Solicitation 127EAW24R0008 - Siding Repair.pdf
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- Solicitation number
- 127EAW24R0008
- Issued by
-
Department of Agriculture Forest Service
About this file
This solicitation requests proposals for a siding repair project at a research station. The work includes demolishing damaged siding, repairing or replacing sheeting, installing a moisture barrier and new redwood siding, removing and replacing an electrical outlet, and preparing and staining the new siding to match existing colors. The total small business set-aside project budget is less than $25,000. Offerors must provide pricing for all line items by the response deadline to be eligible for award. The contractor will perform all work, including obtaining permits, in accordance with specifications over a five-day performance period.
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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
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
1119623
USDA FOREST SERVICE
PPS FPO SW ZONE CSA-6
ROBERT ARCHER
CONTRACT SPECIALIST
7EAW
USDA FOREST SERVICE
CONTRACT SPECIAIST
VIA EMAIL ONLY
ROBERT.ARCHER@USDA.GOV
ROBERT ARCHER
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
1x 02/16/2024
127EAW24R0008
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT: Siding repair, office building.
Pacific Southwest Research Station. Arcata, CA.
Total Small Business Set-Aside
IAW FAR 36.204 Disclosure of Magnitude of the Construction Project - Less than $25,000.
Important Notes:
Refer to complete continuation pages for bid schedule, scope, specifications, exhibits, and all other information and terms.
Section B.2 provides notes on the bid schedule and bid submission.
Section A provides proposal submission instructions and requirements and Site Visit information.
In no event shall failure to inspect the site constitute grounds for a claim after contract award.
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.)
10 5 calendar days and complete it within ________________ ________________ calendar days after receiving
FAR 52.211-10
03/11/2024
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 FOREST SERVICE
PPS FPO SW ZONE CSA-6
ROBERT ARCHER
CONTRACT SPECIALIST
7EAW
JEREMY B. BEDNER
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
Invoice Processing Platform, www.ipp.gov x
Solicitation No: 127EAW24R0008 Project Name: Siding Repair, office building. Pacific Southwest Research Station
Table of Contents
SECTION A – INSTRUCTIONS FOR OFFERORS
A.1 PROPOSAL (PRICE QUOTE AND TECHNICAL OFFER) SUBMISSION
A.2 OFFER EVALUATION AND AWARD DETERMINATION
A.3 SITE VISIT INFORMATION
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS BASE ITEM
B.2 SCHEDULE NOTES
B.3 PROJECT TECHNICAL CAPABILITY QUESTIONNAIRE
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C-2 PROJECT LOCATION AND ACCESS
C-3 EQUIPMENT
C-4 SPECIFICATIONS
SECTION D--PACKAGING AND MARKING
D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
G.1 GOVERNMENT CONTRACT REPRESENTATIVES
G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS
G.3 BASIS OF PAYMENT
G.4 GOVERNMENT-FURNISHED PROPERTY
G.5 POST-AWARD MEETING / PRE-CONSTRUCTION CONFERENCE
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
L.1 PROVISIONS
SECTION A – INSTRUCTIONS FOR OFFERORS
A.1 PROPOSAL (PRICE QUOTE AND TECHNICAL OFFER) SUBMISSION
A. The following items comprising the complete Proposal shall be provided with the offer:
i. SF1442. Complete Blocks 30a-c. Signed by an individual authorized by bind the firm.
ii. Price Offer. Complete B.1 Bid Schedule.
iii. Project Technical Capability Questionnaire. Responses are required. See B.3
iv. Amendments to the soliciation.
Ackowlwedged/signed. If applicable. See C. below.
v. Complete all Representations and Certifications listed in Section K.3.
Offerors may include the electronic version of the completed Representations and Certifications from vendor record/profile from the System for Award Management (SAM). https://www.sam.gov/SAM/
vi. Contractors shall include the following information with their proposal submission:
Company Name: _______________________
Unique Entity ID [UEI] Number: _______________________
SAM Registered: YES or NO _______________________
POC Name & Title: _______________________
Phone Number: _______________________
Email: _______________________
B. Proposals (price quote and technical offer) shall be submitted VIA EMAIL ONLY to Robert Archer, Contract Specialist.
Submit complete proposal to robert.archer@usda.gov
No hardcopy proposals shall be accepted.
C. Questions / Requests for Information must be submitted within seven (7) business days of the proposal due date. Questions submitted after this due date may not be considered by the Government for review and answer.
https://www.sam.gov/SAM/ mailto:robert.archer@usda.gov
All RFIs shall be addressed in-writing (via email) to the Contract Specialist at Robert.Archer@usda.gov. Answers to all technical questions submitted timely shall be provided via an Amendment published to Contracting Opportunities on SAM.gov under the subject solicitation announcement.
Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.
D. General The Government must receive your proposal no later than the date and time specified in this solicitation announcement as specified by the initial Contract Opportunities announcement – OR – the date/time specific in solicitation amendment(s) revising the due date, if any. Electronic proposals must be transmitted and confirmed received by the established due date and time. Contractor is responsible for verifying receipt of proposal by the Contract Specialist.
Offeror shall be required to submit the proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Each Offeror responding to this solicitation must submit to the Government its offer consisting of the documentation described in Section A. Such documentation shall be submitted with the offer and shall conform to the requirements of the solicitation. Nonconforming offers may result in rejection of the offer. Failure to include the required submission with sufficient information for the Government to evaluate may result in an Unacceptable rating and possible elimination from further consideration for the contract award. The Government may reject any or all proposals, make award to other than the lowest offeror and waive minor informalities or irregularities in offers received. If necessary, the Government may conduct discussions with any offeror. The Government may award a contract on the basis of offers as received, without entering into discussions with any offeror. Therefore, each initial offer should contain the offeror's best terms.
mailto:Robert.Archer@usda.gov
A.2 OFFER EVALUATION AND AWARD DETERMINATION
A.2.1 Evaluation Factors The Government will select for award offers/proposals that represent the Best Value for the Government based on the Lowest-Price Technically Acceptable (LPTA) evaluation method with the following evaluation factors:
1. Technically Capability
Understanding, Capability, and Prior Experience associated with the Government’s project requirement.
Past Performance Evaluation shall be based on the Government’s review of completed performance evaluations in the Government’s past performance database, Contractor Performance Assessment Reporting System (CPARS).
Performance review shall also apply to the prior projects/contracts submitted with the Technical Project Questionnaire.
Past performance shall be evaluated in terms of the quality of the offeror’s performance on the prior contracts with completed Federal Government performance evaluations (CPARS), prior projects/contracts submitted by the offeror, and/or other sources. The Government may contact and reserves the right to interview the project/contract references included on offeror’s submitted prior projects/contracts or the Government representative listed in CPARS.
The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The Government may review any other sources of information for evaluating past performance. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Contractor Performance Appraisal Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other Government officials. While the Government may elect to consider data from other sources, the burden of providing detailed, current, and accurate prior experience and past performance information rests with the offeror.
2. Price The quote/price offer is based on the pricing information submitted per Section B – Schedule of Supplies and Services B.1 Bid Schedule.
The proposal price shall be evaluated for Fair and Reasonable Pricing and Price Realism.
A.2.2 Evaluation Ratings Proposal shall be evaluated and rated as either Acceptable or Unacceptable.
“Acceptable” defined as offeror/proposal clearly demonstrates the ability to meet the requirements of the RFP.
“Unacceptable” defined as offeror/proposal does not clearly demonstrate the ability to meet the requirements of the RFP.
A.2.3 Contractor Responsibility Determination The Government will determine contractor responsibility by analyzing whether the selected awardee comply with FAR 9.1 including:
• Registration in the System of Award Management (SAM); offeror must have an active registration at the time of proposal submission.
• Adequate financial resources or the ability to obtain them;
• Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
• Satisfactory record of integrity and business ethics;
• Necessary organization, experience, skills, and facilities or the ability to obtain them;
• Otherwise, qualified and eligible to receive an award under applicable laws and regulations.
A.3 SITE VISIT INFORMATION
The Government will not provide an organized, scheduled, or guided pre-bid site visit. Contractor self-guided site visits are allowed. All roads are open for visit. Prospective bidders are highly encouraged to visit the site to understand existing conditions.
Interested bidders may contact the COR for questions, or logistics regarding visiting the site between the hours of 8AM and 5PM, Monday through Friday. Except federal holidays.
SITE VISIT POC
Nathaniel Mcbroome C: 530-276-5179 nathanial.mcbroome@usda.gov
The Forest Service highly recommends that bidders visit the project site / work area to ensure complete understanding of the requirement and knowledge of site conditions and operational challenges.
IAW FAR 52.236-27 SITE VISIT (CONSTRUCTION)
The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(END OF SECTION)
mailto:nathanial.mcbroome@usda.gov
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
BASE ITEM
Item Number Description
Pay Unit Est. QTY. Unit Price Total Price
0001 Mobilization LS 1 0002 Demolition Materials Garbage Bags, Blades, Gloves, Misc. Disposable Materials LS 1 0003 Site Prep Materials Plastic, Drop Clothes, Tape LS 1 0004 Disposal Fees Dump Fees LS 1 0005 Materials To Repair Wall Sheeting From Fire Damage.
Wall Framing Materials 2x4s, Plywood Sheeting, Moisture Barrier, Fasteners, LS 1
Exterior Siding & Trim Materials Redwood, V-Groove Lap Siding 120 Linear Feet FT 120
0007 Sealing & Caulking Materials LS 1 0008 Siding Installation Materials Nails, And Screws LS 1 0009 Remove Electric Outlet And Install Electrical Materials
Cover Plate LS 1 0010 Painting/Staining And Prep Materials Stain, Rags, Plastic, Tape, LS 1
Contract Total =
B.2 SCHEDULE NOTES
1. Required to submit pricing for ALL bid items. Include unit pricing and totals for all bid items.
Failure to do so may result in the proposal being rejected without further consideration. No breakdown of the unit price is required.
2. All quantities in the bid schedule are Contract Quantity [CQ]. Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.
3. The Government has an estimated price range of less than $25,000.00.
IAW FAR 36.204 – Disclosure of the Magnitude of Construction Projects
B.3 PROJECT TECHNICAL CAPABILITY QUESTIONNAIRE
Required to submit answers to the following questions with the proposal:
1. Provide a brief explanation of your capability to accomplish this work. Include a list of equipment you will provide to complete the work (owned or rented).
2. Provide at least one (1) example of projects/contracts completed within the prior three (3) years of a similar nature as required by this RFP.
Include the dates of performance, price, contract number, who you worked for, contact person/reference, and their phone number.
3. Site Visit. Did you visit the site? Yes or No.
If Yes, to what extent and what did you encounter?
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
The project, Siding Repair, is located at the Pacific Southwest Research Station, Arcata, CA. An office building at the research station is in need of siding repair.
Work consists of the following:
• Demolition of damaged siding and sheeting as needed for repairs.
• Repair or replace plywood sheeting and add blocking necessary to properly nail sheeting.
• Install moisture barrier such as polyethylene sheet or similar material compatible with wood siding to be used with plywood sheeting and redwood siding.
• Install new Redwood siding in place of damaged siding. Estimated 120 linear feet of siding required. Work area of damage is approximately 40 square feet.
• Remove current 120v 20 amp GFI electrical outlet to conduct work and replace with a blank cover hiding exposed wires.
• Staining and sealing newly installed siding repair section to match existing siding color and texture.
• All hot work such as welding, brazing, grinding, etc. must have a written fire plan to include dedicated fire watch. Portable fire extinguishers must be provided by contractor and made accessible to crew working there.
• California State License Board B- General Building required.
• 1 year warranty required for craftsmanship and material defects.
The contractor shall provide al personnell, equipment, supplies, facilites, transportation, tools, materials, supervision, testing, nonpersonal services, and all incidental items necessary to perform the requirements of this SOW and associated contract award.
All work shall be done in accordance with applicable Specifications and Industry Standards. Where one or more of these conflict, the most stringent shall apply to the prosecution of work. The attachments listed in Section J are hereby made part of this solicitation and any resultant contract.
Contractor shall, without any additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for compliance with any federal, state, and local laws, codes, regulations, and ordinances applicable to and required for performance of the project work.
Submittal Requirements The following submittals are required for this project: Title
Referenced by Specification No
Time of Government Approval After Submittal
Fire Plan Fire Protection and Suppression 14 days Construction Schedule FAR 52.236-15 14 days Safety Plan FAR 52.236-13 14 days Material Submittals Construction Specifications Institute 14 days
C-2 PROJECT LOCATION AND ACCESS
The project area is 1700 Bayview Drive Arcata, CA 95521. The site will be available for work from 0500 to 2000.
C-3 EQUIPMENT
All equipment shall be suitable for the purpose intended and shall meet all requirements of the Occupational Safety and Health Act. The Contracting Officer may order the removal or require the replacement of any unsatisfactory equipment.
C-4 SPECIFICATIONS
Contractor shall adhere to Construction Specifications Institute (CSI) standards and guidelines. In particular, CSI Codes 07 46 23 Wood Siding, 06 20 13 Exterior Finish Carpentry, 26 27 26 Wiring Devices.
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 Specifications referenced in Section J.
452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
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 is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
FAR 52.246-12 Inspection of Construction (AUG 1996)
AGAR 452.246-70 Inspection and Acceptance (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative [Contracting Officer Representative – COR] 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 sites.
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.
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
INCORPORATED BY REFERENCE
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 project within 5 calendar days. The time stated for completion shall include final cleanup of the premises.
AGAR 452.211-74 Period of Performance (FEB 1988) The project contract duration is estimated to have period of performance (POP) of 5 calendar days from the issuance of the Notice to Proceed (NTP).
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 GOVERNMENT CONTRACT REPRESENTATIVES
Contracting Officer (CO) responsible for this contract
Jeremy Bedner Procurement and Property Services (PPS), Field Procurement Operations, Southwest Zone Contract Service Area (CSA)6 – Construction and A&E Contracts Branch
Jeremy.bedner@usda.gov
Only a U.S. Forest Service warranted Contracting Officer may change or modify the terms of this contract.
All such actions must be formalized by a proper contractual document executed by the Contracting Officer.
Contract Specialist (CS) for this contract
Robert Archer Robert.Archer@usda.gov
Contracting Officer’s Representative (COR) for this contract
Nathaniel Mcbroome Facility Management Specialist Pacific Southwest Research Station nathaniel.mcbroome@usda.gov
The Contracting Officer will provide a formal designation of the Contracting Officer's Representative (COR) at the time of contract award.
The 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 COR will act as a liaison between the U.S. Forest Service and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor of its responsibilities under the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the mailto:Jeremy.bedner@usda.gov mailto:Robert.Archer@usda.gov mailto:nathaniel.mcbroome@usda.gov
Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer and Contract Specialist. 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 if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
The performance of the work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule.
Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.
G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS
G.2.1 INVOICE PROCESSING PLATFORM [IPP]
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System. “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.
The IPP website address is: https://www.ipp.gov.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 Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail ippgroup@bos.frb.org or phone (866) 973-3131.
Invoices shall be submitted not more frequently than once every two weeks.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
https://www.ipp.gov/
• Certified Payrolls. Prime contractor and subcontract payrolls (if applicable). See G.2.2.
• Release of Claims. Required for final payment. See G.2.4
G.2.2 Certified Payrolls.
The Contractor shall submit payrolls weekly for each week in which any contract work is performed. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov, including the certification verbatim from the WH-347. Forms from other State or County governments are not compliant.
G.2.3 Wage Determination Construction Wage (Davis-Bacon) Decision applies to this project and associated award.
CWD included as Attachment 3 for Humboldt County . Refer to Section J.
G.3 BASIS OF PAYMENT
Payment will be made at the contract unit price for all work indicated the Pay Item Schedule (B.1), in accordance with the Specifications and Statement of Work (SOW), completed and accepted.
The intent of the contract is to provide for the completion of the project described in this contract.
Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with SOW and all exhibits of the contract. Payment for contract work will be made only for and under those pay items included in the Pay Item Schedule. All other work and materials will be considered as incidental to and included in the payment of items shown.
The pricing and payment associated shall constitute full compensation for furnishing and hauling all necessary materials to the project site, for proper disposal of all waste materials, and for furnishing all labor, tools, equipment, and incidentals necessary to complete the project as specified.
Payment will be made on actual work performed.
Payment for Materials Off Site In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.
Incidental Payment Items The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, http://www.dol.gov/ specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.
Final Payment The following is required for final payment:
Contract Release / Release of Claims
When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $_____, Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.
Reservations:” _______" Template will be provided to the contract awardee
G.4 GOVERNMENT-FURNISHED PROPERTY
NONE
G.5 POST-AWARD MEETING / PRE-CONSTRUCTION CONFERENCE
IAW AGAR 452.215-73 (NOV 1996)
IAW FAR 52.236-26 (FEB 1995)
A post-award meeting / pre-construction conference with the awardee is required. It should be scheduled and held within 10 days following the date of contract award. The conference will be held at virtually via Microsoft TEAMS at a mutually agreeable date/time and will be scheduled by the CO and
COR.
Note: An in-person meeting at the project site shall be coordinated between the contractor and the COR and other Forest representatives.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
i. Project Manager
ii. Project Superintendent
iii. Quality Control Manager
iv. Project Safety Manager
v. After-Hours Emergency Contact
vi. Signature Authority for Contract Mod
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested.
by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
Use of Premises
(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.
(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment; however, the fence shall be removed, and the site restored prior to final acceptance of the contract.
(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes, and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.
(d) Potable water and sanitary facilities are NOT available for use during construction.
(e) The Contractor is authorized to use roads that are part of the construction project and those
Forest Service Roads designated below for performance of work under this contract.
(f) The Contractor is responsible for all road maintenance and repair work caused by their operations.
Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over-width permits. Forest Service overload permits for this project may be obtained from the Supervisor’s Office located in Eureka.
Heritage/Archeology
(a) In the event that cultural resources are discovered during implementation, all work in the area shall cease and the Forest Heritage Program Manager shall be notified immediately. Any inadvertent discoveries within the project boundary shall be protected utilizing Standard Protection Measures as stipulated in the First Amended Region 5 Programmatic Agreement (2018 R5 PA).
(b) Should inadvertent effects to or unanticipated discoveries of human remains be made on Region 5 lands, the County Coroner (California Health and Safety Code 7050.5(b)) shall be notified immediately.
If the remains are determined to be Native American or if Native American cultural items pursuant to NAGPRA are uncovered, the provisions of NAGPRA and its regulations at 43 CFR 10 and ARPA at 43 CFR 7 shall be followed on federal lands (R5 PA Stipulation 7.9 (a)).
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 (NOV 2013) 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 (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 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 (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees
Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements \ (JAN 2014) 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 (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (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 (JUL 2018) 52.204-24 Representation Regarding 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 (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015 52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUNE 1988) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Representation (SEPT 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations
52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Fund (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JULY 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 (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEPT 2013)
52.223-5 Pollution Prevention & Right-To-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
(AUG 2018)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-9 Buy American – Construction Materials (NOV 2021) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity—Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance—Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety—Pledge of Assets (FEB 2021) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments – Alternate I (MAR 2000) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2021) 52.246-21 Warranty of Construction (MAR 1994) Alternate I (ARPIL 1984) 52.249-2 Termination for Convenience of the Government (Fixed-Price) Alternate I (SEPT 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.242-14 Suspension of Work (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (AUG 1996)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.236-71 Prohibition Against the use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) 452.237-70 Loss, Damage, Destruction, or Repair (FEB 1988)
52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
52.225-9 Buy American Act-Construction Materials (OCT 2022)
(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
https://www.acquisition.gov/far/part-2#FAR_2_101
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means—
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if–
(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS…
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