1240LN22B0001 GAOA Yellowstone Shortline Rails to Trails IFB.pdf

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CUSTER GALLATIN NATIONAL FOREST - Yellowstone Shortline Trail #611 Rails-to-Trails Project
Solicitation number
1240LN22B0001
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This document provides details for a federal solicitation seeking construction services. The Custer Gallatin National Forest will issue an invitation for bid to award a firm fixed-price contract to construct an 8.75 mile accessible trail converting abandoned railroad grade to trail between West Yellowstone, MT and the Idaho border. Work includes reconstructing subgrade, constructing three steel bridge structures, installing a timber bridge, and constructing a 10-foot wide paved trail. Additional work comprises reconditioning 5 miles of access roads, building two staging areas, installing barricades, moving a gate, and signs. The solicitation will include optional line items to pave sections and obliterate an abandoned road. Applicable NAICS code is 237990 with small business size standard of $39.5 million and total small business set-aside. Potential offerors should inspect the work sites.

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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1051244

USDA-FS CSA INTERMOUNTAIN 3

3710 FALLON STREET

SUITE C

BOZEMAN MT 59718

40LN

See Block 7- Attention to Paul Larsen paul.larsen@usda.gov

PAUL LARSEN 406-223-4463

GAOA

x

02/01/2022

1240LN22B0001

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

GAOA Yellowstone Shortline Trail #611 - Rails-to-Trails Project.

Custer Gallatin National Forest, Hebgen Lake Ranger District, West Yellowstone, MT.

Project is 100% small business set-aside under NAICS code 237990 with size standard of $39.5 million.

Per FAR 36.204 the estimated magnitude of construction is between $1,000,000 and

$5,000,000.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 228 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, 52.211-10 Alt 1

03/03/2022

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. 4-85)

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

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LN22B0001

Delivery: 11/15/2022

Delivery Location Code: 0398

USDA FOREST SERVICE

CUSTER GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715 US

0001 GAOA MT Custer Gallatin: Yellowstone Trail #611

Shortline Rails to Trails Project

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1240LN22B0001 Yellowstone Shortline Trail #611 Rails-to-Trails Project

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 LOCATON

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 GENERAL 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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT FURNISHED PROPERTY

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

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

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

RESPONDENTS

L.1 INSTRUCTIONS:

L.2 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 AWARD

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Base Items – Trails and Roads

ITEM

NO. DESCRIPTION

METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

90701A Mobilization LSQ LS 1

21201 Linear Grading (FP-14 Specification 212) CQ MI 1.230

30307A Road reconditioning (FP-14 Specification 303) CQ MI 3.340

91101 Excavation & Embankment CQ LF 2920

91101A Excavation & Embankment CQ CY 1250

91104 Borrow CQ CY 1540

91106A Trail Reconditioning AQ MI 8.772

91116 Obliteration of Abandoned Trail, with Hydraulic Excavator AQ HR 40

91123 Retainers AQ LF 125

91201 Clearing & Grubbing CQ MI 8.772

91202 Clearing & Grubbing CQ LF 2420

91302 Aggregate Surfacing, Grading D or E, Compaction Method 2 CQ CY 11,743

91306 Aggregate Subbase, Grading A, Compaction Method 2 CQ CY 90

91311A Hot Asphalt Plant Mix Trail Surfacing - 3” Depth (MP 0.00 to MP 3.37 (2nd Bridge))

CQ TON 3264

91602 Trail Turnout AQ EA 5

91805 Geosynthetics, Type: NonWoven CQ SY 620

92101 18-inch Round Corrugated Metal Pipe, Thickness 0.064” AQ LF 388

BASE - SUBTOTAL TRAILS AND ROADS $__________________________________

Base Items – Trail Bridge #611-02.27

92102 36-inch Round Corrugated Metal Pipe, Thickness 0.064” AQ LF 50

92302 Rock Spillway; Local Source CQ SY 200

92501 Side Ditch CQ LF 1875

93305 Side Barrier, Type: Boulder; Local Source AQ EA 38

93501 Retaining Wall, Type: Dry Stacked Rock; Local Source AQ LF 50

93601 Stairway, Type: Rock; Local Source AQ LF 30

94201 Gate, Type: Metal AQ EA 2

94201A Gate, Remove, Move, and Reinstall

AQ EA 2

95101 Install Sign Post & Panel, type:

Round Treated Post, Government Furnished Panel

AQ EA 9

96101 Single Log Stringer Trail Bridge, Length 32-foot, Government Furnished in Bozeman

AQ EA 1

99001 Equipment Rental – Hydraulic Excavator with Thumb AQ HR 135

99002 Equipment Rental – Dump Truck AQ HR 110

99003 Equipment Rental – Road Grader AQ HR 50

ITEM

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

15101A Mobilization LSQ LS 1

15201A Construction Surveying & Staking, Method 1, Tolerance A CQ LS 1

15713A Soil Erosion & Pollution Control LSQ LS 100

20802A Foundation Fill CQ CY 20

BASE SUBTOTAL BRIDGE #611-02.27 $__________________________________

Base Items – Trail Bridge #611-03.37

20806A Structure Excavation LSQ LS 1

25101A Placed Riprap, Class 4 CQ CY 200

25107A Mortared Riprap for Outlet Slopes CQ CY 8

25208A Sculpted Rock Wall AQ LF 100

27201A Geocell Abutment Stabilization, 6” Depth CQ SY 19

55217A Precast Concrete Member, Abutment AQ EA 2

57101A Steel Prefabricated Bridge Superstructure; Design, Fabricate, Transport, and Install

LSQ LS 1

62201A Equipment Rental, Hydraulic Excavator with Thumb AQ HR 16

62202A Equipment Rental, Large Dump Truck AQ HR 16

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

15101B Mobilization LSQ LS 1

15201B Construction Surveying & Staking, 15713B Soil Erosion & Pollution Control LSQ LS 1

20411B Unclassified Borrow Excavation CQ CY 35

20802B Foundation Fill CQ CY 20

20806B Structure Excavation LSQ LS 1

25101B Placed Riprap, Class 4 CQ CY 230

25107B Mortared Riprap for Outlet Slopes CQ CY 18

BASE SUBTOTAL BRIDGE #611-03.37 $__________________________________

Base Items – Trail Bridge #611-06.08

25208B Sculpted Rock Wall AQ LF 100

27201B Geocell Abutment Stabilization, 6”

55217B Precast Concrete Member, Abutment AQ EA 2

57101B Steel Prefabricated Bridge Superstructure; Design, Fabricate, Transport, and Install

62201B Equipment Rental, Hydraulic Excavator with Thumb

AQ HR 16

62202B Equipment Rental, Large Dump

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

15101C Mobilization LSQ LS 1

15201C Construction Surveying & Staking, 15713C Soil Erosion & Pollution Control LSQ LS 1

20411C Unclassified Borrow Excavation CQ CY 75

20802C Foundation Fill CQ CY 20

20806C Structure Excavation LSQ LS 1

25101C Placed Riprap, Class 4 CQ CY 190

25107C Mortared Riprap for Outlet Slopes CQ CY 12

25208C Sculpted Rock Wall AQ LF 100

27201C Geocell Abutment Stabilization, 6”

55217C Precast Concrete Member, Abutment

AQ EA 2

BASE – SUBTOTAL BRIDGE #611-06.08 $__________________________________

BASE ITEMS – RAC 0111S2I10919

BASE – SUBTOTAL RAC 0111S2I10919 $__________________________________

BASE ITEMS – RAC 0111S2I10918

BASE – SUBTOTAL RAC 0111S2I10918 $_________________________________

OPTIONAL ITEM #1 – Paving Between MP 3.37 and MP 5.67

57101C Steel Prefabricated Bridge Superstructure; Design, Fabricate, Transport, and Install

62201C Equipment Rental, Hydraulic Excavator with Thumb AQ HR 16

62202C Equipment Rental, Large Dump

NO. DESCRIPTION

METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

RAC-

30307A

Road Reconditioning (FP-14 Specification 303) CQ MI 6.854

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

RAC-

91302

Aggregate Surfacing, Grading D or E, Compaction Method 2 CQ CY 160

RAC-

93305

Side Barrier, Type: Rock Boulder;

Local Source AQ EA 6

RAC-

94201

Gate, Type: Metal AQ EA 1

TOTAL OPTIONAL ITEM #1 $_________________________________

OPTIONAL ITEM #2 – Paving Between MP 5.67 and MP 8.772

TOTAL OPTIONAL ITEM #2 $__________________________________

OPTIONAL ITEM #3 – Road Obliteration

TOTAL OPTIONAL ITEM #3 $___________________________________

NOTE: The total amount of the base items and all optional items shall be the amount placed in Block 17 of the SF 1442.

ITEM

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

90701B Mobilization LSQ LS 1

91106B Recondition Trail Surfacing CQ MI 2.30

91311B Hot Asphalt Plant Mix Trail Surfacing - 3” Depth (MP 3.37 to MP 5.67 (2nd Tunnel))

CQ TON 2227

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

90701C Mobilization LSQ LS 1

91106C Recondition Trail Surfacing CQ MI 3.102

91311C Hot Asphalt Plant Mix Trail Surfacing - 3” Depth (MP 5.67 to MP 8.772 (2nd Tunnel))

CQ TON 3009

NO. DESCRIPTION METHOD OF

MEASURE*

PAY

UNIT**

BASE

QTY.

UNIT

PRICE

TOTAL

PRICE

91116 Obliteration of Abandoned Road - Recontouring

AQ LF 5800

OPTION(S) FOR SEPARATELY PRICED LINE ITEMS

The Government may require the performance of the numbered line items; Optional Line Item #1- Paving Between MP 3.37 and MP 5.67, Optional Line Item #2- Paving Between MP 5.67 and MP 8.772 and Optional Line Item #3- Road Obliteration, identified in the Schedule as optional items, in the quantity and at the price(s) stated in the Schedule. The Contracting Officer may unilaterally exercise the option(s) by written notice to the Contractor not later than 30 June 2022. Delivery of added items shall be within the same period of performance as identified in the base contract , unless the parties otherwise agree.

B.2 SCHEDULE NOTES

a) 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.

b) One award will be made from this solicitation, bidders must submit pricing for all items.

c) Payment for bond premiums in accordance with Clause 52.232-5, Payments Under

Fixed-Price Construction Contracts, shall not be in addition to the contract price.

Include bond payments under Mobilization.

d) Abbreviations used in Bid Schedule LSQ = Lump Sum Quantity LS = Lump Sum CQ = Contract Quantity CY = Cubic Yard AQ = Actual Quantity SY = Square Yard SF = Square Foot LF = Linear Foot

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

a) This rails to trails project includes converting 8.75 miles of abandoned railroad grade to an accessible trail between West Yellowstone, MT and the Montana/Idaho state line boundary near Reas Pass. Work generally involves reconstructing the railroad subgrade, constructing 3 steel truss trail bridges (85’, 80’, and 70’ long) with precast concrete footings, and constructing a 10-foot wide paved accessible trail. Other work includes reconditioning 11 miles of access roads including a temporary bridge to the project sites, constructing staging areas, barricades, moving gates, temporary, and signs.

C.2 PROJECT LOCATON

a) Project is located just outside the town of West Yellowstone, MT.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

a) Per FAR 36.204 the estimated price range is between $1,000,000 and $5,000,000

C.4 GENERAL SPECIFICATIONS

a) Access to the project - winter weather typically occurs between October 15th and May 15th each year.

b) Hours of Operation - the Contractor shall restrict the use of construction equipment, hauling, deliveries, drilling, or blasting during weekends and holidays. Exceptions shall be authorized by the CO.

c) Existing Utilities - the Contractor shall be responsible of identifying and protecting all utilities.

d) Pollution and Erosion Control - during all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the CO.

e) Noxious Weed Control - in order to prevent the potential spread of noxious weeds the

Contractor shall clean equipment in accordance with Section 151.

f) Submittals - submit two copies to the CO for approval on all construction materials and items required herein. Literature shall be marked or otherwise designated to indicate the exact model, size, etc., the Contractor proposes to use. Information shall be adequate to determine compliance with the specifications without additional research by the CO. One copy of approved submittals will be returned to Contractor.

Submit all items with such promptness as to cause no delay in the work. Approvals must be obtained before starting work which involves the item. The Contractor shall allow 5 calendar days for processing of submittals by the Government.

g) Public use of facilities - the Traffic Control requirements are a part of Section 156.

h) Material Source operation and rehabilitation - Material Sources are a part of Section

105. Conduct operations so as to cause minimum impact on air quality, noise levels, and surrounding natural resources. Do not disturb vegetation or the ground surface outside of the limit of disturbance designated in the field by the CO. At the finish of operations, restore disturbed surfaces to pre-contract conditions.

i) Construction Staking - staking shall be accomplished by the Government.

j) Storage and Stockpiling of Equipment and Materials - storage and stockpiling shall take place only within areas approved by the CO.

k) Maintenance of Clean Worksite Conditions - maintain the project work area in a clean and orderly condition throughout the progress of work under this contract.

l) It is anticipated that other contractors will be working in the vicinity concurrently.

Work will include the South Fork Madison Road Bridge and Facility Maintenance.

The Contractor shall make reasonable accommodations for such work and the Government will notify the Contractor in advance of when this work is planned.

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.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 15 November 2022. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 April 2022. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause 52.245-1, contained in Section I of the contract.

Local Materials – including rock for retaining walls, steps, and riprap.

Borrow Boulders Trail Bridge for Trail #2 (Log Footlog located in Bozeman, MT)

Note: The Trail Bridge is to be picked up in Bozeman and delivered by the contractor to the project site.

G.2 OTHER REQUIREMENTS

Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 30 days after the date of contract award. The conference will be held at a time and location TBD.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

INSURANCE COVERAGE

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) 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 shall 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 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $100,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall 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 shall 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.

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

CAMPING

Before camping, the Contractor shall obtain a District Camping Permit from the Hebgen Lake Ranger District through the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping.

The Government will make no special camping allowances for the Contractor within or near the project area. Arrangements with the local private landowners will be at the discretion of the Contractor.

FOOD STORAGE ORDER

The Custer-Gallatin National Forest Food Storage Order will be in effect for the project and will be provided to the contractor at the pre-work meeting.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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

(MAY 2014)

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

Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

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

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

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 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 and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.214-26 Audit and Records – Sealed Bidding (JUN 2020) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications –

Sealed Bidding (JUN 2020) 52.214-28 Subcontractor Certified Cost or Pricing Data – Modifications – Sealed Bidding

(JUN 2010)

52.214-29 Order of Precedence – Sealed Bidding (JAN 1986) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (NOV 2021) Alternate I (NOV 2016) 52.219-14 Limitations on Subcontracting (SEP 2021)

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or

52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 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 (NOV 2021) 52.222-55 Minimum Wages under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 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) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984)

52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION APR 2020)

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)

52.225-9 Buy American Act-Construction Materials (NOV 2021)

(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.

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 55 percent of the cost of all its components. 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 components 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. 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;

(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 _______ _______ _______

Item2:

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.]

52.228-1 Bid Guarantee (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

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

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

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained— https://www.acquisition.gov/far/part-28#FAR_28_203_1

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For

90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

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

2020)

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

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this https://www.acquisition.gov/far/part-28#FAR_28_102_1 contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

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

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

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

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

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

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

52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021)

(a)Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

http://www.fms.treas.gov/c570/ https://www.acquisition.gov/far/part-28#FAR_28_203_1

(b)The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe…

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