1240LS25Q0016-SF Ad Site HVAC-final.pdf

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Attached to
Spanish Fork Ad Site HVAC Replacement Federal contract opportunity
Solicitation number
1240LS25Q0016
Issued by
Department of Agriculture Forest Service

About this file

This is a Request for Quote (RFQ) for the Spanish Fork Ad Site HVAC System replacement project issued by the USDA Forest Service. The solicitation seeks a contractor to retrofit and reconstruct the HVAC system for an existing building located at 1650 E 750 S St, Spanish Fork, Utah. The project scope includes removing the existing 4-ton AC unit and furnace, installing two 4-ton outdoor units capable of running multiple indoor mini-split ductless units, installing seven individual high-wall indoor units, creating a new concrete pad, and completing all associated electrical, piping, and connection work.

Key contract details include a project estimated between $25,000-$100,000, a mandatory 60-calendar day performance period, and a site visit scheduled for April 30, 2025. Proposals are due by May 8, 2025, at 1:00 PM Mountain Time and must be emailed to the Contracting Officer. The solicitation is a small business set-aside, and the evaluation will use a Best Value approach considering technical capability, past performance, experience, timeliness, and price, with technical factors being slightly more important than price. The contract will be awarded to the offeror providing the best overall value to the government.

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Solicitation No: 1240LS25Q0016 Project Name: SF Ad Site HVAC System

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFQ 1240LS25Q0016

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE

ISSUED

04/25/2025

PAGE OF

PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

1142700

6. PROJECT NO.

7. ISSUED BY CODE 40LS 8. ADDRESS OFFER TO

USDA - Forest Service Procurement and Property Services (PPS) Contracting Service Area (CSA) #7 1749 West 500 South Salt Lake City, UT 84104 christine.m.hansen@usda.gov

9. FOR INFORMATION

CALL:

a. NAME Chris Hansen

b. TELEPHONE NO. (Include area code) (NO COLLECT

CALLS)

(385) 509-1895

SOLICITATION

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

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

Spanish Fork Ad Site HVAC System

Uinta-Wasatch-Cache National Forest Utah County, Utah

The Government estimates the project magnitude to be between $25,000 and $100,000.

A Site Visit will be held on Wednesday, April 30, 2025 at 1:30 PM 1650 East 750 South, Spanish Fork, UT 84660 Proposals are due by Thursday, May 8, 2025, at 1:00 p.m. (Mountain Time) Local Time.

Proposal shall be emailed to:

Chris Hansen, CO christine.m.hansen@usda.gov It is the offeror’s responsibility to ensure that their proposal is received by the due date and time.

Questions regarding this solicitation are due in writing to the CO, by Monday, May 5, 2025, at 1:00 PM (Mountain Time) Local Time

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause

52.211-10) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT

BONDS?

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Emailed offers specified in Item 8 are due by 1:00 pm local time on Thursday, May 8, 2025.

b. An offer guarantee is, is not required (in the amount of 20 percent of the bid price) if quote exceeds $150,000.

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.

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA mailto:christine.m.hansen@usda.gov

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

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

26. ADMINISTERED BY CODE 84N8 27. PAYMENT WILL BE MADE BY

All invoices will be processed using the Department of Treasury’s

Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this

29. AWARD (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. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

FAR (48 CFR) 53.236-1(e) http://www.ipp.gov/

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 SITE INFORMATION AND LIMITATIONS

C.5 TRAFFIC CONTROL

C.6 INSPECTION OF WORKSITE

C.7 WORK CAMPS, STAGING AND STORAGE AREAS

C.8 START DATE

C.9 CONTRACT ITME

C.10 TECHNICAL SPECIFICATIONS

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

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

RESPONDENTS

K.1 PROVISIONS

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

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 QUOTE EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SF Ad Site HVAC System Item(s) Quantity Unit of Issue Unit Cost Amount Mobilization 1 each 9,000 BTU Indoor High Wall Ductless Unit 5 each 18,000 BTU Indoor High Wall Ductless Unit 2 each 4 Ton Outdoor Unit 2 each Electrical wiring & breaker 2 each Precast Concrete Pad 1 each Labor for Installation /demolition hours

TOTAL

Name of Company (Please Print):

Unique Entity ID (UEI) from SAM.gov:

Printed Name of Company Representative:

Signature of Company Representative:

Phone Number:

Email Address:

Date:

B.2 SCHEDULE NOTES

The offeror shall insert a quote in each Bid Schedule opposite each pay name listed in the Schedule.

A quote is not to be tendered for any item not listed. All other items not listed are indirect to one of the above items above.

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

A. This project includes all requirements necessary for the retrofit and reconstruction of an efficiently operating Heating, Ventilating, and Air Conditioning system for the existing Spanish Fork Ad Site Building. This will include removal and storage of the existing 4ton AC unit and furnace. With the installation of new units, one new AC concrete pad, and mini split system according to specifications and COR instruction. All incidental demolished material is to be disposed of as required by the local jurisdictions. All equipment, including mini-splits, electrical, piping and any other connections as indicated is to be provided and installed.

B. Disconnect the existing mobile home 4-ton outdoor AC unit and replace with a mini split system at the Spanish

Fork AD Site office. The contractor shall be responsible for disconnecting the existing system. The new system shall consist of (2) 4-ton outdoor units, each capable of running multiple indoor mini split ductless units. Inside of the trailer there shall be 7 individual high wall indoor units. 3 of the indoor units shall be ran by one of the 4-ton outdoor units, and the other 4 indoor units shall be run by the other 4-ton outdoor unit. Locations of mini-split installation will be determined where they are best suitable for each room. This will be a joint effort to coordinate with the contractor and COR.

Contractor shall also be responsible for the following.

• Removing hanging soft duct work from underneath the trailer and capping/sealing penetrations in floor from the inside & outside of floor.

• Removal and storage (freon removed from A/C unit, then tagged as “certified removed” and given to the FS) of existing furnace unit and restoring floor penetration. Storage of old unit to be determined by COR.

• In the two bathrooms, cut and install 2 pass-through square 26-⅝” vents on opposing walls of bathrooms.

In each bathroom, one vent will be installed 6" from floor and another vent will be installed on the opposing wall 6" typical from ceiling.

C. This project is to be constructed while the building is occupied by the user. Coordination and phasing of work is required. Staging and storage of materials shall be coordinated with the user prior to the start of the project.

Damages to any portion of the building while this project is completed are to be repaired with matching finishes of what is now installed.

D. Start up, testing and balancing, checkout, owner training, and warranty shall be included in the project.

C.2 PROJECT LOCATION

Spanish Fork Ad Site Office: 1650 E 750 S St, Spanish Fork, UT 84660.

Coordinates: 40.10049156, -111.62672274

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Government’s estimated price range per FAR 36.204, is between $25,000-$100,000.

C.4 SITE INFORMATION & LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

A. Construction sites will not be closed to the public or forest service during construction. The contractor shall be responsible for signing and limiting public and forest service access to the portions of the building where the construction is.

• There is existing electrical service for the site. Contractor shall have permission to use existing electrical services during construction. Contractor shall be aware of the use of electrical services and shall limit the use of electrical services to the construction alone. Contractor is responsible for turning off all lights and power so as not to waste electrical services. Contractor shall provide connections and extensions of services as required for construction operations.

• There is water service on site. Contractor is to provide connections and extensions of services as required for construction operations.

• Sewer service to the site is available on site and will be available for construction operations.

• Toilet facilities are on site. Contractor and workers shall have access to toilet facilities during construction. Verify with COR which toilets shall be available.

• Construction Hours – Hours of operation for the construction, demolition, excavation and subsequent cleanup shall be only between the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday.

• Parking: Use designated areas for construction personnel or as approved by the COR. Coordinate all other parking with the COR.

Waste Management and Disposal

• Waste Management Plan: Submit a copy of plan within 10 days of date established for the Notice to Proceed.

• Processing waste material for salvage and recycling is encouraged.

• The Contractor shall provide and maintain appropriate waste disposal containers or bins at the project site for the duration of the project construction. Verify with Contracting Office for placement of disposal containers and bins on the project site.

• Waste material and debris shall be picked up and deposited in the waste disposal bins daily. Containers must be emptied on a weekly basis unless more frequent emptying is needed.

• Burning or burying of construction waste material on site will not be permitted. Material shall be disposed of in accordance with the Waste Material Disposal specification.

C.5 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR and Utah Department of Transportation. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD).

C.6 INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.7 WORK CAMPS, STAGING AND STORAGE AREAS

Within 10 days of Notice to Proceed, Contractor shall submit a site plan showing proposed staging areas, access and parking locations, locations for field offices, and storage areas for review and approval by the CO.

Areas for staging operations and storage of materials shall be approved by the COR. The Contractor must request in writing for approval from the COR to stage trailers (work) on site. Overnight camping and housing on site will not be allowed.

C.8 START DATE

May 2025

C.9 CONTRACT TIME

60 Calendar Days

This project shall be completed while the office is occupied by the user and should be coordinated with the building manager, so the interference of operations is kept to a minimum.

• Removal of existing HVAC Equipment and systems as shown in specifications.

• Contractor shall submit proposed location of new HVAC design and cross over vents in drawings, to COR.

• Section C-01 are the proposed locations of each cross over vent. Approval from COR for the final location of mini-splits, 4-ton units, cross-over vents and any other equipment locations for this contract is required.

C.10 TECHNICAL SPECIFICATIONS

See attached for list of attachments

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

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

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-13 Time Extensions (SEP 2000) FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.211.10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (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 March 15, 2025. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held via conference call.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

AGAR 452.228-71 Insurance Coverage (NOV 1996)- Alternate I (NOV 1996)

Pursuant to FAR clause FAR 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.

(End of clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Superintendent

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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

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

Deviations to clauses may be viewed at: Policies & Regulations | USDA

FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2025) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-28 Post Award Small Business Program Rerepresentation (JAN 2025) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing

Method) (AUG 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/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

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY

2024) FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024)

FAR 52.223-20 Aerosols (MAY 2024) FAR 52.223-21 Foams (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) (DEVIATION FEB 2025) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-16 Quantity Surveys (APR 1984) Alternate 1 (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) Alternate II (APR 1984) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB

2025) FAR 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.246-21 Warranty of Construction (MAR 1994) Alternate I (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2020) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) Alternate I (SEP 1996) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) AGAR 452.236-70 Additive or Deductive Items (FEB 1988) AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

FAR 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 30 days after award.

(End of clause)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

Cost of components means— https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.acquisition.gov/far/part-2#FAR_2_101

(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

(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.

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

"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:

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

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

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

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

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

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

(End of clause)

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

Attachment 1- Specifications-SF Ad Site HVAC Attachment 2- Wage Determination UT20250087, Utah County, UT 3/14/2025 Attachment 3- SF Ad Site Trailer Floorplan

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec

2023)

FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $16.5M.

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

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

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

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

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

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

(i) □ Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18

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

(v) FAR 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) FAR 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) FAR 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) FAR 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) FAR 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) FAR 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or…

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