1240LT22R0075.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. 1240LT22R0075

OFFERS ARE SOLICITED FOR: TIMBER CREEK HORSE CAMP RECONSTRUCTION

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 JULY 1,2022 by 1630 MT to be considered prior to solicitation close date. SITE VISIT JUNE 29, 2022 at 1400 PT, Meet at Project Location, White Pine County, NV, in Section 26, T 18 N, R 65 E. It is located approximately 29 miles northeast of Ely, NV. The project may be accessed from US Highway 93, Duck Creek Road, and Forest Road 425 (Timber Creek Road).

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

RESPONSE TO THIS SOLICITATION:

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

Provide UNIQUE ENTITY 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. 31.

3. Provide information required Section L Addenda to FAR clause 52.215-1, paragraph c, Page 40-41

4. Fill out the pricing schedule for all items Section B-Schedule, Page 6-9

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 JULY 12, 2022 BY 1630 MT

Return to:

NAME: TANYA SPANFELLNER

Email: tanya.spanfellner@usda.gov Solicitation No. 1240LT22R0075

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

mailto:tanya.spanfellner@usda.gov mailto:tanya.spanfellner@usda.gov

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)

1061064

USDA-FS CSA INTERMOUNTAIN 8

1249 S VINNELL WAY

SUITE 200

BOISE ID 83709

40LT

Tanya Spanfellner tanya.spanfellner@usda.gov

TANYA SPANFELLNER 208-258-1041

1x 06/10/2022

1240LT22R0075

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

TIMBER CREEK HORSE CAMP RECONSTRUCTION, HUMBOLDT-TOIYABE NF, ELY RANGER DISTRICT

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, FAR 52.211-12

07/12/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

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 UEI:____________________________________

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT22R0075

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 93E7

USDA FOREST SERVICE

ELY RANGER DISTRICT

825 AVENUE E

ELY NV 89301 US

0001 Timber Creek Horse Camp Renovation

0002 Option 1 - Lantern Hooks and Horseshoe Pits

(Option Line Item)

0003 Option 2 - Smooth Wire Fence

(Option Line Item)

0004 Option 3 - Steel Fence

(Option Line Item)

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 SITE INFORMATION AND LIMITATIONS

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

C.5 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

C.6 WORK CAMPS, STAGING AND STORAGE AREAS

C.7 INSPECTION OF WORKSITE

C.8 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.21OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

TIMBER CREEK CAMPGROUND RENOVATION - PHASE II

Timber Creek Horse Camp Renovation

Final (02/18/2022)

ITEM

NUMBER DESCRIPTION

METH

OD OF

MEAS

UNI

T QTY PRICE TOTAL

BASE BID

010250-1 Construction Staking LSQ LS 1

011900 Mobilization LSQ LS 1

024102 Removal and Disposal of Existing Structures LSQ LS 1

099110 Prepare and Repaint - Exterior - Precast Toilet Building

AQ EA 3

101110 Bulletin Board - 2 Panel AQ EA 1

101400-1 Signs - Regulatory AQ EA 9

101400-2 Signs - Relocation AQ EA 3

101415 Signs - Minor Site I.D. AQ EA 4

129400-1

Family Unit - Single (Includes Aggregate Surface Pad with Timber Edger and Site Furniture)

AQ EA 6

129400-2

Family Unit - Double (Includes Aggregate Surface Pad with Timber Edger and Site Furniture)

AQ EA 1

129400-4 Unit Markers (Family Units) AQ EA 7

129702 Fee Tube AQ EA 1

129800-1

Horse Hitch Rail - Steel Pipe Post and Pole 1-Rail, 4-inch dia. and Timber Edger

AQ EA 7

129800-2 Weathered Steel Pipe - 4-inch dia. (for Post and Pole Corral Fence, 2-Rail)

DQ LF 745

129800-3 Gates - Steel Pipe Post and Pole, Multi-Rail, 2-inch dia.

AQ EA 3

133402 Single Precast Vault Toilet AQ EA 1

133405-1 Utility Box - Concrete, w/ Water Meter and Chlorinator

AQ EA 1

133405-2 Utility Box - CMP, 48" Dia. w/ PRV AQ EA 2

133405-3 Utility Box - CMP, 48" Dia. w/ Isolation Valve AQ EA 1

136000 Premanufactured Shelter (16'-6" x 16' posts 20' x 20' roof dripline)

AQ EA 3

138000-1 Pedestrian Bridge - 24' Long AQ EA 1

138000-2 Pedestrian Bridge - 28' Long AQ EA 1

221100-1 Pipeline - 1" HDPE, 160 PSI with Heat Fusion Joints, Including Trench

DQ LF 125

221100-2 Pipeline - 1.5" HDPE, 160 PSI with Heat Fusion Joints, Including Trench

DQ LF 355

221100-3 Pipeline - 2" HDPE, 160 PSI with Heat Fusion Joints, Including Trench

DQ LF 610

221100-4 Pipe Sleeve - 4" Steel DQ LF 60

221100-5 Daylight Drain - 1.5" Screened AQ EA 1

221100-6 Daylight Drain - 2" Duckbill AQ EA 1

221102-1 Curb Valve and Box - 1" Poly AQ EA 1

221102-2 Curb Valve and Box - 1.5" Poly AQ EA 2

221102-3 Curb Valve and Box - 2" Bronze AQ EA 1

221105-1 Hydrant - Type B AQ EA 2

312000-1 Pipe Zone Material - Imported (Commercial Source)

AQ CY 85

312000-2 Special Bedding - Imported (Commercial Source)

AQ CY 20

312100-1 Project Site Preparation and Grading LSQ LS Lump

Sum

321204-1

Crushed Aggregate Surface Course - Grading G for Roads, Parking Areas and Parking Spurs at Group Areas, Pathways, Horse Hitch Post Pads, Horse Corral Pad and Bulletin Board Pads ONLY (Commercial Source)

DQ CY 1550

321210 Rockery Retaining Wall AQ SF 880

322110-1 Tent Pad - Single (16' x

16') AQ EA 6

322110-2 Tent Pad - Group (30' x

30') AQ EA 2

322205 Barrier Rocks (Commercial Source) AQ EA 55

322625 Wheelstop - 8-foot Recycled Plastic AQ EA 8

323110 Cattleguard w/ Concrete Base - 20' Long AQ EA 1

323160-1 Fence - Barbed Wire DQ LF 5300

332228-1

Galvanized Culvert - 18-inch Corrugated Metal Pipe (16 Gage, 2 2/3"x1/2" Corrugations)

SQ LF 65

332228-2

Galvanized Culvert - 30-inch Corrugated Metal Pipe (16 Gage, 2 2/3"x1/2" Corrugations)

SQ LF 52

TOTAL BASE $

BID OPTION #1 (Lantern Hooks and Horseshoe Pits)

129400-3 Lantern Hooks AQ EA 8

322101 Horseshoe Pits AQ EA 2

TOTAL OPTION #1 $

BID OPTION #2 (Smooth Wire Fence Around Upper Equestrian Campground Perimeter)

323160-2 Fence - Smooth Wire DQ LF 745 $

TOTAL OPTION #2 $

BID OPTION #3 (Steel Fence Around Upper Equestrian Campground Perimeter)

129800-4 Weathered Steel Pipe - 4-inch dia. (for Post and Pole Perimeter Fence, 2-Rail)

DQ LF 2065 $

TOTAL OPTION #3 $

GRAND TOTAL $

B.2 SCHEDULE NOTES

* Designated Method of Measurement:

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

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

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

c) The offeror shall insert a quote in the 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 incidental to one of the above items above.

NOTE: 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-03 109.01 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

A. This project includes the second phase of renovation of the Timber Creek Campground complex on the Ely Ranger District on the Humboldt-Toiyabe National Forest. Specifically, this project focuses on the upgrade of the Timber Creek Equestrian Campground with bridge replacements and water system upgrades in the nearby Timber Creek Campground.

B. The work includes:

1. Removal and disposal of existing structures and site furnishings.

2. Obliterating, scarifying, and re-contouring existing roads and paths.

3. Construction of campground roads, pullouts, and camping spurs.

4. Installing new cattleguard, culverts, and signs for roadways.

5. Extending an existing water system to lower campsites including hydrants, valves, drain, and a creek crossing.

6. Relocating and replacing existing equipment with manholes on an existing water system including a chlorinator, meter, and two pressure reducing valves.

7. Installing a precast restroom with aggregate pathway.

8. Painting existing restrooms to match the new restroom.

9. Constructing new aggregate pathways.

10. Constructing new footbridges on pathways.

11. Installing new site features, including site wheel stops, kiosk, unit markers, and fee tube.

C. Construction of new aggregate surface family units with site furniture, tent pads, equestrian equipment, and aggregate paths.

D. Constructing a steel pipe corral fence and barb wire boundary fence.

E. Items to be salvaged and reinstalled:

1. Three signs.

2. Cattleguard (salvage only).

F. Optional work that may be awarded includes:

1. Option #1: Constructing new horseshoe pits and lantern hooks.

2. Option #2: Smooth wire boundary fence.

3. Option #3: Steel pipe boundary fencing.

C.2 PROJECT LOCATON

The project is located on the Ely Ranger District of the Humboldt-Toiyabe National Forest, White Pine County, NV, in Section 26, T 18 N, R 65 E. It is located approximately 29 miles northeast of Ely, NV. The project may be accessed from US Highway 93, Duck Creek Road, and Forest Road 425 (Timber Creek Road).

C.3 SITE INFORMATION AND 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:

1. Timber Creek Equestrian Campground and affected group units of the Timber Creek Campground will be closed to the public during construction. However, the majority of the Timber Creek Campground will remain open to the public except as arranged in advance with the Contracting Officer and District Ranger. The Forest Service will issue necessary closure orders to the public.

The Contractor will be responsible for signing and limiting public access to construction areas.

a. The timing and duration of any closure of Timber Creek Road for its reconstruction must be coordinated with the Contracting Officer 14 days in advance of closure. The closure cannot extend through an official holiday weekend.

2. Contractor will provide all materials and labor necessary to protect streams, wet or dry, during construction activities. The Contractor will be required to submit a stream protection plan and receive approval from the COR, in writing, prior to the beginning of construction.

3. Contractor will be required to obtain necessary permits from the Nevada Division of Environmental Protection including Construction Stormwater Permit and Working in Waterways Permit.

4. All construction equipment shall be pressure washed before entering National Forest System lands.

The removal of mud and debris from treads, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

5. Utilities are not available at the site for construction purposes.

6. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work.

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

The estimated price range of the project is between $1,000,000 and $5,000,000.

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. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All closure signs, or traffic control signs warning of closures ahead, will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C.6 WORK CAMPS, STAGING AND STORAGE AREAS

A. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.

B. Trailers for on-site housing must be located in the Equestrian Campground or as approved by the CO.

Timber Creek Campsites must remain available to the public.

C.7 INSPECTION OF WORKSITE

A. 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.8 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 010250 - Construction Staking Section 011250 - Measurement And Payment Section 011900 - Mobilization Section 013300 - Submittal Procedures Section 014100 - Quality Control Section 015100 - Temporary Traffic Control Section 023701 - Sediment And Erosion Control Measures Section 024100 - Waste Material Disposal Section 024102 - Removal And Disposal Of Structures And Obstructions Section 033015 - Concrete For Minor Structures Section 033020 - Concrete From Packaged Dry Mix For Minor Structures Section 053000 - Sheet Metal Roofing Section 099100 - Painting Section 101110 - Bulletin Board Section 101400 - Signs Section 101415 - Site Identification Sign (Hdpe) Section 129400 - Family Unit And Site Furnishings Section 129702 - Fee Tube Section 129800 - Steel Pipe Posts And Rails Section 133402 - Precast Concrete Vault Restroom Building Section 133405 - Utility Boxes Section 136000 - Pre-Manufactured Shelter Section 138100 - Treated Timber Footbridge Section 221100 - Water Distribution Systems Section 221102 - Curb Valves And Boxes Section 221103 - Plumbing Appurtenances Section 221104 - Equipment Labeling For Water And Wastewater Systems Section 221105 - Water Hydrants Section 311000 - Clearing And Grubbing Section 312000 - Earthwork Section 312010 - Select Borrow Section 312100 - Project Site Preparation And Grading Section 312225 - Excavation & Embankment Section 321204 - Crushed Aggregate Base Or Surface Course Section 321210 - Rockery Retaining Wall Section 322101 - Horseshoe Courts Section 322110 - Tent Pads

Section 322205 - Barrier Rocks Section 322625 - Recycled Plastic Curb Stop Section 323110 - Cattleguard Section 323160 - Barbed Wire Fence And Gates Section 332228 - Culvert Pipe And Pipe Arches

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

52.211-13 Time Extensions (SEP 2000) 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 120 after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.21OTHER 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 OTHER REQUIREMENTS

KEY PERSONNEL

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

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.

ARCHAEOLOGICAL OR HISTORIC SITES

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

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

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

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

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

INSURANCE COVERAGE

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

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

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

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (SEP 2021)

[Contracting Officer check as appropriate.] https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP

2013) 52.223-5 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) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 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 I (APR 1984) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) (DEVIATION

APR 2020)

52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP

1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

52.217-7 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 120 days after date of award.

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 identified after contract award.

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

(a) Definitions. As used in this clause-

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at

Federal Acquisition Regulation (FAR) 2.101);

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the

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

Cost of components means-

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

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

Domestic construction material means-

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the

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

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

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

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

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

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

________NONE________________________________________

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:

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

Item2:

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

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

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

[Include other applicable supporting information.]

52.228-1 Bid Guarantee (SEP 1996)

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

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

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

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

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

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

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

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

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

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

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the

Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

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

(3) Other contracts not subject to the requirements…