1240BH25R0036_Solicitation Pkg. Malheur NF Range Fence Construction.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1156360

USDA-FS CSA NORTHWEST 6

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BH

SUSIE FELTON 971-710-8493

DIS

x 08/20/2025

1240BH25R0036

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.) 15

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 _____________ ________1630_____ (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)

Malheur NF FY25 Range Fence Construction - Grant County

THIS IS A SMALL BUSINESS SET ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN SMALL BUSINESSES

WILL BE REJECTED.

Magnitude of Construction: The Government's estimate is between $1,000,000 and $5,000,000.

Offerors must respond as defined in Sections L and M. Proposals that fail to provide a complete response to the Technical Evaluation Factors (Section M) may be rejected and eliminated from consideration.

Email Offer Submissions to:

susie.felton@usda.gov Subject: 1240BH25R0036 Range Fence Construction

Offers are due no later than 18 September 2025 by COB (1630)

14 calendar days after receipt of the Notice to Proceed and complete it no later than 1 June 2027.

9/18/2025

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA NORTHWEST 6

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BH

JUSTIN C. HOLDER

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...

x

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

1240BH25R0036

0001 62.77 DH

Delivery: 12/31/2029

Delivery Location Code: 04KK

MALHEUR NATIONAL FOREST

431 PATTERSON BRIDGE ROAD

JOHN DAY OR 97845 US

Period of Performance: 10/15/2025 to 06/01/2027

Removing and Repairing Fence line within Rail

Ridge Fire Perimeter

Product/Service Code: Z2PZ Product/Service Description: Repair or Alteration of Other Non-Building Facilities

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1240BH25R0036 Project Name: Malheur NF FY25 Range Fence Construction

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

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

E-2 INSPECTION AND ACCEPTANCE

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

E-4 DETERMINATION OF ACCEPTABLE WORK

E.6 RE-INSPECTION UPON CONTRACTOR REQUEST

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211.10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 PROVISIONS

K.2 OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 PROVISIONS

L.2 INSTRUCTIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROPOSAL EVALUATION

M.2 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Contract Line Item 0001 (Base) Priority 1 - (Chrome Ridge, Widows Burn, Horse Mtn, No Name Location)

Item Number Description MoM Unit Price Total Price Unit Qty

1 Removal and ROW Clearing MI 8.20 $ $ 1a Construction MI 8.20 $ $

1b Disposal of damaged or unusable existing fence material. LS NA $ $

TOTAL $

Priority 2- (Aldrich Bdy1, Oliver Cr Bdy, Smoky Bdy, Murd Cr, Blue-Horse, S Fork Deer Ex, Timber Mtn, No Name Location)

Item Number Description MoM Unit Price Total Price Unit Qty

2 Removal and ROW Clearing MI 18.64 $ $

2a Construction MI 18.64 $ $

2b Disposal of damaged or unusable existing fence material. LS NA $ $

TOTAL $

Priority 3 - (Timber Mtn, Blue Horse, Sf Murd Pstr, No Name Location)

Item Number Description MoM Unit Price Total Price Unit Qty

3 Removal and ROW Clearing MI 4.87 $ $

3a Construction MI 4.87 $ $

3b Disposal of damaged or unusable existing fence material. LS NA $ $

TOTAL $

Priority 4- (Murd Cr Bdy, S Todd Cr, Todd Cr, Maggot Spring, No Name Location)

Item Number Description MoM Unit Price Total Price Unit Qty

4 Removal and ROW Clearing MI 15.25 $ $

4a Construction MI 15.25 $ $

4b Disposal of damaged or unusable existing fence material. LS NA $ $

TOTAL $

Priority 5 - (Aldrich Bdy 1, Aldrich Let Down, No Name Location, Stewart PVT)

Item Number Description MoM Unit Price Total Price Unit Qty

5 Removal and ROW Clearing MI 9.57 $ $

5a Construction MI 9.57 $ $

5b Disposal of damaged or unusable existing fence material. LS NA $ $

TOTAL $

TOTAL PRICE ALL ITEMS $

B.2 SCHEDULE NOTES

1. Payment will be made on actual work performed as described in the Schedule of Items.

Contractors should include all labor, materials, and supplies needed to perform the work described under its corresponding unit price.

2. Payment for bond premiums in accordance with FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

3. A Bid Bond (20%) will be required of offer whose total price exceeds $150,000.

4. Locations listed on the Schedule of Items are in order of importance. (See Section H for additional information and Section J attachments).

5. Contractor shall ensure that construction materials that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than five

(5) percent of the cost of all the components used in such construction material (see the definition of "foreign iron and steel" at FAR 25.003). Manufacturers' certificates verifying the origin of the described domestic materials will be furnished to the Contracting Officer or Contracting Officers Representative.

See Section C, Section L and Section M for Instructions to Offerors and Submission Requirements.

Please provide your UEI # and email contact information:

UEI Number: ________________________

EMAIL: _______________________

System and policy updates may be delayed. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services 52.222-25, Affirmative Action Compliance, and 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals Representation. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to update their entity registration to remove these representations in SAM.

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 or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The purpose of this project is for the construction and/or reconstruction of livestock range fences within Malheur National Forest and Blue Mountain Ranger District. The work includes but is not limited to the following:

• Construction of 3 or 4 strand barbed wire fence

• Removal/Disposal of damaged or unusable fence

• Clearing of fence-line Right of Way (ROW)

• Providing new fencing materials

Fences will be built to Forest Service specifications (see Section J, Attachments). 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.

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 COR. (See Performance Work Statement)

C.2 PROJECT LOCATION

This project is located in the Blue Mountain Ranger District on the Malheur National Forest in Grant County, Oregon.

• See attached maps for specific locations

• Access to the project area: From John Day, Oregon-West on Hwy 26 to Grant County Road

21, right on GCR 21. Project area is accessible through multiple routes from this point.

Most work areas may be reached by a standard two-wheel or four-wheel drive pickup during normal operating seasons. Some areas may require alternate off-road capable vehicles such as ATVs, UTVs, stock or foot travel. No vehicles shall be permitted to operate off roads or cross-country without approval of the Contracting Officer or designated representative.

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads occur. If road is not accessible, Contractor shall notify the Government immediately. The Government may under FAR 52.243-4 Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or (3) negotiate a cost adjustment for change differing site condition.

Where roads have recently been thawed, very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures or the adjacent environment.

The Contractor(s) may prepare applications for entry on cooperative road closures, (green dot), (Malheur National Forest Green Dot Cooperative Travel Management Area Closure) or other road closures (USDA Forest Service Road Entry Permit) that are available through the appropriate Ranger District office, prior to entry to closed roads. Approval of the use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. Permit applications provided to awardee.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The magnitude of construction is between $1,000,000 to $5,000,000.

C.4 TECHNICAL SPECIFICATIONS

The following fence building specifications (see Section J) will be incorporated into the awarded contact. (See Performance of Work Statement)

1) A Landowner’s Guide to Wildlife Friendly Fence Design from the Montana Fish, Wildlife and Parks

2) USDA/USDI 1999 Interagency Fences document

3) All Metal Fence Specifications

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL 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 in all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the completed work performed under this contract.

(b) Inspection and acceptance will be performed at the project locations.

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform inspections of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

Inspection for acceptance of work will be accomplished by 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.

E-4 DETERMINATION OF ACCEPTABLE WORK

Inspection as stated above shall be carried out by Forest Service personnel Contracting Officer Representative for evaluation of contract specification compliance. The Contractor will be notified in writing of 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.

E.5 UNACCEPTABLE WORK

If any portion of the project 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.

E.6 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. 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.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.211.10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to commence work under this contract within 14_ 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 1 June 2027.

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

Estimated Start Date is on or before: 15 October 2025

NOTE: While the project allows for an extended period of performance, the intent is for the contractor to start work upon receipt of a notice to proceed and, weather permitting, work continuously towards project completion. As required by FAR 52.242-14, the contractor shall submit a schedule demonstrating completion of work within the period of performance and will be held to this schedule during performance.

The contractor should be prepared to initiate work and complete tasks according to the sequence outlined in the schedule of items, which is organized by the anticipated order of completion.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout

G.2 OTHER REQUIREMENTS

POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled and held within approximately fifteen (15) business days after the date of contract award. The conference will be held online through Microsoft Teams.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.2 OTHER REQUIREMENTS

INSURANCE COVERAGE

Pursuant to FAR clause FAR 52.228-5, Insurance-Work on a Government Installation paragraph (a), Contractors shall present evidence and maintain, as a minimum, the amounts of insurance coverage indicated below:

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

(2) General Liability. The Contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile Liability. The Contractor must have automobile liability insurance written on a comprehensive form of policy. The policy must provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States must provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(4) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor must have aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury must be at least $200,000 multiplied by the number of seats or passengers; whichever is greater.

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 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

SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All equipment moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization.

Inspections will take place at mutually agreeable enroute locations in advance of entry onto National Forest lands.

Special care shall be taken to ensure removal of the following Oregon listed noxious weeds and their seeds to include:

Black henbane (Hyoscyamnus niger) Mediterranean sage (Salvia aethiopis) Myrtle spurge (Euphorbia myrsinites) Russian knapweed (Acroptilon repens) Yellow flag iris (Iris pseudacorus) Yellow star-thistle (Centaurea solstitialis) Diffuse knapweed (Centaurea diffusa) Houndstongue (Cynoglossum officinale) Leafy spurge (Euphorbia esula) Meadow knapweed (Centaurea jacea ) Musk thistle (Carduus nutans) Perennial pepperweed (Lepidium latifolium) Scotch thistle (Onopordum acanthium) Spotted knapweed (Centaurea stoebe ssp. Micranthos) Sulphur cinquefoil (Potentilla recta) Whitetop (Cardaria (Lepidium) draba) Bull thistle (Cirsium vulgare) Canada thistle (Cirsium arvense) Dalmation toadflax (Linaria dalmatica) Yellow toadflax (Linaria vulgare)

Squarrose knapweed (Centaurea virgata ssp. Squarrosa) Lenspot whitetop (Cardaria (Lepidium) chalapensis Common st. johnswort (Hypericum perforatum)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

FAR 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): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: USDA FAR Class Deviations

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

Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC

2023) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded

(JAN 2025)

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations 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

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.215-2 Audit and Records -- Negotiation (JUN 2020) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-8 Utilization of Small Business Concerns (JAN 2025) FAR 52.219-9 Small Business Subcontracting Plan (JAN 2025) FAR 52.219-10 Incentive Subcontracting Program (OCT 2014) FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

☐ 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.

FAR 52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) FAR 52.219-28 Postaward Small Business Program Representation (JAN 2025) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) (DEVIATION FEB 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-40 Notification of Employee Rights Under National Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (JAN 2025) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024) (DEVIATION FEB 2025)

FAR 52.223-23 Sustainable Products & Services (MAY 2024) (DEVIATION FEB 2025) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-7 Drug-Free Workplace (MAY 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-1 Authorization and Consent (JUN 2020)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(JUN 2020)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION

MAY 2023)

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (NOV 2024) FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.244-2 Subcontracts (JUN 2020) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2020) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)-

Alternate I (SEP 1996) FAR 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (APR 2012) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.236-70 Emergency Response, Fire Suppression, and Liability

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

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

_______None__________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent.

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

https://www.acquisition.gov/far/part-12#FAR_12_505

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials.

(B) Unit of measure.

(C) Quantity.

(D) Price.

(E) Time of delivery or availability.

(F) Location of the construction project.

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the 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)

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below are 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 visual site investigations by FS Personnel.

Weather conditions typical for this area indicate normal fire season:

Normal fire season: June through October

(c) Transportation access to the sites is identified elsewhere herein.

(d) Use of Roads: 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.

(e) Sanitary Facilities: Sanitary facilities are not available for use during construction. The Contractor shall (1) provide and maintain sanitation facilities for the work force at the site and (2) dispose of solid waste in accordance with applicable Federal, State, and Local regulations. Potable and non-potable water is not available for use during construction.

(f) Trash and Refuse: Contractor shall remove all of his own trash and refuse from the contract areas.

FAR 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.

(End of clause)

PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract.

Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

Title Pages Project Maps 7 Performance Work Statement 10 Wildlife Friendly Fence Guide 56 Interagency Fence Specs 217 All Metal Fence Specs 1 Fire Plan - Industrial Fire Precautions Schedule/Level (IFPL)

7 R6-FS-6300-52 – Fire Protection and Suppression R6-FS-6300- 54 – Measure 2 Communication

Past…