1240BH21Q0040-SolicitationPacket.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 1

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

1240BH21Q0040 May 10, 2021 1034756

UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER TO:

Siuslaw National Forest Due to COVID-19 restrictions, submissions are not ATTN: Janet Paul, AQM being accepted by hand carry, mail, USPS, FedEx 3200 SW Jefferson Way or UPS. ALL submissions shall be emailed or faxed Corvallis, OR 97331 as noted in Block 6 (and Section L.2 of the RFQ).

Email: sm.fs.conwest@usda.gov or via eFax: 866.230.8120 Please note in Email or eFax Subject Line:

ATTN – Janet Paul

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Janet Paul, Contracting Officer janet.paul@usda.gov

750.7120

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS Siuslaw National Forest

c. STREET ADDRESS c. CITY 3200 SW Jefferson Way

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Corvallis OR 97331

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 6 ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

May 25, 2021 @ 4:00 PM PST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Brattain Fire Fence 2.0

See

Paisley Ranger District Fremont Winema National Forest

Attached

Lake County, Oregon

Requirements

See Section L and Section M for Instructions to Offerors and

Submittal Requirements

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) jpaul Highlight

Solicitation No: 1240BH21Q0040 Project Name: Brattain Fire Fence 2.0

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS – Page 1 of 4

This Schedule of Items is listed by fence segments needing work. Under each item are four tasks requiring individual offers.

Additionally, see Page 4 of 4 “Offeror’s Statement” regarding submitting pricing only for the individual line item(s) you’re interested in, or if you choose to limit your submittal.

Schedule of Items

Item Number Description Estimated Quantity

(ft.)

Estimate Unit

Price ($)

Estimated Total

Amount ($)

001 Bear-Lakes/Currier Boundary Fence (Approx 5 miles)

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either side of the fence for a total of 8ft per Sections C.5 and J.

26,400

Remove and dispose of damaged or unusable existing fence material per Sections C.5 and J.

Provide all material need to construct new 4 strand fence per Sections C.5 and J.

Construct new 4 strand barb wire/steel post fence per Sections C.5 and J.

Total Item 001:

B.1 SCHEDULE OF ITEMS – Page 2 of 4

Additionally, see Page 4 of 4 for “Offeror’s Statement” regarding submitting pricing only for the

Item Number Description Estimated Quantity

(ft.)

Estimate Unit Price

Estimated Total

Amount ($)

002 Brattain/Bear-Lakes Boundary Fence (North)

(Approx 2 miles)

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either side of the fence for a

10,560

Total Item 002:

B.1 SCHEDULE OF ITEMS – Page 3 of 4

Additionally, see Page 4 of 4 for “Offeror’s Statement” regarding submitting pricing only for the

Item Number Description Estimated Quantity

(ft.)

Estimate Unit Price

Estimated Total

Amount ($)

003 Brattain/Jones Canyon Boundary Fence

(Approx 1.5 miles)

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either side of the fence for a

7,920

Total Item 003:

B.1 SCHEDULE OF ITEMS – Page 4 of 4

Offeror’s Statement:

As shown on the Schedule of Items above, there are three (3) individual line items, which allow for up to three awardees due to the respective October 2021 mandatory completion dates identified in Section F.

Therefore, prospective Offeror’s may choose to submit pricing only for the individual item(s) they are interested in and note “N/A” for the others. Or, if submitting pricing for all items, they can choose to limit their submittal as follows by filling in the blank:

“My offer is not to exceed a total of ______ individual line items”

This will allow the Government flexibility in making awards based on an Offeror’s capacity while also meeting our respective October 2021 completion dates.

B.2 SCHEDULE NOTES

A Bid Bond will be required of Offerors whose total price offer exceeds $150,000 (see Section J for copy of the SF-24 Bid Bond Form to be submitted with your initial offer).

Payment Bond (100%) will be required of awardee(s) for awards between $35,000 and $150,000.

Performance and Payment Bonds (100% each) will be required of awardee(s) for awards greater than $150,000.

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.

See Section L and Section M for Instructions to Offerors and Submittal Requirements.

Offerors must also provide a technical response to the Evaluation Criteria identified in Section M. If no response is provided, your offer will be considered non-responsive and removed from consideration.

Please provide your DUNS # and email contact:

DUNS Number: ________________________

EMAIL: ______________________________

Note: Per FAR 52.204-7(b)(1), System for Award Management (SAM), an Offeror is required to be registered in SAM when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment for any contract resulting from this solicitation.

Information on registration may be obtained via: https://www.sam.gov. All Offerors must complete the electronic version of the Representations and Certifications in the SAM system.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project consists of the new construction of approximately 44,880 (8.5 mi) linear feet of 4 strand barbed wire fence within on the Paisley Ranger District (distributed across three independent contract line items). The old damaged fence will need to be removed and disposed of before construction of new fence. The fence line Right of Way (ROW) corridor needs to be cleared by contractor before fence construction begins. Fence material will be provided by the contractor. The fence will be built to Forest Service specifications (see attachments in Section J).

The contractor will be responsible for transporting all the necessary material to the project site.

The contractor will be responsible for disposing of all leftover pieces of metal, flagging, other construction debris and associated garbage.

Private landowner access:

Item 002 – Brattain Bear-Lakes Boundary Fence (North): There are two access points depending how the contractor wants to access the fence will dictate whether they need to request access or not. If they cross the river, they will have to go uphill, and may be limited due to crossing the river or the width of the bridge, there’s variables there. If they need the permission, they’ll be coming from the top downhill. To access this fence please contact Joe Vallagrana of J-Spear Ranch at 541-363-2989 and Martin Murphy of Murphy Ranch at 541-943-3130

Item 003 – Brattain/Jones Canyon Boundary Fence: To access this fence please contact

Joe Vallagrana of J-Spear Ranch at 541-363-2989 and Martin Murphy of Murphy Ranch at 541-943-3130

C.2 PROJECT LOCATON

The project is located on the Paisley Ranger District of the Fremont-Winema National Forest.

Fences are located in multiple different location. Locations for individual items can be found in the attached four maps as well as four photos that show typical charred fence and ground conditions in the Brattain Fire area, however, these ARE NOT the fences in this solicitation.

They are provided as a visual reference only

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government’s estimate is between $100,000 and $250,000.

C.4 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.

C.5 CONSTRUCTION REQUIREMENTS

EXISTING FENCE REMOVAL

The existing fence and associated materials shall be removed, where needed. All metal wire, staples, and metal t-post will be completely removed and hauled off-site by the contractor and disposed of in accordance with all local, state, and federal requirements. Any untreated wood posts or trees used as part of existing fence can be left on site to degrade naturally. Questions related to removal or leaving should be directed to the CO.

NEW FENCE INSTALLATION

Fence Corridor Clearing

The fence line corridor shall be cleared to an approximate width of 8 feet, measuring 4 feet on each side of fence centerline, and 8 feet above ground. All live woody vegetation greater than 24 inches in height is to be removed, except any live tree 8 inches or greater at DBH (4.5 feet above ground) will stay. Stumps shall be cut no higher than 12 inches above the ground. Small diameter brush does not need to be cleared. Large diameter bushes containing stems greater than 1-inch basal diameter shall be cleared.

All dead down trees that are within the fence line corridor shall be dragged away from the fence line ROW. Down trees greater than 20 inches may be left on the outside of the center of the fence line.

All dead standing trees that are within 4 feet of the fence centerline (fence line corridor) shall be removed. Stumps shall be cut no higher than 12 inches above the ground.

Slash created by clearing fence line will be scattered outside of the fence line corridor, and not in any ditch or roadway.

Limited additional clearing may also be necessary as the fence is constructed to meet clearing specifications, as approved by the CO.

Fence Construction

Fence building specification will be taken from the Fremont-Winema Metal Fence Specification document (Exhibit 2), A Landowner’s Guide to Wildlife Friendly Fence Design from the Montana Fish, Wildlife and Parks (Exhibit 3) and the 1999 Interagency Fences document (Exhibit 4). Exhibit 2 and 3 will guide most fence construction scenarios. Exhibit 4 will be used for some odd scenarios not often seen on the ground. The following covers only items not discussed in one of the attached documents. Fence Material Specifications are as follows:

Barbed wire, 2-point, 12.5 gauge, galvanized, 4" or 5" spacing Barbless wire, 12.5 gauge, galvanized T-Post, 5.5", studded, Medium or Heavy weight (1.25 or 1.33) Oil Field Stem Pipe, 2 3/8 or 2 7/8, 20ft+ stick

Posts

T-post spacing identified in Exhibit 2 may be slightly closer to keep the bottom wire at an acceptable height above the ground line. Live trees or line jacks may be used in lieu of steel posts. If live trees are used, they must be located within two feet of the established line (a fence line offset brace must be used to maintain the stretch line), be a minimum of 8" dbh and must have a nailer ("scab") attached. Steel posts shall be driven into the ground, past the top of the flange plant. It is acceptable to pre-drill post holes in rocky ground to permit the use of posts in these conditions. If this method is used, the flange may be knocked off prior to pounding;

however, the post must be secure in the hole with no wobbling. Steel posts shall be relieved of upward pull of wires by use of deadman rock anchors and tie-downs. Tie downs can be secured using a large rock or a T-post driven at a 45-degree angle parallel to the fence (no more than 18 inches of post can remain out of the ground.)

Gates

The locations of the gates will be flagged by the Forest Service and/or permittee. Gates shall be 14 feet wide and constructed with 4 strands of barbed wire. The bottom wire on the gate will be at 16 inches above ground with the next two spaced 8 inches apart and the top wire spaced at 10 inches. Ends of the gate shall be attached to trees, rock jacks, rock cribs or H-braces.

Wire Stretching

Wire will be tightened adequately to set the wire twists and remove factory kinks. It is, however, important to refrain from stretching the wire excessively. Excessive tension will weaken the barbed wire by removing the capacity for it to stretch. Location of stretch points will be determined by topography and the availability of tie-trees.

Splicing

Splices in the wire shall be made by wrapping the ends of the wire back around the wire three times, thereby forming an eye at the end of the wire. The other wire end is then placed through the eye and wrapped back around itself at least three times. All wraps shall lie directly adjacent to each other, thus forming neat, tight wraps.

Rock Jacks/Line Jacks

Rock jacks or line jacks will be placed at the top and bottom of all abrupt breaks in slopes. Rock Jacks will also be used to anchor both sides of gates, stream crossings and fence end points.

Tree-ties or H-braces may be substituted for rock jacks.

Trees

Solid live trees over 8 inches DBH may be used in place of posts, provided they are located not over 2 feet out of line. Tree branches shall be removed completely around the fence, to a height of 8 feet. A scab shall be securely nailed, with 6" helix nails to the tree at three points: top, center, and bottom.

Stapling

Staples shall be driven at a slant to the grain of the wood to prevent the wood from splitting and will not be driven so deep as to nick the galvinizing on the wire. Staples should be driven to allow movement of the wire between the wire and post/tree scab to prevent the wire from pulling into the scab.

Water Gaps/Stream Crossings

Stream crossings shall be constructed to allow the flow of high water and provide a barrier for livestock.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Inspection

Inspection for acceptance of work will be accomplished by a 100 percent visual inspection and will be based on adherence to the specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required at no additional cost to the government. Areas not adhering to specifications will be flagged, identified to the contractor and documented in the daily diary. In the event damage to previously inspected portions of the fence are found, whether from natural events or manmade, the contractor will be responsible for re-work to repair the damage before final payment is made.

1.2 Compliance Inspection

The Contracting Officer or Inspector will, by formal inspection, determine if the specified progress or methods of work are being carried out. Failure to comply with specified work standards may be cause for termination of the Contractors right to proceed, in accordance with FAR 52.249-10.

1.3 Contract Personnel

If the Contractor is absent from the project area, a Contractor’s representative (designated in writing) shall be available for communication on a daily basis while work is in progress.

1.4 Inspection of Work

Periodic inspection of work shall be made by the Forest Service to ensure compliance with contract specifications. Periodic field inspections will be made by Contracting Officer's Representative (COR) or the COR's designated inspector. Work not completed to contract specifications shall be reworked without additional compensation to the Contractor.

1.5 Determination of Acceptable Work

Inspection as stated above shall be performed by the Forest Service for evaluation of contract specification compliance. The Contractor will be notified in writing the fence items not meeting contract specifications. Portions of fence which do not meet contract specification will be reconstructed by the Contractor and the identified items will be brought up to the required standard before the fence will be considered acceptable.

The Contractor shall deliver all unused project materials and tools to the locations specified for each administrative unit (or other location agreed upon) at the end of the contract or any subsequent task order. If the materials and tools are not signed for upon finishing the contract, the Contractor will be charged for them as lost.

1.6 Unacceptable Work

If any portion of the project that is found to be unacceptable, the Contractor shall reconstruct the unacceptable portion to comply with the specifications. Upon completion of the reconstructed portion of the project, the Forest Service will re-inspect to determine compliance. If more than two inspections are needed for repeated deficiencies, the Contractor may be charged inspector’s time and vehicle use.

1.7 Re-inspection Upon Contractor Request

If the original inspection results are not acceptable to the Contractor, a re-inspection may be requested in writing up to 7 days after being notified of the unacceptable work. The original inspection will be re-examined by a different inspector accompanied by the Contractor. If the re-inspection confirms the original inspection as not meeting standards, the Contractor shall reimburse the Government the actual costs incurred in making the re-inspection. If the inspection indicates that work meets acceptable standards, the Government assumes the cost of re-inspection and payment will be made for the fence.

1.8 Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition

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

Removal of the existing fence will follow the same steps and standards as noted above.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified below.

The time stated for completion shall include final cleanup of the premises.

Estimated start work date is: June 15, 2021

Item #001 – Bear-Lakes/Currier Boundary Fence: Completion date October 31, 2021

Item #002 – Brattain/Bear-Lakes Boundary Fence (North): Completion date October 31, 2021

Item #003 – Brattain/Jones Canyon Boundary Fence: Completion date October 31, 2021

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 14 days after the date of contract award. The conference will be held at the Paisley Ranger District if COVID allows, if not then the meeting will be held via electronic means.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

POTENTIAL SAFETY HAZARDS

(a) Data and information furnished or referred to below is for the Contractor's information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[X] Tree falling.

[X] Heavy equipment operation.

[X] Fire hazards.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Other: Chainsaws; Fuel for equipment; Barbed Wire

INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

LANDSCAPE PRESERVATION

The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124, and then immediately notify the Contracting Officer.

Oil absorbing mats are required under all stationary equipment, or equipment being serviced while on Government land to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Government Land.

(c) No objectionable material (i.e. gasoline, oil and hydraulic fluids) shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the fence ROW.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

PROSECUTION OF WORK

(a) Construction activity shall be limited to Sunday thru Saturday, coordinate your work plan with the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area.

Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the trail construction, all stakes, old culverts, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

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

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 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) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 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) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) [Contracting Officer check as appropriate.]

☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020)

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or

☐By the end of the performance period for each order issued under the contract.

[Contracting Officer check as appropriate.]

☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

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) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 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) 52.222-50 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)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 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) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 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) 52.233-1 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) 52.236-17 Layout of Work (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-72 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 (MAY 2014)

(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 item (as defined in paragraph (1) of the definition at 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.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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—

(3) 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

(4) 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.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (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 item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “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. 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 6 percent;

(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 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)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be __20__ percent of the bid price or $__n/a___, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-15 Performance and Payment Bonds -- Construction (Oct 2010) (DEVIATION APR 2020)

(a)Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED).

The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED).

The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(DEVIATION APR 2020)

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations.

(b) Weather conditions: check local listings for Lake County, Oregon.

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.

(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.

452.222-70 Combating Race and Sex Stereotyping (DEVIATION) (NOV 2020)

(a) Definitions. As used in this clause—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 also apply to E.O. 13950.

See FAR 22.807.

(c) Compliance with E. O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping

Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following…