RFP 1240LT24R0019 - Amended Version.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

3. DATE ISSUED

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

9.

INFORMATION

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

EMAIL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

5. REQUISITION/PURCHASE REQUEST NO.

U.S Forest Service (USDA) CSA Intermountain 8 324 25th Street Ogden, Utah 84401-2310

40LT

U.S Forest Service (USDA)

ATTN: Elizabeth Ratcliff elizabeth.ratcliff@usda.gov

a. NAME

Elizabeth Ratcliff

b. E-MAIL:

elizabeth.ratcliff@usda.gov

1x 08/14/2024

1. SOLICITATION NO.

1240LT24R0019 38

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.)

60 calendar days and complete it within 60 calendar days after receiving

FAR 52.211-10

NSN 7540-01-155-3212

x x copies to perform the work required are due at the place specified in Item 8 by _____________ 1200 PDT ____________ (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)

09/20/2024 x

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

Project Title: South Fork Bunkhouse Well

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete this project.

Set Aside: Total Small Business Set-Aside (FAR 19.5)

Magnitude: (b) Between $25,000 and $100,000.

Location: South Fork, Colorado 81154 37°38'15.4"N 106°39'36.7"W 37.637611, -106.660194

Period of Performance: The work is anticipated to commence 60 days after receiving the Notice to Proceed (NTP) sometime in late 2024 or early to mid- 2025. The work is expected to be completed within 60 days after the work is started (Subject to change).

Site Visit: Not mandatory but encouraged. No government escort will be present.

Contractor Questions Due No Later Than: 8/23/202412:00 PM PT. Use document titled “Contractor Questions and Answers Template" to write down your questions and send it to elizabeth.ratcliff@usda.gov before 8/23/2024 12:00

PM PDT.

Request for Proposal Solicitation Close Date: 09/20/2024 12:00 PM PDT.

Instructions to Bidders: See Section L.

Evaluation/Award Factors: See Sections L&M.

X

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. E-MAIL ADDRESS/TELEPHONE NO. (Include area code)

16. POINT OF CONTACT (POC) NAME, ADDRESSS, EMAIL & TELEPHONE NO.:

CODE FACILITY CODE

TOTAL

PRICE

AMOUNT

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)

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

BY

2PAGE OF

U.S Forest Service (USDA) CSA Intermountain 8 324 25th Street Ogden, Utah 84401-2310

40LT

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

Invoice Processing Platform (IPP) All Invoices Must Be Submitted Electronically Through The Invoice Processing Platform (IPP) Website: www.ipp.gov

SAM UEID NO.: ___________________

SAM REGISTRATION EXPIRATION DATE: ____________

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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

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

G.1 CLAUSES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J - LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 PROVISIONS

L.1 PROVISIONS

M.1 PROPOSAL EVALUATION

M.2 TECHNICAL EVALUATION FACTORS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Mobilization (Base Line Item)

1 Lump Sum

0002 Well Construction and Development:

includes all construction items (Base Line Item)

150 Linear Feet

0003 Water Quality Analysis and Testing (Base Line Item)

1 Lump Sum

0004 Submersible Pump Controller Unit:

includes incidental accessories (Base Line Item)

1 Each

1001 Mobilization (Option Line Item)

1 Lump Sum

2001 Additional Well Construction Depth (Option Line Item)

50 Linear Feet

3001 New Submersible Pump: includes incidental accessories (Option Line Item)

1 Each

Base Line-Item Grand Total: ____________ Option Line-Item Grand Total: ____________

Base + Option Line-Item Grand Total: ____________

B.2 SCHEDULE NOTES

A. One award will be made from this solicitation; contractors must submit pricing for all items.

B. 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.

ElizabethRatcliff Highlight Fill out complete pricing information

ElizabethRatcliff

Fill out complete pricing information

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SOUTH FORK BUNKHOUSE WELL PROJECT

SCOPE OF WORK

The Rio Grande National Forest is seeking a Contractor to drill and develop a new potable water well, perform all necessary water quality analysis for use as a Public Water System, install an existing submersible pump and installation of a new pump control panel and all wiring and appurtenances. The Government shall provide a trench, waterlines, and power to the new well once the well has been successfully developed. The Contractor shall connect the new waterlines to the existing water lines and the new wellhead. The purpose of the main contract items is to ensure the current private water system remains supplied with potable water and that the system can continue adhere to the regulations and requirements of a Public Water System.

Optional items will include provisions for well construction and development beyond the depth estimated and a new submersible pump should the existing pump be inadequate for use in the newly constructed well.

BASE BID ITEMS

WELL CONSTRUCTION AND DEVELOPMENT:

1.1 The Contractor shall provide all materials, labor, equipment, tools, transportation, permits, licenses, supervision, expertise, and other incidentals necessary to successfully construct a new functioning potable water supply well in accordance with all the rules described in the Colorado Code of Regulations (CCR) - Colorado Division of Water Resources - Well Construction Rules 2 CCR-402-2 (NOTE: The Contractor shall adhere to all the rules described in these regulations whether mentioned specifically or not.)

1.2 The newly constructed well shall be constructed to according to 2 CCR-402-2 Rule 10 Minimum Construction Standards for Water Wells. The well shall conform to 2 CCR-402-2 Rule 10 Section 10.4.6 for Wells Constructed into a Type 2 Aquifer as stated on the Well Permit Application. It shall be of the pit less adapter Type, and the casing shall extend 18 inches above ground level. The newly constructed wellhead and casing shall be protected by a hinged steel enclosure (i.e. stick-up or monument) capable of being locked with a standard government padlock and allows for maintenance of the well and wellhead components.

1.3 The Contractor shall install and construct the well in accordance with the specifications, drawings, and applicable manufacturer’s recommendations.

1.4 The Contractor shall salvage the existing submersible pump from the existing well to be used in the newly constructed well. The Contractor shall furnish and install all necessary piping, check valves, and wiring for the existing submersible pump to function in the newly constructed well.

1.5 The newly constructed well shall have a yield of 15 gallons-per-minute and an annual yield of 3 acre- feet.

1.6 The Government has estimated the new well to be 150 feet in depth for bidding purposes.

The Bid quantity shall be in linear feet and include all necessary casing material, grouting material and wiring required to reach well development depth. The Contractor shall provide pricing per linear foot. This pricing shall also be used for Option Item 1001 Additional Well

Construction Depth, to ensure well development if additional construction beyond 15% of the specified depth is required. (FAR 52.211-18 Variation in Estimated Quantity)

1.7 The Contractor shall develop the well and install the casing and all necessary grouting in a timely manner to avoid the possibility of a borehole collapse.

1.8 The Contractor shall install all materials and appurtenances in accordance with the manufacturer's specifications and recommendations. The Contractor shall submit specifications of the well casing, capping, vent, enclosure, and grouting materials prior to the construction and development of the well.

1.9 The Contractor shall perform disinfection procedures according to 2 CCR-402-2 Rule 15 Minimum Disinfection Standards.

1.10 The Contractor shall install the well at no more than 200 feet from the location specified in the well replacement permit: 37°38'15.4"N 106°39'36.7"W. The Contractor shall coordinate with COR on the specific placement of the well within the 200-foot radius.

1.11 The Contractor shall conduct testing according to 2 CCR-402-2 Rule 12 Well Testing and submit a Well Construction and Yield Estimate Report (GWS-31) to the Colorado Division of Water Resources to verify well construction.

1.12 The Contractor shall be responsible for the remediation of any failed wells that do not meet the requirements described in the specifications of this contract.

1.13 The Contractor shall utilize the Government supplied water lines and power conduit to complete the connections between the newly constructed well and the existing water supply pressure tank water lines. The Contractor shall furnish and install the necessary additional power conduit, water lines, and equipment to complete this task.

WATER QUALITY ANALYSIS AND TESTING:

2.1 The Contractor shall perform National Primary and Secondary Contaminants and laboratory analysis of water quality per EPA, Safe Drinking Water Act, and the Colorado Code of Regulations – 5 CCR 1002-11 Colorado Primary Drinking Water Regulations.

2.2 The Contractor shall perform all the necessary tests and documentation to bring the newly constructed well into compliance consistent with a Public Water System (PWS) (but shall remain classified as a private water system) as outlined in the Colorado Code of Regulations.

2.3 The Contractor shall submit the results of the water quality analysis tests to the Government and all applicable Colorado State Water Authorities in a timely manner once results are received.

SUBMERSIBLE PUMP CONTROLLER UNIT AND WIRING:

3.1 The Contractor shall provide all materials and expertise to install a new submersible pump control panel in the ancillary bunkhouse building containing the current water pressure supply tank and all necessary wiring, conduit, switches, grounding, and trenching to function properly.

3.2 The Contractor shall submit the pump control panel model, manufacturer’s specifications, documentation, and manuals prior to the installation of the pump control panel.

3.3 The Contractor shall ensure compatibility with the existing submersible pump and a new submersible pump model of equivalent specifications.

OPTION BID ITEMS

The Government shall not guarantee the award of these optional bid items.

ADDITIONAL WELL CONSTRUCTION DEPTH:

1.1 If the Contractor cannot develop or construct a well with a viable water source at or near the specified 150 feet in depth, The Contractor shall bid per-foot depth beyond the 150 feet until a viable water source suitable for development is reached, not to exceed 200 feet total well depth.

1.2 The Contractor shall be responsible for the remediation of the well if a viable water source cannot be located for development up to the 200 feet.

NEW SUBMERSIBLE PUMP:

2.1 The Contractor shall furnish and install a submersible pump and all associated pump wiring, fittings, conduit, and control panel to transmit water from the new well source to the water supply pressure tank.

2.2 Pump appurtenances, wiring, conduit, and their quantities shall be considered incidental to this bid item.

2.3 The Contractor shall field verify quantities of wiring, conduit, and quantities of materials prior to installation of the pump and related appurtenances.

2.4 The submersible pump shall be capable of producing the maximum flow rate of 15 gallons per minute.

2.5 The Contractor shall submit the proposed pump model, manufacturer’s specifications, documentation, and manuals prior to the installation of the pump.

PROJECT LOCATION

South Fork, Colorado 81154 37°38'15.4"N 106°39'36.7"W 37.637611, -106.660194

MAGNITUDE OF CONSTRUCTION PROJECT

Less than $35,000.00

PERIOD OF PERFORMANCE

The work is anticipated to commence 60 days after receiving the Notice to Proceed (NTP) sometime in late 2024 or early to mid- 2025. The work is expected to be completed within 60 days after the work is started (Subject to change).

CONTRACT TIME

Base Bid: 60 Calendar Days

SITE VISIT

Bidders are encouraged to conduct a site visit prior to bidding to verify quantities and conditions.

Quantities provided in the Statement of Work are estimates and contractor shall be responsible for full scope of work regardless of actual quantities. Area is accessible without prior coordination.

GOVERNMENT FURNISHED

The Government shall supply a trench containing water distribution lines and power lines and conduit from the newly constructed well to the tie-in-point for the existing water supply pressure tank lines. The Contractor shall complete the connection of the water lines and power lines.

The Government shall complete the abandonment of the existing well according to Colorado Division of Water Resources 2 CCR 402-2 Rule 16 – Standards for Plugging, Sealing, and Abandoning Wells and Boreholes and complete the Well Abandonment Report and submit to the Colorado Division of Water Resources.

DELIVERABLES/SCHEDULE

KEY DELIVERABLES

Item No. Deliverable / Item Title Description Delivery

Format Due By

1 Project Schedule/Timeline Timeline describing the approximate timeline of each task (mobilization, well construction, well development, water testing, e.g.)

Via email to

COR

10 days Before start of project and mobilization.

2 Well Construction – Well Construction Material List

Manufacturer’s model numbers, specifications, and/or manuals for the proposed materials to construct a pit less adapted well including but not limited to:

• Casing Material

• Grouting Material

• Cap Component Types

• Cap Vent Component

Types

• Pit less Adapter

Components

• Conduit Type

• Wiring Type

• Check Valve Types

• Protective enclosure

Via email to

COR

Due 15 days before Project Start and Mobilization

3 Submersible Pump Controller Unit Documentation (includes wiring and conduit).

Manufacturer’s Warranty

Model number, specifications, and manual for the submersible pump controller unit and all related wiring and conduit.

Manufacturer’s standard warranty. Manufacturer’s Warranty

Via Email to

COR

Due 10 days before Project Start and Mobilization

4 Well Construction Yield Estimate Report

GWS-44 Yield Estimate Report Copied to the COR Via email (or hardcopy)

Due within 5 days of being sent to the Colorado Division of

5 Water Quality Analysis Report

Report detailing the results of the water quality testing as required by the Colorado Code of Regulations and Safe Drinking Water Act

Via Email to the COR

Due within 5 days of being sent to the Colorado Department of Public Health

6 New Submersible Pump Documentation and Material List (Optional line item)

Manufacturer’s model number, specifications, and manual for the proposed submersible pump. The pump shall provide the necessary 15 gallons-per-minute yield.

Via Email to the COR

Due 15 days before project start and mobilization and after option item award

TRAVEL

The project location is located within the town of South Fork, Colorado.

CONTRACTORS KEY PERSONEL

Foreman(s) – Contractor shall provide a foreman or foremen with all the necessary expertise to oversee and complete the project

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

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

Solicitation No: 1240LT24R0019 Project Name: South Fork Bunkhouse Well

SECTION D - PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 60 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 no later than 60 days after NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 15-30 days after the date of contract award. The conference will be held virtually on Microsoft Teams.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

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

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

(End of clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first thirty (30) 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 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 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 5 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES

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

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

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

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

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

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

Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV

2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

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

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec

2023) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-28 Post Award Small Business Program Representation (FEB 2024) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (JUN 2000) FAR 52.226-7 Drug-Free Workplace (MAY 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB

2024) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR

2012) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.236-70 Additive or Deductive Items (FEB 1988) AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

FAR 52.204-27 Prohibition on a Byte Dance Covered Application (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by Byte Dance Limited, or an entity owned by Byte Dance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub.

L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR 52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 business days after Notice to Proceed (NTP).

(End of clause)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

https://www.acquisition.gov/far/part-2#FAR_2_101

"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. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or https://www.acquisition.gov/far/part-25#FAR_25_105

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

Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

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

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

"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.

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

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

SECTION J - LIST OF ATTACHMENTS

J.1 ATTACHMENTS

J.1 Statement of Work (SOW) J.2 Drawings J.3 Wage Determination J.4 Contractor Questions & Answers Template J.5 Contractor Experience Questionnaire Form GWS - 44 - Rio Grande National Forest - Copy of New Water Well Permit Application Form GWS - 44 - Rio Grande National Forest - Copy of Original Water Well Permit Application Colorado Code of Regulations – Well Construction Rules 2 CCR-402-2 Colorado Code of Regulations – 5 CCR 1002-11 Colorado Primary Drinking Water Regulations Site Map – Showing Location of Well Permit Location Site Map #2 - Showing approximate location of water distribution lines

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

FAR 52.204-8 Annual Representations and Certifications (MAY 2024)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $45.0 Million

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

(i) Is set…