1240LT24R0012.pdf

PROCUREMENT & PROPERTY SERVICES INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN REGION PPS/CSA #8

324 25th St, Ogden, UT 84401

SOLICITATION NO. 1240LT24R0012

OFFERS ARE SOLICITED FOR: Bessey Nursery Construction Correction & Completion

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. MANDATORY SITE VISIT SCHEDULED FOR MARCH 5, 2024 AT 9:00 AM MOUNTAIN

TIME AT BESSEY NURSERY, 0637 River Loop, Halsey, NE 69142

3. 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.)

4. 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 MARCH 12 by 1630 MT to be considered prior to solicitation close date

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 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. 33.

3. Provide information required Section L 452.215-7 Instruction for the Preparation of Technical and

Business Proposal Pg. 40-42

4. Fill out the pricing schedule for all items Section B-Schedule, Page 5-11

5. Provide Liability insurance verification

6. Complete Determination of responsibility, Attach J.7

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

PROPOSALS ARE DUE MARCH 21 BY 1630 MT

Return to:

NAME: TANYA SPANFELLNER

Email: tanya.spanfellner@usda.gov Solicitation No. 1240LT24R0012

ONLY EMAIL PROPOSALS ARE BEING ACCPETED

Please keep a copy of your quote for your records.

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)

1116717

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

Tanya Spanfellner tanya.spanfellner@usda.gov

TANYA SPANFELLNER 208-258-1041

1x 02/21/2024

1240LT24R0012

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

Bessey Nursery Construction Correction & Completion

NO PAPER SOLICITATIONS SHALL BE ISSUED.

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

SOLICITATION

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 330 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10, Section F

03/21/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

SAM Unique Entity Identifer:_________________________

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT24R0012

Delivery: 04/30/2024

Delivery Location Code: 65NZ

DEPT OF AGRICULTURE FOREST SERVICE

BESSEY NURSERY

40637 RIVER LOOP

HALSEY NE 69142 US

FOB: Destination

Period of Performance: 04/15/2024 to 03/14/2025

0001 Bessey Nursery Greenhouse Re-Procurement

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 LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

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

Solicitation No.: 1240LT24R0012 Project Name: Bessey Nursery Construction Correction & Completion

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

PAY ITEM ITEM DESCRIPTION UNIT OF

MEASURE

EST.

QTY

TOTAL

PRICE

Bessey Nursery Construction Correction & Completion Base 001 Replace Headhouse Sewer Line Lump Sum LS $ Base 002 Replace Inverted Polycarbonate Greenhouse Panels Lump Sum LS $ Base 003 Evaluate and Propose Repair Water Infiltration at

Freezer Smoke Vents

Description (e.g. Senior Electrician) Rate

Proposed Repair Report $________

Time and Materials Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 004 Evaluate and Propose Repair for Freezer Refrigerant Leak Detectors

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 005 Evaluate and Propose Repair for Freezer Ceiling Edge Insulated Metal Panel Connections and Remove Condensation

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 006 Repair Headhouse & Freezer Gutters Lump Sum LS $

Solicitation No.: 1240LT24R0012

Base 007 Evaluate and Propose Repair/Upgrade Tripping

Greenhouse 10 & 12 Ridge Vent Motor Circuits

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 008 Evaluate and Propose Adjustment/Correction/Repair/ Replacement of All Greenhouse Ridge and Side Vent Systems

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 009 Complete Headhouse Door Threshold Installation Lump Sum LS $ Base 010 Repair/Correct Greenhouse West Endwall Structural

Connections at Truss Top Chords Lump Sum LS $

Base 011 Evaluate and Propose Replacement of Failing Louver Motors at All Greenhouse West Endwall Intake Louvers

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 012 Rekey & Coordinate Keying For Headhouse, Freezer, and Greenhouse Doors

Actual Quantity

11 $

Base 013 Adjust Exterior Water Supply Valving Stem Heights & Provide Concrete Collars

Lump Sum LS $

Base 014 Correct Headhouse Vertical Corner Joint Construction

Lump Sum LS $

Base 015 Evaluate and Propose Correction of Connection &

Programing of Fire Alarm Autodialer

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 016 Complete Installation of Dry Type Transformer Weather Shields

Lump Sum LS $

Base 017 Correct/Repair/Protect Greenhouse Foundation Anchor Bolts

Lump Sum LS $

Base 018 Evaluate and Propose Freezer Attic Ventilation Correction

Description (e.g. Senior Electrician) Rate

Not To Exceed

Hourly Provide Proposed Not to Exceed price

Base 019 Headhouse to Freezer Insulation & Connection Voids

PAY ITEM ITEM DESCRIPTION UNIT OF

MEASURE

EST.

QTY

TOTAL

PRICE

Bessey Nursery Construction Correction & Completion Option 001 Replace & Bury Electrical Line to Cistern Lump Sum LS $ Option 002 Provide Separate Convenience Outlet Circuit for

Headhouse & Freezer Lump Sum LS $

Option 003 Relocate Electrical Conduit in Greenhouses Lump Sum LS $ Option 004 Inspect/Correct Electrical Installations Lump Sum LS $ Option 005 Repair Water Infiltration at Freezer Smoke Vents

Lump Sum LS Price To Be

Provided upon completion of Base Item 003

Option 006 Repair for Freezer Refrigerant Leak Detectors upon completion of Base Item 004

Option 007 Repair for Freezer Ceiling Edge Insulated Metal Panel Connections and Remove Condensation upon completion of Base Item 005

Option 008 Repair/Upgrade of Tripping Greenhouses 10 & 12 Ridge Vent Motor Circuits

Lump Sum LS Price To Be Provided upon completion of Base Item

Option 009 Adjust/Correct/Repair/ Replace All Greenhouse Ridge and Side Vent Systems

Lump Sum LS Price To Be Provided upon completion of Base Item

Option 010 Replace Failing Louver Motors at All Greenhouse West Endwall Intake Louvers

Lump Sum LS $ Price To Be Provided upon completion of Base Item

Option 011 Correct Connection & Programing of Fire Alarm Autodialer

Lump Sum LS $ Price To Be Provided upon completion of Base Item

Solicitation No.: 1240LT24R0012

Option 012 Freezer Attic Ventilation Correction Lump Sum LS $ Price To

Be Provided upon completion of Base Item

Option 013 Replace Irrigation Lines Lump Sum LS $ Option 014 Replace Pumphouse Lump Sum LS $ Option 015 Building Headhouse - Edge Protection for Packing Shed

Loading Lump Sum LS $

Option 016 Building Nursery Shop: Assessment of Gypsum Board Ceiling (ID $204)

Description (e.g. Senior Electrician) Rate

Materials Not

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 017 Provide Code Compliant Egress Lighting at All Buildings

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 018 Building Old Seed Extractory: Evaluate Wiring for Main Breaker

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 019 Building Old Seed Extractory: Replace Electrical and Lighting System

Lump Sum LS $

Option 020 Replace Field 1 Water Line Lump Sum LS $ Option 021 Building Nursery Shop: Gypsum Board Ceiling Repair (ID

#204) Lump Sum LS Price To Be

Provided Upon Completion of Option Item 016

Option 022 Provide Code Compliant Egress Lighting at All Buildings Lump Sum LS Price To Be Provided Upon Completion of Option Item 017

Option 023 Old Seed Extractory: Evaluate Wiring for Main Breaker Lump Sum LS Price To Be

Upon Completion of Option Item 018

Option 024 Building 03-15 Vehicle Storage: Assessment and Proposal to Clean and Add LED Bulbs to All Light Fixtures

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 025 Building 03-15 Vehicle Storage Clean and Add LED Bulbs to All Light Fixtures

Upon Completion of Option Item 025

Option 026 Buildings 03-24 and 03-25 Greenhouses: Assessment and Proposal to Replace All Broken Gasket Covers for Lights and Clean as Required

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 027 Buildings 03-24 and 03-25 Greenhouses: Replace All Broken Gasket Covers for Lights and Clean as Required

Upon Completion of Option Item 026

Option 028 Assessment and Proposal to Replace 1 Reznor Propane Heater and 3 Lennox Propane Heaters

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 029 Replace Heaters Lump Sum LS Price To Be Provided Upon Completion of Option Item 028

Option 030 Evaluate and Propose Replacement of All Building Exit

Signs with Self-luminous or Photoluminescent Exit Signs

Description (e.g. Senior Electrican) Rate

To Exceed

Hourly Provide Proposed Not to Exceed price

Option 031 Install Building Exit Signs Lump Sum LS Price To Be Provided Upon Completion of Option Item 030

Option 032 Provide Concrete Driveways, Walkways, and Connections for Greenhouses and Dock

* Option items may be awarded up to 120 days after completion of base items. All pricing for option items shall be firm and as-bid within these timelines.

B.2 SCHEDULE NOTES

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

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This contract completes and corrects irrigation, greenhouse, headhouse, freezer, and other associated work undertaken by a previous project. See J-2 for details.

C.2 PROJECT LOCATION

The project is located at the Bessey Nursery, just west of Halsey, NE.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Government Cost Estimate, per FAR 36.204, is between $500,000 and $1,000,000.

C-4 Schedule The Period of Performance for this contract is 330 days from Notice to Proceed. If required due to weather and excavation limitations, contractors may propose an alternate, later completion date for capping off of the to-be-abandoned waterline only. All other work shall be completed within the 330-day period.

The contractor shall complete work affecting greenhouse operation and return all greenhouses to service by January 17th, 2025. If not achieved, the Nursery risks not being able to plant on schedule and loss of the year’s crop valued at $250,000 per greenhouse (of 4 total). If the contractor fails to return the greenhouses to service by January 17th, 2025, the Contracting Officer may have the necessary work performed immediately and charge the cost to the Contractor (see FAR 52.249-10).

Work Hours: All work during the period of performance shall be performed between 7:00 am to 5:00 pm, Monday through Friday, with the exception of Federal Holidays (see below for holiday schedule). Any work performed outside of this timeframe shall be approved by the COR prior to start. Any work outside of daylight hours shall be accompanied by adequate lighting provided by the contractor.

Federal Holidays Observed: Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, New Year’s Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Christmas Day, Juneteenth, and any other day specifically designated by the President of the United States.

The contractor shall schedule work which will affect the operations of the greenhouses so as to protect the crop in production. This includes, but is not limited to, watering, ventilating, and heating at the greenhouses.

Additionally, some portions of the work will be inaccessible while a crop is in production in the greenhouses.

For work which affects operation of the greenhouses or outages to the greenhouses, the contractor shall submit a written plan complying with this contract and their technical proposal for review by the COR. Include sequencing of events and an impact or outage schedule. Work may not proceed until approved by the COR.

If the contractor’s work for any reason extends beyond the approved plan and damage to the crop is possible, the contractor shall take any and all necessary measures to preserve and protect the crop. This may include, for example, trucking of irrigation water, hand watering, temporary ventilation means, temporary heating means, etc. If the contractor fails to take adequate action to protect the crop, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. The contractor has the option to run the irrigation lines above ground from the pump house to the Greenhouses, which would extend the time for them to install the new lines.

Solicitation No.: 1240LT24R0012

Seedling crop production ends on November 14th and begins again on January 17th. During this window, crops are removed from the greenhouses, relieving the need to water, ventilate, and heat. The removal of the crop also allows for equipment access to the greenhouse overhead spaces, including trusses, electrical conduit, ridge vents, polycarbonate panels, etc. Alternatively, limited amounts of floor space may be opened up during crop production in close coordination with the Nursery by moving center tables to another greenhouse. Work will be limited under this approach to one greenhouse at a time. Moving a row of tables out of a single greenhouse takes several staff ~2-4 hours. The nursery can support moving a row in each greenhouse once to facilitate overhead access, though the contractor may find that this access is insufficient to accomplish all overhead work described. Watering will still occur in every house and equipment will need to be moved out every day to allow the irrigation of the crop. The irrigation boom runs the length of the house.

Work affecting operations of the greenhouses or within the footprint of the planted crop must occur during this schedule window, or alternatively outages to watering, ventilation, heating, or any other function which endangers the crop must be well planned and short enough to not cause damage or risk of loss. Watering outages of up to 24 hours may occur with pre-planning.

For work at the freezer and its structure, the freezer may be taken out of service from May 1st to November 1st.

Ridge, vent, and polycarbonate work must be limited to fair weather with low wind, and not more than one greenhouse worth of work (of 4) may be opened up at any given time. Ridge vents are susceptible to wind damage during repair work if left open, inoperable during impending wind, or improperly supported during repairs. Opening of vents during colder winter periods will lead to unacceptable heat loss from the greenhouses. The contractor shall plan work so that the structure is closed again by the end of the day. The best time to complete the Ridge vent work is from November 14th to January 17th, as the green house will be empty and equipment can run inside the house with no obstructions. Extiror polycarbonate can be replaced at any time there is good weather.

Work on the sewer system headhouse shall not impact headhouse operations between March 15th - April 30th and October 15th – November 20th due to heavy use of the headhouse during that time. The headhouse, including the headhouse floor slab but not including the bathrooms themselves, must be in full operation and complete during these times.

C-5 General Requirements At all times when work is being performed on-site for this contract, the prime contractor shall superintend the work with a competent superintendent to assure neatness, quality, and safety of the work. Submit the name of your superintendent in writing to the COR prior to commencing work. The Superintendent must be acceptable to the Contracting Officer.

The contractor shall visit the job site to thoroughly familiarize himself with all the details of this work and working conditions. The contractor shall also verify all dimensions and conditions in the field and shall advise the CO and COR of any discrepancy before bidding the work.

All OSHA safety regulations, including OSHA 1926 and OSHA 1910, shall be observed during the performance of work on this contract. The contractor shall provide signage and/or barricades as necessary to maintain a safe work site. It is the responsibility of the prime contractor to assure a safe work site, use of PPE, and control of sub-contractors. Where confined spaces occur, including the freezer attic space, provide a confined space entry plan/permit prior to work.

The pre-construction conference noted at 01 3100 1.5.A will occur on-site, virtually, or hybrid at the choosing of the Contracting Officer.

For any temporary electrical service connections made, submit a sketch or sheet for review prior to work. All work shall be completed by a licensed electrician.

C-6 Existing Utilities The contractor is responsible for both public (811) and private locates for all utilities noted anywhere in this contract within the extent of construction or work. The contractor is responsible to assure locates are ordered, planned, and completed in a timely manner so as not to impede work. Note, there are many utility crossings and parallel runs associated with the irrigation waterline work in this contract.

For private locates, include toning, tracing, and detecting. If a utility described in this project in not locatable using the above method, located via potholing prior to proceeding.

All work around electrical lines shall comply with NEC 70E.

The telephone twisted pair bundle on site is no longer supported by the local telecom utility and is considered FS / privately owned. Any damage to the telephone infrastructure shall be promptly repaired by the contractor.

C-7 Submittals & Project Management Software Submittal Exchange software noted in 01 3300 of the original contract specifications will NOT be used on this contract. Instead the contractor may provide submittals via email to the US Forest Service and is NOT required to use a submittal website/program. Please note that all submittals must be emailed to the US Forest Service (scanned files, photos, etc.) and paper submittals handed to the US Forest Service or mailed to the US Forest Service will not be accepted.

C-8 Project Record Documents In addition to the redline documentation described in 01 7700 at 1.5:

- Redlines shall be on a half set.

- Redlines shall be scanned digitally at 300 dpi or greater at the completion of work and provided in both hard copy and digital .pdf format to the Government.

- Up to date redlines at the project site is a condition of submitting a progress payment.

C-9 Construction Schedule As noted in the supplemental specifications, provide a construction schedule and make updates monthly to coincide with a progress meeting. Use MS Project or equal and provide both hard copy and digital copies to the COR and CO.

For detailed requirements of the construction schedule, see supplemental specification section 01 3200 in J-6.

C-10 Progress Meetings Progress meetings shall be held at least every two weeks. This supersedes the direction at 01 3100 1.5.B for “at regular intervals.” If, in the opinion of the Contracting Officer, upcoming work is of significant consequence or progress on the contract requires additional coordination, hold meetings weekly.

C-11 Submittals Specification section 01 3300 sets submittal procedures. In addition to these requirements:

- The contractor shall develop and submit for approval a submittal log for all required submittals under this contract.

- The contractor shall coordinate their submittal log and procedures with their construction schedule, noting and prioritizing high priority submittals and long lead items.

- The contractor shall review and coordinate all sub-contractor submittals, submitting packages for government review which consolidate and coordinate related work.

- Mark up submittals showing compliance to the contract documents prior to submission for review.

C-12 Warranty The contractor shall provide a 1 year warranty in accordance with FAR 52.246-21.

The contractor is not responsible for warrantying the work of the previous contractor, or for establishing new warranties not already in place.

Where warranties are in place from the previous contract, for example roofing warranties, glazing warranties, etc, the contractor shall maintain or re-establish these warranties for their remaining or full term.

As part of the Best Value selection process, the Government values establishing equipment and system warranties not already in effect. The contractor’s technical proposal may include establishing warranties on systems already installed or to be repaired or completed under this contract.

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

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

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

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

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 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 330 calendar days after notice to proceed is isuued. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at TBD.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) (Alternate I) 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 $200,000 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.

452.237-74 Key Personnel (FEB 1988)

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

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

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

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

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

Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 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 (SEP 2023) 52.219-9 Small Business Subcontracting Plan (SEP 2023) 52.219-14 Limitations on Subcontracting (OCT 2022)

[Contracting Officer check as appropriate.]

Solicitation No.: 1240LT24R0012 Project Name: Bessey Nursery Construction Correction & Completion https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☐ 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.

52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) 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) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing

Method) (AUG 2018) 52.222-34 Project Labor Agreement (JAN 2024) 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) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016)

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) 52.225-13 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)

Solicitation No.: 1240LT24R0012

52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (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) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP

1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

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

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

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

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

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

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

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

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

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

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or

Solicitation No.: 1240LT24R0012 Project Name: Bessey Nursery Construction Correction & Completion http://uscode.house.gov/ commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 120 calendar days after completion of base 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 identified after contract award.

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

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

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

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

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

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

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

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.