.e. One Call), and by potholing. Contractor shall be responsible for repairing any utilities damaged during performance of work.

https://mutcd.fhwa.dot.gov/

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C.21 RESOURCE PROTECTION

During the duration of any construction project Task Order, the Contractor shall preserve and protect all vegetation (such as trees, shrubs, and grass) adjacent to the work site not found within the clearing limits, which are not to be removed and which do not unreasonably interfere with the work required under this solicitation. 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.).

C.22 TECHNICAL SECTION

C.22.1 TECHNICAL SPECIFICATIONS

The work shall conform to these specifications and any supplemental specifications and/or scope of work issued with each individual Task Order. All work shall be performed in compliance with the most recent Occupational Safety and Health Administration (OSHA) regulations.

The applicable Standard Specifications, Supplemental Specifications, and any Project Special Specifications will be shown in the specification listing contained in the individual Task Order. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The applicable Forest Service Supplemental Specifications shown in the Task Order specification list will be physically attached to the order.

C.22.2 PROJECT DRAWINGS / CONSTRUCTION DRAWINGS

The work shall conform to the drawings when provided with the Task Order.

C.22.3 CONSTRUCTION SCHEDULE/VALUES

For all Task Orders within one (1) week after approval or award of Task Order, the contractor shall submit a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, labor, equipment, and activity proposed for each day of operations) per FAR Clause 52.236-15. A final construction schedule shall be submitted within 5 days after the Notice to Proceed. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This document shall describe multiple activities being proposed from start to finish of the project and show construction work completion in percentage.

The construction schedule shall define the overall time required to perform the identified work. This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule.

Notify the Contracting Officer whenever there are significant departures from the approved Construction Schedule. Submit any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4e844c537457149a27a94427b43e7320&term_occur=999&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.236-15 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4e844c537457149a27a94427b43e7320&term_occur=999&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.236-15 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e69b95bd682271811cd372b51b7b258d&term_occur=999&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.236-15

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C.22.4 MAPS

Individual Task Order construction drawings will include vicinity and project location site maps.

C.22.5 PRE-FINAL AND FINAL INSPECTIONS

C.22.5.1 For each individual task order, the Contractor and the COR shall jointly conduct a pre-final inspection prior to the Contractor requesting a final inspection. The pre-final inspection date shall be determined by joint agreement of the parties. Any discrepancies noted during the pre-final will be corrected within five working days. If the Contractor’s Quality Control (CQC) manager determines that the discrepancies have been corrected, a final inspection may then be requested.

C. 22.5.2 Pre-final and final inspections and any correction of deficiencies shall be accomplished within the task order’s period of performance.

C.22.6 ACCEPTANCE OF WORK

Prior to final acceptance of the job, the Contractor shall ensure the following:

1. Final Certified payrolls are on file;

2. All payrolls are complete;

3. Contractor’s Standard 1-year warranty (FAR 52.246-21) is submitted;

4. All product warranties (FAR 52.246-21) are submitted; and

5. All Government property is accounted for or restitution has been made.

Final acceptance will not be made prior to the COR receiving all submissions required. Failure to submit required items could result in withholding of payment of funds on the task order.

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 COORESPONDENCE

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.

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SECTION E—INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

The following clause applies to ordered service Task Orders:

52.212-4 Contract Terms and Conditions---Commercial Products and Commercial Services

(NOV 2021)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedules for Construction Contracts (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 the specified completion date for each task order. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount specified completion date for each task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.2 OTHER REQUIREMENTS

The Contracting Officer may issue orders to suspend or stop 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 trails 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, placing of asphalts or concrete 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

15 | P a g e 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, or FAR 52.242-15, Stop-Work Order and shall not qualify for an equitable adjustment.

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 before work begins, after the date of contract award. The conference will be held at a location to be determined as agreed upon.

G.2 OTHER REQUIREMENTS

Task Orders – Request for Quote (RFQ) Procedures

a) A Task Order is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this Contract any warranted Forest Service Contracting Officer may solicit quotes and issue task orders against this contract.

c) Additional specifications may be provided with each RFQ.

d) RFQs will be transmitted primarily via e-mail.

e) RFQs may include evaluation criteria (ie: past performance, technical approach, etc.) which will require the submission of a technical proposal. All RFQs shall specify the method for award determination and indicate the required response documentation.

f) Upon the receipt of an RFQ from the Government, the Contractor shall respond as specified.

g) Contract holders will receive fair opportunity to be considered for each RFQ unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of TBD at TO level if applicable per occurrence.

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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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

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

(JAN 2017)

52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT

2016) 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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2022) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2022)(DEVIATION DEC 2022) 52.219-9 Small Business Subcontracting Plan (OCT 2022) 52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (MAR 2023) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 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) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace…