12363N24Q4266 Wolf Island Dock Replacement.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1128435

USDA-FS STEWARDSHIP CONTRACTING BR

1400 INDEPENDENCE AVE SW

MS-1138

WASHINGTON DC 20250-1138

363N

TIFFANY ROOK

b. E-Mail Address tiffany.rook@usda.gov

686429

07/08/2024

12363N24Q4266

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

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

07/26/2024

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)

SUPERIOR NATIONAL FOREST

WOLF ISLAND DOCK REPLACEMENT

WEST ZONE LACROIX RANGER DISTRICT

Government Estimate is between $25,000 and $100,000.

Emailed quotes to tiffany.rook@usda.gov are preferred.

Vendor must be registered in System for Award Management (www.sam.gov) to be awarded any resultant contract.

(Refer Clause FAR 52.204-7.)

THERE IS NO COST TO REGISTER IN SAM.

All invoices must be submitted through the Department of the Treasury Invoice Processing Platform (www.ipp.gov). THERE IS NO COST TO REGISTER IN IPP.

A pre-bid conference is scheduled for July 18, 2024 at 11:00AM Local time.

Contact DAVID POPPEMA for details David.poppema@usda.gov

NAICS 237990 Other Heavy and Civil Engineering Construction Size Standard $45 Million

PSC: Y1PA CONSTRUCTION OF RECREATION FACILITIES (NON-BUILDING)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS STEWARDSHIP CONTRACTING BR

1400 INDEPENDENCE AVE SW

MS-1138

WASHINGTON DC 20250-1138

363N

JOHN V. SWIZDOR

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12363N24Q4266

COR: David Poppema, david.poppema@usda.gov

CS: Tiffany ROok, tiffany.rook@usda.gov

CO: John Swizdor, john.swizdor@usda.gov

Delivery Location Code: 6315

US FOREST SVC DIST RANGER

COOK MN 55723

COOK MN 55723 US

FOB: Destination

Period of Performance: 07/30/2024 to 10/15/2024

Removal and disposal of Wolf Island Dock.

Construction and Installation of lift style dock.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12363N24Q4266 Project Name: Wolf Island Dock Replacement

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

H.1 Reserved

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

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

(Wolf Island Dock) Superior National Forest LaCroix Ranger District St. Louis County, Minnesota

Item No. Description Pay Unit Estimated

QTY.

Unit Price TOTAL Price

0001AA Mobilization Lump Sum 1

0001AB Clearing, disposal, shoreline prep & pour concrete pad

Lump Sum 1

0001AC Furnish/Install 6’x30’ lift out dock and all components

Lump Sum 1

Grand Total $

B-2 - 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. Include bond payments under Mobilization.

Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

PROJECT OVERVIEW

Scope In accordance with the terms and conditions of the Contract, the Contractor must perform the work of this Statement of Work (SOW) for the USDA-Forest Service (FS) as described below.

The Contractor must perform design, supply, and installation services in accordance with the requirements within the contract. The Contractor must perform all services necessary to produce a complete and usable project in accordance with the project goals and design intent stated herein.

Funding Limitations The Contractor is responsible for providing all design and installation services required for the final total lump-sum firm-fixed amount as bid by the Contractor.

Background The LaCroix Ranger District within the Superior National Forests requires a new lift out dock located on an island in Lake Vermilion to provide a safe ingress/egress to and from a recreation site where a historic cabin is located. The current crib dock has been damaged and moved off its foundation and is no longer useable.

Definition of “Days” within the Statement of Work (SOW) Unless stated elsewhere number of days equals number of calendar days.

Project Schedule The Project must have a single installation phase unless approved by the CO. The Contractor must submit a project schedule to the government for consideration and approval prior to receiving a notice to proceed. The project delivery date is 10/15/24. It is expected that the Contractor must have all phases of work complete within this time frame.

Contact Information Contracting Officer (CO): John Swizdor, john.swizdor@usda.gov Contract Specialist (CS):

Tiffany Rook, tiffany.rook@usda.gov Project Manager (PM) and CO’s Representative (COR):

David Poppema, West Zone Civil Engineering Technician Phone: 218-910-4047 Email: david.poppema@usda.gov Address: 1393 Highway 169, Ely, MN 55731

Requirements for the Project Files, Project Management, and Communications mailto:john.swizdor@usda.gov mailto:tiffany.rook@usda.gov mailto:david.poppema@usda.gov

All process documents submitted must be PDF format via email.

GENERAL REQUIREMENTS

Scope of Work Summary The project includes the removal and disposal of the existing wooden crib dock, dispersal of any existing rock/stones used for the foundation, establishing new foundation, and the installation of a new lift-out style dock.

Contractor is responsible for:

• The removal and disposal of the old dock material.

• Supplying their own transportation of crew and materials to and from the site.

• Establishing an anchor/pivot point for the lift out dock with either a steel reinforced concrete pad roughly 84”x 42”x 36” (W x L x D) or directly to bedrock (if present) and an adequate anchor point for the lifting cable.

• Furnishing and installing the seasonal lifting components (A-frame tower, 3/8” 7x19 Galvanized aircraft cable, drop-forged clamps, and hooks).

• Installation of steel lift out dock frame, 6’ wide and 30’ long constructed from schedule 40 steel pipe, galvanized legs/feet, 5’ tall cedar bumper posts every 6’ on both sides with cedar 2x6 removable decking.

• Utilizing approved manufacturers or gaining appropriate approvals for other manufacturers for all new dock components.

Applicable Codes All work in this contract must be done in accordance with the following in their most current edition:

National Fire Protection Association (NFPA) OSHA – Occupational Safety and Health Act IBC 2018 – International Building Codes 2018 Edition NEC 2017 – National Electric Code 2017 Edition ABAAS – Architectural Barriers Act Accessibility Standard ADA – Americans with Disabilities Act Forest Service Outdoor Recreation Accessibility Guide (FSORAG) All local safety and fire regulations.

All manufacturer installation instructions.

All other codes and standards referenced in the specifications.

Contractor is responsible for acquiring any applicable building permits if required due to Local, State, or Federal codes.

The contractor must be responsible for the conditions and proper relation of their work to the site conditions and will familiarize themselves with all details of the work and working conditions. The contractor must verify all quantities in the field and generate their own quantities for work provided. Any and all incidental items not specifically listed in this contract are to be included in the bid to provide the Government with a finished operating end product.

Progress Payments All Contractor payment must be based on the base contract and FAR clauses. These payments for completed work must be based on COR observation & approval, and the Schedule of Items. The CO must specify the required submission documents to accompany any request for payment.

Schedule of Items The total cost of all items must equal the contract sum. The Schedule of Items will form the basis for progress payments.

Project Meetings Pre-Bid Meeting A pre-bid meeting for this contract is highly encouraged. A pre-bid conference is scheduled for July 18th, 2024 at the Wolf Island project site. Contractors are responsible for their own transportation to the worksite. Contact David Poppema for more information at david.poppema@usda.gov

Pre-Construction Meeting The CO must setup a pre-construction meeting with contractor after award. The Contractor must be responsible for certain administrative functions having to do with all correspondence and meetings to be determined later (submittals, schedules, observations, and administrative duties) as determined by the CO. Payrolls and other construction administration documentation must be prepared by the Contractor.

Contractor’s Project Schedule The Contractor must provide a Project schedule for the design and installation phases of the entire contract period within 3 weeks after award. This schedule must be updated at intervals required by the CO. The CO must approve and augment the Contractor’s schedule to accommodate Government needs and processes for this contract.

Submittals Submittal Register Submittals for this contract must be assembled into a submittal register or checklist by the contractor. This checklist must be used to track manufacturer data, warranties, shop drawings, etc., for all products.

mailto:david.poppema@usda.gov jvswizdor Highlight

Manufacturer’s recommended installation procedures and Manufacturer’s Industry Standards must be the basis of how products and materials are installed in addition to building and accessibility codes. It is strongly encouraged that the Contractor provide the manufacturer’s recommended installation instructions or manual for each submittal and process. If the proper installation criteria are not provided, then the CO/COR will rely on the manufacturer’s web-based material or manufacturer’s provided documentation as the source of installation validation. No product, material, or system may be installed without approved documentation by the CO. The Contractor must adhere to these installation standards in construction if there is not a procedural standard for this work.

Submittals Distribution and Format Submittals:

All submittals must be e-mailed to the COR. Other formats may be approved by the COR.

Submittal Procedures Each submittal must be numbered in the order of the submittal register. The Contractor must stamp and sign the transmittal cover sheet and initial each page of the submittal for quality control assurance. The COR will have 10 days to review and return submittals to the Contractor. The Contractor may request a faster turnaround on specific submittals in writing if warranted.

The CO/COR oversight is for quality assurance only and compliance with contract requirements. The Contractor is fully responsible and liable for construction applications, technical considerations, and use of products for the intended application.

Substitution Substitutions are acceptable if approved by designer (email or signature) and appropriate documentation is given to the CO/COR to review. This process requires contacting the COR, specifying the changes, and allowing the COR to request the proper information needed to evaluate the change. Submitting documentation directly to COR without prior discussions may cause additional delays in acceptance. A minimum of 2 weeks is required for any substitution, but more time may be needed depending on CO requirements.

FAC 2024-03 February 23, 2024

C.2 PROJECT LOCATION

Location The project is located within the Superior National Forest on the LaCroix Ranger District and is located on Wolf Island in Lake Vermilion at the following coordinates:

47.94526° N, 92.46745° W

The site is only accessible by watercraft. The nearest public water access is located on Oak Narrows Road Northeast of Cook, MN. The island is approximately 2.5 miles north of the public access.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government's estimated magnitude is between $25,000 and $100,000

C.4 TECHNICAL SPECIFICATIONS

Products The following manufacturers have been approved for the supply of the dock components.

Manick Docks & Recreation 9240 Hwy 115 Cook, MN 55723

(218) 666-6021 manickdocks@gmail.com

Eagle Docks 4141 County Road 77, Tower, MN 55790

(218) 753-2682 info@EagleDocks.com

See Section J and Attachment D: Examples of Lift-Out Dock Systems for information and photos representing the desired type of new dock system from the above manufacturers.

Contractor is allowed to propose other designs or materials/manufacturers that must be evaluated and approved by CO/COR prior to work commencing.

The dock must be made of components that are consistent with the Buy American Act, as amended, and match listed specs.

Work Item Descriptions Item #1 Mobilization of all materials and equipment needed to perform the required tasks within this contract to and from the jobsite.

mailto:manickdocks@gmail.com mailto:info@EagleDocks.com

FAC 2024-03 February 23, 2024

Remove and dispose of old dock and cribbing, dispersal of any rock from old crib foundation, shoreline preparation for concrete anchor/pivot point.

Furnish and install new 6’ x 30’ lift out dock with all components listed in Scope of Work Summary.

Submittals See submittal procedures. Operation & Maintenance Manual:

Include full instructions on servicing and maintenance requirements.

Include operating instructions including start up, seasonal servicing, etc.

Include approved shop drawings and other as-build information.

SPECIFIC PROJECT REQUIREMENTS

Safety The Contractor must comply with all Federal and State safety requirements for the type of work to be performed. Refer to the Occupation Safety and Health Standards (OSHA) for details of these and other safety requirements.

Before any excavation will be authorized an underground locate must be completed on site.

Superintendence by the Contractor At all times during performance of this contract and until the work is completed and accepted, the Contractor must directly supervise the work and have on the project site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. Superintendent must be designated in writing to CO/COR. Notify the CO/COR at least 10 workdays in advance of any subsequent change of personnel in this position. Replacement personnel must have the same level or better experience as the person being replaced.

Closure of Site With COR Authorization, the contractor must be responsible for closing the immediate vicinity of the project area during work actives that may be dangerous for members of the general public.

ADDITIONAL REQUIREMENTS

Site Access The Contractor must coordinate access needs and construction efforts with the COR such that there is minimal impact to the work of Forest Service personnel. It is the Contractor’s responsibility to perform the work in a manner that does not interfere with Government operations.

FAC 2024-03 February 23, 2024

Work Hour Restrictions All work and deliveries must be limited to the weekday hours of 8:00 am to 4:30 pm unless otherwise approved by the COR. No work is to occur on Federal holidays or weekends without prior approval by the COR.

Quality Control The quality of all work must be the responsibility of the Contractor. Inspect and test all work as needed to ensure that the quality of materials, workmanship, construction, finish, and functional performance is in compliance with applicable specifications and drawings. Failure to provide adequate quality control will result in retention and other contract actions.

Hazard Control Take all necessary precautions to prevent fire during construction. Do not store flammable or combustible liquids in existing structures. Provide adequate ventilation during use of volatile or noxious substances.

Smoking Smoking inside Forest Service buildings is prohibited. Cigarette butts must not be discarded on the ground.

Welding Cutting by torch, welding or metal grinding must be performed only when adequate fire protection is provided. Prior to performing any welding, cutting, grinding or other activities generating spark or fire hazards, the project superintendent and work supervisor must meet with the COR representative and discuss and agree to a fire protection plan.

Construction Impacts The Contractor must take all precautions necessary to minimize and restore all construction impacts. All existing work and conditions impacted or modified by the contractor must be replaced with like kind at the contractor’s expense.

Patching, Cutting, and Repair to Damaged Areas All cutting, patching and repairs on systems must be coordinated with COR at the weekly construction meeting in advance of the work. The Contractor is responsible to fix, and repair affected areas on un-approved work to the original condition or better.

House Keeping Keep project neat, orderly, and in a safe condition at all times. At the end of the work week a more through cleanup and policing must be performed. All debris must be removed and properly disposed. Any materials that are removed as part of the construction operations, and that are not reused or salvaged as Government property, must become the property of the Contractor, and must be removed from the site.

Project Closeout Before submitting a request for final inspection, submit the following:

Payment

FAC 2024-03 February 23, 2024

The quantities must be paid for as lump sum quantities or by other methods of measure as listed in the Schedule of Items. Such payment will be considered full compensation for constructing the complete project in accordance with the plans and specifications. The availability of progress payments will be determined by the CO. The invoice must be input into the IPP System.

Additional documents required to be prior to final invoice processing are:

Certified Payroll(s) Contract Release Form Final payment will not be processed until all required documents have been received by the

CO.

Final Inspection Cleaning: Before scheduling the final inspection, remove all tools, equipment, surplus materials, and rubbish. Restore or refinish areas that were damaged due to work of this contract to original condition. Thoroughly clean project area affected by the work. Pick up and remove all construction debris from the site. At time of final inspection, project must be thoroughly cleaned and ready for use.

Process Description: Submit written certification that project, or designated portion of project, is substantially complete, and request in writing a final inspection. The COR, commissioning agent, and Contractor will proceed with the inspection within 10 days of receipt of request. The COR will prepare a list of deficiencies ("Punch List") to be corrected before final acceptance.

The Contractor must complete the work described on the punch list within 14 calendar days. If the Contractor fails to complete the work within this time frame, the COR may either replace or correct the work with an appropriate reduction in the contract price or charge for re-inspection costs in accordance with the Inspection of Construction clause of the contract.

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

FAC 2024-03 February 23, 2024

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 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

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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 10/15/24__. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within _10___days after the date of contract award. The conference will be held at

__TBD_________.

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Reserved.

FAC 2024-03 February 23, 2024

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

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

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 Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAC 2024-03 February 23, 2024

52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments under Fixed-Price Construction Contracts (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) 52.236-5 Material and Workmanship (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) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) Alt I 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) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

FAC 2024-03 February 23, 2024

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 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105

FAC 2024-03 February 23, 2024 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

FAC 2024-03 February 23, 2024

(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;

FAC 2024-03 February 23, 2024

(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 following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item1

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

(End of clause)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

FAC 2024-03 February 23, 2024

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

Attachment A Maps & Photos Attachment B FSSS to FP – 14 Attachment C Project Specific Wage Determination Attachment D Sample Lift Docks https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

FAC 2024-03 February 23, 2024

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

52.204-8 Annual Representations and Certifications (FEB 2024) (DEVIATION NOV 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is_237990.

(2) The small business size standard is _$45 Million___ .

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition -

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf

FAC 2024-03 February 23, 2024

Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business).