1240BJ24Q0009 Ship Cove Trail Restoration.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)

1118611

USDA-FS CSA NORTHWEST 7

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BJ

MAI MOUA 612-474-4298

1x 05/31/2024

1240BJ24Q0009

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

06/30/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time

______________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

STANDARD FORM 1442 (Rev. 8/2014) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA NORTHWEST 7

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

40BJ

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240BJ24Q0009

Tongass National Forest - Sitka Ranger District Ship Cove Trail Restoration

Delivery Location Code: 0114

USDA FOREST SERVICE

TONGASS NF SITKA OFFICE

2108 HALIBUT POINT

SITKA AK 99835 US

FOB: Destination

Trail construction contract

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 1240BJ24Q0010 Ship Cove Trail Restoration

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Supplies/Services Qty Unit of Issue

Unit Price

Total Price

Base Items 0001 Mobilization 1 LS $ $

0002 (Types AS) Aggregate Surfacing* 1,290 LF $ $

0003 (Type AS-RL) Aggregate

Surfacing With Retainer Log*

44 LF $ $

0004 (Type DLB) Double Log Bridge* 39 LF $ $

0005 (Type LRS) Log Riser Steps* 4 LF $ $

0006 Sign* 2 EA $ $

0007 (Type SP) Split Puncheon* 115 LF $ $

Base Total $

Option Items 1001 (Type AS) Aggregate Surfacing* 277 LF $ $

1002 (Type DLB) Double Log Bridge* 14 LF $ $

1003 Sign* 1 EA $ $

Option Item Total $

Base & Option Total $

Method of Measurement

LF = LINEAR FEET

LS = LUMP SUM

*Represents ACTUAL QUANTITIES (AQ)

B.2 SCHEDULE NOTES

1. All line items must be completed. If the price is left blank or shown as "No Bid" or “No Quote”, the entire bid/quote will be considered Non-Responsive.

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

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

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

5. See Section L and Section M for Instruction to Offerors and Submittal Requirements.

6. Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

7. Invoices shall be submitted and will be processed via the Invoice Processing Platform (IPP). The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release Form.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project will restore a segment of the historic Ship Cove Trail and construct a new spur trail leading to a new trailhead location on Ship Cove. Major work items include trail clearing and grubbing in a manner to preserve the existing historic puncheon structures, Aggregate Surfacing, Aggregate Surfacing with Retainer Log, Puncheon Trail, Double Log Bridges and Signs. The trail centerline has been staked and marked with blue flagging at each Work Area and at points along the centerline.

The Base Bid includes all work on the main trail from Back Bay to Ship Cove (STA 0+00 thru

STA 14+92).

The Option Item #1 includes all work on the spur trail, (STA 0+00 thru STA 3+49)

C.2 PROJECT LOCATION

The trail Station 0+00 is located .6 mile NW from the main dock in Port Alexander, Alaska at approximate lat/long 56.25, -134.65. Port Alexander is located near the southern tip of Baranof Island and is accessible by floatplane or boat. Cell phone service is not available but wireless internet is available in the community.

Camping is allowed in approved locations.

No Pre-bid tour is planned.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government cost estimate for this project is between $250,000 and $500,000.

C.4 TECHNICAL SPECIFICATIONS

(a) 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The technical specifications included in Section J are hereby made part of this solicitation and any resultant contract.

(b) The following specifications (including Region 10 Specifications and Special Project Specifications) are hereby made a part of this solicitation and any resultant contract:

1. FOREST SERVICE STANDARD SPECIFICATIONS FOR CONSTRUCTION OF TRAILS AND

TRAIL BRIDGES ON FOREST SERVICE PROJECTS, 10/30/2014. Note that this version supersedes EM-7720-103, Standard Specification for Construction and Maintenance of Trails (1996).

Copies of the Forest Service Specifications can be purchased from:

Government Printing Office, 915 Second Ave. Seattle, WA 98174, (206) 553-4270.

Or may be viewed online at: https://www.fs.usda.gov/sites/default/files/trail-specifications.pdf

C.5 MAINTENANCE FOR TRAFFIC

Before any suspension of work, take precautions necessary to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections, and make provisions for normal drainage and to https://www.fs.usda.gov/sites/default/files/trail-specifications.pdf minimize erosion.

Refer to SectionC_AdditionalWorkStatement attachment in Section J for additional information.

C.6 MEASUREMENT AND PAYMENT

Measurement and payment for contract work will be made only for and under those pay items included in the SCHEDULE OF ITEMS. All other work and materials will be considered incidental and included in the payment of the PAY ITEMS in the SCHEDULE OF ITEMS.

When more than one class, size, or thickness is specified in the SCHEDULE OF ITEMS for any PAY ITEM, suffixes will be added to the item number to differentiate between the items.

C.7 QUALITY ASSURANCE AND QUANTITY MEASUREMENT

Work consists of providing certification that the quality and quantity of construction conform to the drawings, specifications, and requirements of the contract.

C.8 MOBLIZATION

This work consists of moving personnel, equipment, material and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the costs associated with obtaining permits, insurance, and bonds. Mobilization is not intended to pay for the costs of materials before they are used on the project site.

C. 9 CLEARING AND GRUBBING

Work consists of brushing, clearing, and grubbing vegetation as described in attachment SectionC_AdditionalWorkStatement in Section J for additional information.

C. 10 EXCAVATION AND EMBANKMENT

Work consists of hand-excavating for the installation of Aggregate Surfacing, Aggregate Surfacing with Retainer Log, Log Riser Steps, and Double Log Bridges.

C.11 TIMBER MATERIALS

Work consists of providing materials for split-faced puncheon, double log bridges and sills, retainer logs, and signposts.

C. 12 AGGREGATE SURFACING

The work consists of constructing Aggregate Surfacing (AS) and Aggregate Surfacing with Retainer Log

(AS-RL).

C.13 SIGNS

This work consists of furnishing and installing signs including excavation, backfill, and associated materials and hardware. See Section 938 for signpost materials. It also includes the installation of the Government-furnished beach trail marker sign at Ship Cove.

C.14 PRODUCTS SAMPLES AND/OR SUBMITTALS

Add the following:

Title Objective/Referenced by

Contract Due Time of Gov Approval

After Submittal

Construction Schedule

To notify the government of when the contractor shall be on site performing work and of significant work milestones.

No later than 5 days after post award meeting and as changes arise.

After Prework Meeting

– 7 days.

Job Safety Plan Accident Prevention Clause

[FAR 52.236-13]

No later than 5 days after post award meeting and as changes arise.

After Prework Meeting

– 7 days.

Camping Permit/Plan Section H – Use of Premise No later than 5 days after post award meeting and as changes arise.

Notification of Subcontracting & SF1413

Subcontracts (LaborStandards)

[FAR 52.236-11]

No later than 3 days after post award meeting and as changes arise.

– 5 days.

Quality Control Plan

Documentation of the contractor’s process for delivering the level of construction quality required by the contract.

[52.246-12]

No later than 5 days after post award meeting and as changes arise.

Payroll Record WH347 Certified Payrolls Submitted

Weekly

Payroll and Basic Records [FAR 52.222-8] Weekly – 5 days

Solicitation No: 1240BJ24Q0009 Project Name: Ship Cove Trail Restoration, Tongass National Forest

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 on all official communication starting upon notice of award.

D.3 CONTROL AND HANDLING MATERIALS

Transport and handle all materials to preserve their quality and fitness for the work. Stockpile, load, and transport aggregates in a manner that will preserve specified gradation and avoid contamination.

Store materials to assure the preservation of their quality and fitness for the work. Locate stored materials to facilitate their prompt inspection. Arrangements for storage on other than designated sites are the responsibility of the contractor.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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):

https://www.acquisition.gov/Far/current/pdf/FAR.pdf

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within _15_ 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 October 31, 2024.

F.2 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS

Work is to be performed Monday through Friday during daylight hours unless timing restrictions are specified. Work on Saturday will be permitted only with written permission of Forest Service. No work will be permitted on Sundays or Federal Holidays unless permitted in writing by the COR and/or CO.

Construction activity shall be limited to the hours between 7:30 AM and 5:00 PM Monday through Friday, unless other hours are approved in writing by the Engineer. 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.

The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

https://www.acquisition.gov/Far https://www.acquisition.gov/Far

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within __15__days after the date of contract award. The conference will be held at _via teleconference__.

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

COR: Austin Thomas Email: Austin.thomas@usda.gov

G.8 GOVERNMENT-FURNISHED PROPERTY (AGAR 452.245-70) (FEB 1988)

The Government will supply the Trailhead Marker sign at the Forest Service Warehouse in Sitka.

The contractor is responsible for transporting it to the work site.

G.9 INVOICE PROCESSING PLATFORM (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the mailto:Austin.thomas@usda.gov

Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release Form.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items electronically in IPP to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts). 5.1 ADMINISTRATION OF PAYMENTS: The Government will make maximum use of discrete CLINs for tasks or project milestones. Work under FFP CLINS will be payable upon tender and acceptance under FAR 52.232-25 "Prompt Payment."

G.10 PUBLIC AFFAIRS

The contractor shall not disclose or distribute any data, reports, software or electronic files generated or reviewed under this contract. All reports and data, including all electronic data and software, generated under this contract are the property of the Government. The contractor shall refer all requests for information to the COR and CO.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 LANDSCAPE PRESERVATION

a). Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams and rivers.

Pollutants such as raw sewage and other harmful materials shall not be discharged into or near streams and rivers or into natural or manmade channels leading thereto.

Waste motor oil, fuel, lubricant, bitumen and similar hydrocarbons shall be collected and returned to the supplier. They shall not be wasted on the ground or buried.

H.2 USE OF PREMISES

a). The area may be frequented by brown bears, which may become habituated to humans and may be attracted by activity and food. In the campsite, store food in a bear-proof container or hang at least 12 feet above ground. Avoid leaving any food scraps at any time in camp or on the trail.

b). Sanitation Facilities: Unless provided otherwise, the Contractor shall provide and maintain the following facilities:

1. Potable water supplies for drinking, washing, and cooking shall meet the State of Alaska drinking water regulations 18 AAC 80. Drinking water may not be available at the camp location.

2. Domestic sewage shall meet the State of Alaska wastewater disposal regulations 18

AAC 72.

3. Solid waste shall be removed and disposed of in Ketchikan or other approved location.

4. Fuel storage shall meet the requirements of 40 CFR 112 (Oil Pollution Prevention).

c). Transportation, Access and Equipment: Do not allow helicopter sling loads directly over persons on the ground at any location.

d). Provide a plan for camp development, occupation and clean-up and obtain approval prior to any camp development activities. The plan should contain the following information if relevant:

1. Layout and location of the proposed camp.

2. Number of users and dates of occupancy.

3. Sewage and waste disposal systems.

4. Layout of cooking, sleeping and common areas.

5. Camp trails layout.

6. Equipment and fuel storage area and Spill Prevention Control and

Countermeasure (SPCC) plan.

7. Fire prevention and control plan.

8. Site Restoration plan.

9. Helicopter operations plan.

10. Mobilization and plan.

The Government shall review the Contractor's plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval.

e). There are no known eagle nest trees in the vicinity of the project area, but if such trees are discovered no disturbance will be allowed within 200 feet of the trees, the Forest Service will be notified and additional mitigation measures may be applied.

H.3 CONSTRUCTION STAKES, LINES, AND GRADES

The Government will field stake the beginning stations for work areas listed in the Ship Cove Trail Reconstruction Project Trail Log in Section J. Provide any other construction survey work required to complete the project.

H.4 ARCHAEOLOGICAL OR HISTORIC SITES

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences. Should any human remains or resources, potentially eligible to the National Register, be discovered during implementation, all activities in the immediate vicinity of discovery shall stop, and contractors will notify the Forest Service.

H.5 DISPOSAL OF WASTE MATERIAL

Remove all waste material from the project area and dispose offsite unless specified otherwise.

H.6 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.

[ ] Confined space entry.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[X] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

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

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

[ ] Buried/Underground Concerns (but not limited to):

Natural Gas, Electrical, Water, Sewer, Irrigation, Storm Drains, Communication Lines.

[X] Brown Bears

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

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

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 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 Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (FEB 2024) 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 (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

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

Contracts (SEP 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022)

52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-24 Prohibition of Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

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

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996)

452.236-70 Additive or Deductive Items (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

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(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within _____60 days_______.

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to mai.moua@usda.gov

52.225-9 Buy American Act-Construction Materials (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

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

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

(B) The construction material is a COTS item; or https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105

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

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

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: none

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.