Solicitation 127EAW24R0036 - Ramona Air Attack Base Warehouse Repairs - Cleveland NF.pdf
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- Ramona Air Attack Base Warehouse Repairs
- Solicitation number
- 127EAW24R0036
- Issued by
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Department of Agriculture Forest Service
About this file
This document is a solicitation for the Ramona Air Attack Base Warehouse Repairs project, a construction contract issued by the USDA Forest Service. The project is a total small business set-aside with a magnitude between $25,000 and $100,000. The work includes removing and replacing the roof, siding, windows, and painting the exterior of the 1,600 square foot warehouse building. The solicitation provides details on the scope of work, technical specifications, bid schedule, and bid submission requirements. It requires a 46-calendar day period of performance from the notice to proceed. Bidders must submit proposals by June 24, 2024 and are required to attend a pre-proposal site visit on June 13, 2024. The solicitation includes FAR clauses, bonding requirements, and evaluation factors for award.
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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 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)
1127389
USDA FOREST SERVICE
PPS FPO SW ZONE CSA-6
TANYA TORRES
CONTRACT SPECIALIST
7EAW
VIA EMAIL ONLY
TANYA.TORRES@USDA.GOV
TANYA TORRES
1x 05/23/2024
127EAW24R0036
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT: Ramona Air Attack Base Warehouse Repairs Cleveland National Forest
Total Small Business Set-Aside
IAW FAR 36.204 Disclosure of Magnitude of the Construction Project: Between $25,000 and $100,000
Important Notes:
Refer to complete continuation pages for bid schedule, scope, specifications, maps, and all other information and terms.
Section B.2, page 6, provides notes on the bid schedule and bid submission.
Section L, Paragraph L.2, page 33, has information regarding documents to submit with your proposal.
A FS organized pre-proposal site visit will be held on 13 June 2024 at 10:00 AM hours PDT.
See page 38 and 39 for full site visit details.
Please RSVP to the site visit by emailing Contract Specialist, Tanya Torres at Tanya.Torres@usda.gov.
All Requests for Information (RFI's) shall be submitted to the Contract Specialist via email to Tanya.Torres@usda.gov, on the attached RFI form, no later than 17 June 2024, 11:00 AM hours PDT.
In no event shall failure to inspect the site constitute grounds for a claim after 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 46 calendar days and complete it within ________________ ________________ calendar days after receiving
FAR Clause 52.211-10
06/24/2024
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
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
7EAW
USDA FOREST SERVICE
PPS FPO SW ZONE CSA-6
TANYA TORRES
CONTRACT SPECIALIST
Contractors must submit invoices through the Invoice Processing Platform (IPP), a secure web-based, payment information system provided by the U.S. Department of the Treasury’s Financial Management Service at https://www.ipp.gov/
Solicitation No: 127EAW24R0036 Project Name: Ramona Air Attack Base Warehouse Repairs
Table of Contents
PART I—THE SCHEDULE
SECTION B-- SCHEDULE OF ITEMS
B.1 SCHEDULE OF ITEMS (BASE CONSTRUCTION)
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 1)
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 2)
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 3)
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 4)
B.2 SCHEDULE NOTES
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C.2 PROJECT LOCATON
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
C.4 TECHNICAL SPECIFICATIONS
C.5 PROJECT MANAGEMENT
C.6 GENERAL INFORMATION
C.7 DELIVERABLES
C.8 CLAUSES
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 INVOICES & PAYMENTS
G.2 CONTRACT ADMINISTRATION DATA
G.3 CLAUSES
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
H.2 SPECIAL REQUIREMENTS
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 GENERAL INSTRUCTIONS
L.2 SUBMISSION OF PROPOSAL DOCUMENTS:
L.3 TECHNICAL PROPOSAL INSTRUCTIONS
L.4 PROVISIONS
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 PROVISIONS
M.2 PROPOSAL EVALUATION
M.3 TECHNICAL EVALUATION FACTORS
M.4 EVALUATION RATINGS
M.5 AWARD DETERMINATION
PART I—THE SCHEDULE
SECTION B-- SCHEDULE OF ITEMS
B.1 SCHEDULE OF ITEMS (BASE CONSTRUCTION)
Item Construction Items Qty UOI Unit Price Total Price
01 71 13 Mobilization for All Work Items 1 Lump Sum $______________ $_______________
07 31 13
Asphalt Shingles Roofing A - Remove Existing and Install New Shingles, Underlayment, Fascia, Soffit, Flashing, Vents, Sleeve and Collars, Moisture Protection Material, Incidentals and Appurtenances
1 Lump Sum $______________ $_______________
05 50 00
Metal Fabrications A - Remove Existing Exterior Metal Siding and Install New Metal Siding, Incidentals and Appurtenances
1 Lump Sum $______________ $_______________
08 50 00 Windows A - Remove Existing Exterior Windows and Trim, and Install New Windows with Screens
1 Lump Sum $______________ $_______________
09 90 00 Painting A - Paint Existing Exterior Block Stem Wall 1 Lump Sum $______________ $_______________
BASE TOTAL: $_______________
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 1)
06 10 00 Rough Carpentry A - Remove and Replace Roof Substrate Decking Material
1 Lump Sum $___________ $___________
OPTION 1 TOTAL: $___________
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 2)
06 10 00 Rough Carpentry A - Remove and Replace Wood Support Components
OPTION 2 TOTAL: $___________
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 3)
05 50 00
Metal Fabrication A - Remove Existing Sliding Doors and Install Metal Overhead Roll Up Door, including Framing of Wall and New Door
OPTION 3 TOTAL: $___________
B.1 SCHEDULE OF ITEMS - (ADDITIVE / OPTION 4)
07 42 13
Metal Roof - This Item Shall Be in Place of Asphalt Shingle Roof A - Remove Existing Asphalt Shingles and Underlayment, and Provide and Install Metal Roof, Fascia, Soffit, Flashing, Vents, Sleeve and Collars, Moisture Protection Material, Incidentals and Appurtenances
OPTION 4 TOTAL: $___________
BASE + ALL FOUR (4) OPTION TOTAL: $___________
B.2 SCHEDULE NOTES
* QUANITIES ARE ESTIMATED, CONTRACTOR SHALL FIELD VERIFY TO SATISFY ALL REQUIREMENTS OF THE
DRAWINGS, STATEMENT OF WORK, AND SPECIFICATIONS.
* Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.
* One award will be made from this solicitation, contractors must submit pricing for all items.
NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.
Company Name: POC & Title:
Email: Phone Number:
UEI Number: Tax ID:
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
The Contractor should refer to the Schedule of Items, Drawings and Specifications when making estimates of quantities or work.
The Contractor shall be responsible for providing all labor, tools, material, and equipment necessary to perform all work in strict accordance with the specifications and drawings. 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 for the items shown.
1. All work and products shall meet the California Building Codes, Wildland Urban Interface Building Standards and Title 24 Requirements in addition to other required regulations as stated in the Specifications. The work shall be waterproof, rodent proof, and weathertight.
2. This project will include, but is not limited to the following:
a. The Ramona Air Attack Base Warehouse building is approximately 1600 square feet and the existing roof type is approximately 1920 square feet of asphalt composition shingles. Reroof structure by removing all roofing shingles and underlayment down to the substrate material and install all new asphalt shingles, ridge cap shingles, moisture protection material, fasteners, sealants, flashings, vents, sleeves and collars, appurtenances and incidentals for a complete roofing system.
b. Remove approximately 200 linear feet of existing fascia and install all new fascia boards and soffit.
Fascia shall be replaced with identical materials or as required by Wildland Urban Interface requirements. Soffit and all under eave protection shall be in accordance with Wildland Urban Interface requirements.
c. All existing exterior windows and all exterior window trim shall be removed. Replace with new vinyl windows of the same size, with screens.
d. All existing metal siding shall be removed and replaced with approximately 1850 square feet new corrugated ribbed metal siding.
e. Existing block stem wall shall be repainted after existing siding is removed, approximately 500 square feet.
f. It is estimated that the existing warehouse building was constructed in the 1970’s. Recent lead based paint sampling and testing was completed and no lead based paint was found on exterior of the building. Asbestos sampling and testing was recently completed and no roof components were shown to have asbestos.
g. Existing conditions shall be verified by the Contractor. The existing roof area is approximately 1920 square feet and shall be verified by the Contractor. Contractor shall inspect existing roof prior to beginning construction and bring to the attention of the Contracting Officer any discrepancies not covered by contract work listed herein. A site visit is highly recommended prior to bidding.
h. All work shall be performed in a manner to minimize ground disturbance.
i. ADDITIVE / OPTION ITEM 1: Remove and replace roof substrate decking material with like material where required to complete necessary work. An estimated 200 square feet of roof decking repair work is estimated, however this quantity may change when substrate material is exposed. All repair work is to be discussed with the Contracting Officer prior to substrate replacement. If during bidding process, Contractor anticipates a larger area of substrate material needing replacement, this should be stated in bid proposal.
j. ADDITIVE / OPTION ITEM 2: Remove and replace wood support components where required to complete necessary work. An estimated 500 linear feet of wood replacement repair work is estimated, however this quantity may change when existing materials are removed and support components are exposed. All repair work is to be discussed with the Contracting Officer prior to replacement. If during bidding process, Contractor anticipates a larger area of material needing replacement, this should be stated in bid proposal.
k. ADDITIVE / OPTION ITEM 3: Remove and replace four existing sliding doors with one metal manual chain operated overhead roll up door with sliding lock mechanism and all framing for new wall and for new door.
l. ADDITIVE / OPTION ITEM 4: This item shall be in place of new asphalt shingle roof. Reroof structure by removing all existing asphalt shingles and underlayment down to the substrate material, provide and install all new standing seam metal roof, ridge , underlayment, moisture protection material, fasteners, cements, sealants, fascia, soffit, flashings, vents, sleeves and collars, and all appurtenances and incidentals for a complete roofing system.
Total period of performance time is 46 calendar days from the issuance of the Notice to Proceed.
C.2 PROJECT LOCATON
Ramona Air Attack Base, San Diego County, Palomar Ranger District.
From San Diego, California, travel Interstate 8 East for ~ 35 miles to the State Highway 67 exit. Then travel North for ~ 37 miles to Montecito Road. Turn left and travel for 5 miles to the Ramona Air Attack Base, on the South (left) side of the road. Site address: 2498 Montecito Road, Ramona, California 92065. There is a locked gate at the entrance to the site.
Maps included in Section J are general in nature and are not to be considered as definitively identifying locations.
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
FAR 32.204 - Disclosure of Magnitude of the Construction Project:
• Between $25,000 and $100,000
C.4 TECHNICAL SPECIFICATIONS
The Construction Specification Institute (CSI) specifications applicable to this contract are listed below:
00 01 10 TABLE OF CONTENTS
01 11 00 SUMMARY OF WORK
01 14 00 WORK RESTRICTIONS
01 31 00 PROJECT MANAGEMENT AND COORDINATION
01 33 23 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
01 40 00 QUALITY REQUIREMENTS
01 41 00 REGULATORY REQUIREMENTS
01 57 24 STORMWATER POLLUTION CONTROL
01 71 13 MOBILIZATION
01 74 00 CLEANING AND WASTE MANAGEMENT
01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
01 78 36 WARRANTIES
02 41 00 DEMOLITION
05 50 00 METAL FABRICATIONS
06 10 00 ROUGH CARPENTRY
07 00 00 THERMAL AND MOISTURE PROTECTION
07 31 13 ASPHALT SHINGLES ROOFING
07 42 13 METAL ROOF
07 62 00 FLASHING AND SHEET METAL
07 92 00 JOINT SEALANTS
08 50 00 WINDOWS
09 90 00 PAINTING
Technical Specifications: See Section J for Specifications.
Section J of this contract contains Supplemental and Special Project Specifications that supplement and/or modify the Standard Specifications. The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item in the Schedule of Items.
C.5 PROJECT MANAGEMENT
The contractor shall appoint a Project Manager to coordinate all Contractor’s activities during construction and to liaise with the Contracting Officer Representative (COR) and/or Contracting Officer (CO), and Project Engineer for the USDA Forest Service. Contractor shall designate in writing an on-site superintendent to be on-site at all times that any construction activities take place and to coordinate all site work and activities.
C.6 GENERAL INFORMATION
Parking and Storage The Contractor shall coordinate parking of their vehicles and temporary storage of equipment and materials with the Contracting Officer. Contractor shall have all heavy equipment washed prior to entering the project area to remove soil, seeds and plant material from noxious weeds to prevent the introduction and spread of weeds not already present on Palomar Ranger District. Inspections shall be coordinated and scheduled with the Contracting Officer’s Representative at least 3 business days prior to equipment arriving on site.
C.7 DELIVERABLES
C.7-1 Fire Plan See the Fire Plan for fire restrictions and requirements, emergency contact information, and fire project activity levels.
C.7-2 Work Plan The Contractor(s) shall provide the Government with a Work Plan for the project prior to mobilization.
This Work Plan shall include, but is not limited to, the following:
• A description of how the work will be performed.
• Specific exclusions/assumptions regarding the specific work to be performed.
• A listing of personnel and contact information, including subcontractor(s), working on the project.
• A list of equipment proposed for use on the project.
• A Project Work Schedule.
• Detailed cost estimate/cost breakdown of work to be performed per Specification Section that can be used for partial payments as work is completed and accepted.
C.7-3 Storm Water Management Plan Contractor shall develop an Erosion Control/Storm Water Control Plan. Contractor shall identify and address all types and specific locations of erosion control measures.
C.7-4 Construction Waste Management Plan Contractor shall develop a proposal on how to collect, segregate, and dispose of all construction wastes and debris produced by the work of this contract, including hazardous materials.
C.7-5 Spill Prevention Control and Countermeasures (SPCC), spill response plan and an emergency response plan for refueling and servicing vehicles.
Identify and use suitable measures around vehicle service, storage and refueling areas, and waste dumps to fully contain spills and avoid or minimize soil contamination and seepage to groundwater. Use suitable measures to avoid spilling fuels, lubricants, cleaners, and other chemicals during handling and transporting. Report spills to the Contracting Officer’s Representative and initiate suitable cleanup action in accordance with applicable State and Federal laws, rules, and regulations.
C.8 CLAUSES
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.
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.
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.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
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 46 calendar days. The time stated for completion shall include final cleanup of the premises.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 INVOICES & PAYMENTS
All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.
This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.
Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).
Itemized invoice shall include at a minimum:
Contractor Name & Address Contract, Task Order or Purchase Order numbers Invoice Number Description of Services or work completed Date of services or completion.
G.2 CONTRACT ADMINISTRATION DATA
1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.
2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.
3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.
5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.
6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.
G.3 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 within 10 days after the date of contract award. The conference will be held virtually via a Government led TEAMS meeting.
https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm
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.
H.2 SPECIAL REQUIREMENTS
Emergencies Fire Plan
[X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.
Utility Services The contractor is responsible for water, electricity, and restrooms.
Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the
Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.
Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor their personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.
Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.
Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.
Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.
If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.202-1 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) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of
Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN
2017) 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) 52.204-19 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) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment (AUG 2020) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 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
(SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN
2016) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 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) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 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) 52.232-17 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 (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 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) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)
Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP
1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)
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.
"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 item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners.
Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together.
Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the
United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).
The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1) The cost of a particular domestic construction material subject to the requirements of the Buy
American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.
(B) For domestic construction material that is a critical item or contains critical components.
(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.
(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1) (i)Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the
Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the…
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