1240LT22R0032.pdf

PROCUREMENT & PROPERTY SERVICES INSTRUCTIONAL COVER SHEET

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE

INTERMOUNTAIN REGION PPS/CSA #8

1249 S VINNELL WAY, SUITE 200 BOISE,

ID 83709

SOLICITATION NO. 1240LT22R0032

OFFERS ARE SOLICITED FOR: Lucky Peak Multipurpose Building Remodel

IMPORTANT – NOTICE TO OFFEROR:

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

3. All questions regarding this solicitation must be in writing and addressed to the Contracting Officer email Tanya Spanfellner, tanya.spanfellner@usda.gov All questions must be received no later than APRIL 22, 2022 by 1630 MT to be considered prior to solicitation close date.

4. Site Visit Schedule for APRIL 19, 2022 @ 10AM, at Lucky Peak Nursery at 15169 ID-21, Boise, ID 83716

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR

RESPONSE TO THIS SOLICITATION:

1. SF-1442, Complete, date, and sign.

Provide SAM UNIQUE IDENTIFER and email address. Block 14

2. Representations and Certifications Section K 52.204-8. You must complete Representations and

Certifications via SAM, please only submit a response to Paragraph (b)(1) Pg. 30.

3. Provide information required Section L Addenda to FAR clause 52.215-1, paragraph c, Page 39-40

4. Fill out the pricing schedule for all items Section B-Schedule, Page 5-6

5. Provide Liability insurance verification

6. Complete Determination of responsibility, Attach 4

7. Submit Bid Guarantee 52.228-1-20% of your price

PROPOSALS ARE DUE MAY 5, 2022 BY 1630 MT

Return to:

NAME: TANYA SPANFELLNER

Email:tanya.spanfellner@usda.gov Solicitation No. 1240LT22R0032

ONLY EMAIL PROPOSALS ARE BEING ACCPETED

Please keep a copy of your quote for your records.

NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION

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)

1058617

USDA-FS CSA INTERMOUNTAIN 8

1249 S VINNELL WAY

SUITE 200

BOISE ID 83709

40LT

TANYA SPANFELLNER 208-258-1041

1x 04/05/2022

1240LT22R0032

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

Lucky Peak Multipurpose Building Remodel

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.)

10 360 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, FAR 52.211-10

05/05/2022

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)

Service-Disable Veteran-Owend Small Business Set-Aside

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA INTERMOUNTAIN 8

1249 S VINNELL WAY

SUITE 200

BOISE ID 83709

40LT

TANYA I. SPANFELLNER

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...

SAM UNIQUE IDENTIFER:____________________________

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT22R0032

Delivery: 06/01/2022

Delivery Location Code: 0261

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663 US

FOB: Destination

Period of Performance: 05/23/2022 to 08/31/2023

0001 Lucky Peak Multipurpose Building Remodel

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

Sponsored by GSA

FAR (48 CFR) 53.110

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 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 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT 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 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

Lucky Peak Multipurpose Building Remodel Solicitation No: 1240LT22R0032

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Offerors shall submit pricing on all base and optional items listed on the Schedule of Items. Failure to comply with the instructions may render your offer nonresponsive and ineligible for contract award.

Prices on the Schedule shall reflect Contractor’s full cost for labor, supervision, overhead costs, and incidental items.

B.1 SCHEDULE OF ITEMS

BASE Items Item Supplies/Services Method of Meas

Unit of Issue

QTY Unit Price Total Price

011900 Mobilization LSQ LS 1 $ $ 017320-1 Site Demolition LSQ LS 1 $ $ 010250 Construction Staking LSQ LS 1 $ $ 023701 Sedimentation and

Erosion Control

LSQ LS 1 $ $

000501 Remodel Multipurpose Building

LSQ LS 1 $ $

221300-1 Sewerline-gravity, 4”HDPE, 160 PSI, including Trench and Cleanouts

DQ LF 35 $ $

221300-2 Drainfield LSQ LS 1 $ $ 221300-16 Septic Tank - 750 Gallon

(Concrete) with Internal Baffle

AQ EA 1 $ $

260500-1 Electrical: Site and Extractory Building

LSQ LS 1 $ $

312100 Project Site Preparation and Grading (Excludes All Work Within 5’ of the Building Roof Line)

LSQ LS 1 $ $

321204-1 Crushed Aggregate Base Course-Grading “C” (For Under Asphalt Parking)

DQ CY 30 $ $

321204-2 3” New Crushed Aggregate Surface Course-Grading “G” (For Roadway and Parking)

DQ CY 65 $ $

TOTAL BASE $

Lucky Peak Multipurpose Building Remodel

OPTIONAL BID ITEMS

Item Supplies/Services Method of Meas

Unit of Issue

QTY Unit Price Total Price

000001.1.1.C.1

Remove and Reinstall Equipment

LSQ LS 1 $ $

033000-2 6” Thick Exterior Concrete Slab Adjacent to Multipurpose

LSQ LS 1 $ $

062010 Heavy Timber Stairs AQ EA 12 $ $ 055210 Stair Hand Rails AQ LF 22 $ $ 101400 Exterior Signs

(Aluminum on Galv.

Steel Tube Posts)

AQ EA 1 $ $

321200-1 Hot Mix Asphalt Pavement

LSQ LS 1 $ $

321713 Bollards AQ EA 19 $ $ 322625-1 Wheelstops- 6-Foot

Concrete

AQ EA 5 $ $

000001.1.1.C.1.9 Toilet Room Finishes, Fixtures and Accessories

LSQ LS 1 $ $

TOTAL OPTIONAL $

TOTAL BASE + OPTIONAL BID ITEMS $

B.2 SCHEDULE NOTES

a) Designated Method of Measurement:

DQ – Designed/Contract Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, SQ - Staked Quantities

b) 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.

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

d) Payment for bond premiums in accordance with FAR 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.

Lucky Peak Multipurpose Building Remodel

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

A. This project includes the remodel of an existing building at the Lucky Peak Nursery to serve as the seed extraction facility. Work will involve civil improvements, water, septic, new heating and cooling systems and electrical upgrades, architectural improvements and relocating equipment from a nearby building to the Multipurpose building.

B. The BASE BID ITEMS are shown in the Schedule of Items, described on the drawings and in these specifications. Work includes, but is not limited to:

1. Base Bid Item 1. Provide mobilization and bonding for the work as described in specification section 011900.

2. Base Bid Item 2: Provide selective site demolition as shown on sheet C1 and noted in specification section 017320.

3. Base Bid Item 3: Construction staking as described in specification section 010250.

4. Base Bid Item 4: Provide and install sedimentation and erosion control as described in specification section 023701.

5. Base Bid Item 5: Remodel multipurpose building. Selective demolition of a wood framed storage building that was constructed in 1985. Work will include demolition of siding, roofing, skylights, louvers, fiberglass lights, personnel and overhead doors, rough in plumbing, equipment and finishes. The construction work will include new concrete slabs, foundations for the dust collection and new small roof, ice bridging/ duct support, framing, rough carpentry, truss replacement, sheathing, metal siding, metal roofing, insulation, water rough in, sewer rough in, interior finishes (except toilet room), fiberglass windows, personnel and overhead doors, paint, all ductwork, heating, cooling, compressed air system, power, lighting, communications, earthwork, and crushed aggregate base under slabs and areas adjacent to the building shown on A101. See specification section 000501 for a complete description.

6. Base Bid Item 6: Provide and install the gravity sewer line - 4" HDPE, 160 psi, including trench and cleanouts. See specification section 221300-1.

7. Base Bid Item 7: Provide and install the new drain field, including permit fees as shown in the civil drawings and described in specification section 221300-2

8. Base Bid Item 8: Provide and install septic tank - 750-gallon, concrete with internal baffle as shown in the civil drawings and described in specification section 22130-3.

9. Base Bid Item 9: Provide site electrical and communications site work as shown in the electrical drawings (E sheets). Include the disconnection and safety work in the existing extractor building.

Refer to specification section 260500-1.

10. Base Bid Item 10: Provide project site preparation and grading. (Excludes all work within 5' of the multipurpose building roof line.) Refer to specification section 312100 and the civil drawings.

11. Base Bid Item 11: Provide crushed aggregate base course - Grading "C" For under asphalt parking areas. Refer to specification section 312104-1 and the civil drawings.

12. Base Bid Item 12: 3" Provide new crushed aggregate surface course - Grading "G", For Roadway and parking areas as described in specification section 312104-2 and shown in the civil drawings.

C. The OPTIONAL BID ITEMS are shown in the Schedule of Items, described on the drawings and in these specifications. Work includes, but is not limited to:

1. Optional Bid Item 1: Relocate the extractory equipment shown on sheet I100, I101 and I102. This equipment will move from the existing extractory to the newly remodeled multipurpose building.

Include the anchor bolts needed to secure the equipment. The foundation, ductwork and ice bridging for the dust collection “Dustkop” is included in the base building line item above.

Lucky Peak Multipurpose Building Remodel

2. Optional Bid Item #2: Provide and install the 6” thick concrete pavement surrounding the multipurpose building as shown on sheet A101 and described in specification section 033000-1.

3. Optional Bid Item #3: Provide and install heavy timber site stairs. Refer to specification section

062010 and to the civil drawings.

4. Optional Bid Item #4: Provide and install and paint stair handrails as shown in the civil drawings and described in specification section 055210.

5. Optional Bid Item #5. Provide and install exterior signs (Aluminum on galvanized steel tube posts as shown in the civil drawings and described in specification section 101400.

6. Optional Bid Item #6: Provide and install hot mix asphalt pavement as shown in the civil drawings and described in specification section 321200-1.

7. Optional Bit Item #7: Provide and install concrete filled steel pipe bollards, painted and complete.

See civil drawings, floorplan and detail. Refer to specification section 321713.

8. Optional Bid Item #8: Provide and install 6’ concrete wheelstops as shown in the civil drawings and described in specification section 322625.

9. Optional Bid Item #9: Provide and install toilet room fixtures, flooring, FRP wall finish, toilet accessories, signage, to provide a complete and usable toilet room.

D. Quantities associated with these options are identified in the Schedule of Items.

C.2 PROJECT LOCATON

The project is located at the Lucky Peak Nursery at 15169 ID-21, Boise, ID 83716. Access to the site shall be coordinated with Government personnel due to ongoing work in adjacent facilities.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The estimated price range of the project is between $500,000-$1,000,000.

C.4 TECHNICAL SPECIFICATIONS

The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

Section 000501 - Remodel Multipurpose Building Section 010250 - Construction Staking Section 011250 - Measurement And Payment With Asphalt Section 011900 - Mobilization Section 012500 - Utility Company Coordination Section 013300 - Submittal Procedures Section 014100 - Quality Control Section 015000 - Temporary Facilities And Controls Section 017320 - Selective Demolition Section 023701 - Sediment And Erosion Control Measures Section 024100 - Waste Material Disposal Section 033000 - Cast-In-Place Concrete Section 055000 - Metal Fabrications Section 055210 - Pipe Railings And Guard Rails Section 061000 - Rough Carpentry Section 061600 - Sheathing Section 061753 - Shop-Fabricated Wood Trusses

Lucky Peak Multipurpose Building Remodel

Section 062010 - Heavy Timber Stair Construction Section 064116 - Plastic-Laminate-Faced Architectural Cabinets Section 070150.19 - Preparation For Reroofing Section 072100 - Thermal Insulation Section 074113 - Formed Metal Roof Panels Section 074213.13 - Formed Metal Wall And Soffit Panels Section 076200 - Sheet Metal Flashing And Trim Section 079200 - Joint Sealants Section 081113 - Insulated Hollow Metal Doors And Frames Section 083613 - Sectional Doors Section 085413 - Fiberglass Windows Section 087100 - Door Hardware Section 088000 - Glazing Section 088700 - Window Film Section 092900 - Gypsum Board Section 095113 - Acoustical Panel Ceilings Section 096513 - Resilient Base And Accessories Section 096519 - Resilient Tile Flooring Section 096723 - Resinous Flooring Section 097700 - Special Wall Finishes Section 099113 - Exterior Painting Section 099123 - Interior Painting Section 099600 - High-Performance Coatings Section 101400 - Signs Section 101423 - Panel Signage Section 102800 - Toilet Accessories Section 105201 - Fire-Protection Specialties Section 220517 - Sleeves And Sleeve Seals For Plumbing Piping Section 220518 - Escutcheons For Plumbing Piping Section 220523 - General-Duty Valves For Plumbing Piping Section 220523.12 - Ball Valves For Plumbing Piping Section 220529 - Hangers And Supports For Plumbing Piping And Equipment Section 220553 - Identification For Plumbing Piping And Equipment Section 221116 - Domestic Water Piping Section 221300 - Onsite Wastewater Treatment Systems Section 221316 - Sanitary Waste And Vent Piping Section 221513 - General-Service Compressed-Air Piping Section 223400 - Fuel-Fired, Domestic-Water Heaters Section 224213.13 - Commercial Water Closets Section 224216.13 - Commercial Lavatories Section 224216.16 - Commercial Sinks Section 224716 - Pressure Water Coolers Section 230513 - Common Motor Requirements For Hvac Equipment Section 230529 - Hangers And Supports For Hvac Piping And Equipment Section 230548 - Vibration And Seismic Controls For Hvac Section 230593 - Testing, Adjusting, And Balancing For Hvac Section 230713 - Duct Insulation Section 231126 - Facility Liquefied-Petroleum Gas Piping Section 233113 - Metal Ducts Section 233713 - Diffusers, Registers, And Grilles Section 235416.12 - Dual Fuel Gas Fired Heat Pump Packaged

Lucky Peak Multipurpose Building Remodel

Section 260500 - Common Work Results For Electrical Section 260519 - Low-Voltage Electrical Power Conductors And Cables Section 260526 - Grounding And Bonding For Electrical Systems Section 260533 - Raceways And Boxes For Electrical Systems Section 260553 - Identification For Electrical Systems Section 262726 - Wiring Devices Section 270500 - Common Work Results For Communications Section 270526 - Grounding And Bonding For Communications Systems Section 270528 - Pathways For Communications Systems Section 271100 - Communications Equipment Room Fittings Section 271200 - Communications Copper Network Cabling Section 271323 - Communications Optical Fiber Backbone Cabling Section 311000 - Clearing And Grubbing Section 312000 - Earthwork Section 312100 - Project Site Preparation And Grading Section 312225 - Excavation & Embankment Section 321200 - Hot-Mix Asphalt Paving Section 321204 - Crushed Aggregate Base Or Surface Course Section 321713 - Bollards Section 322622 - Precast Concrete Curb Stops

C.5 BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic Fluids Penetrating Lubricants Degreasers Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Sorbents Adhesive and Mastic Removers Cleaners Concrete/Asphalt Release Fluids Composite Panels Sealers Wood and Concrete Sealers

Graffiti and Grease Removers Stain Removers Metalworking Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

Lucky Peak Multipurpose Building Remodel Solicitation No: 1240LT22R0032 http://www.biopreferred.gov/

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

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)

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

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 OTHER REQUIREMENTS

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 at TBD.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Project Foreman.

(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.

H.2 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from 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.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.3 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.

H.4 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.

H.5 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 $500,000 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.

Lucky Peak Multipurpose Building Remodel

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) 52.204-18 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) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (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)

Lucky Peak Multipurpose Building Remodel Solicitation No: 1240LT22R0032 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing

Method) (AUG 2018) 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 for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP

2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 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) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 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)

Lucky Peak Multipurpose Building Remodel

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 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) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) (DEVIATION

APR 2020)

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)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

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 Prior to completion of base bid items.

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

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

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

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

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

(2) Submit this estimate to info will be provide after contract award.

Lucky Peak Multipurpose Building Remodel

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

Lucky Peak Multipurpose Building Remodel 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.

Lucky Peak Multipurpose Building Remodel

(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…