RFP 1240LT24R0052.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO.

PAGE OF PAGES

7. ISSUED BY CODE

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."

E-MAIL::

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

5. REQUISITION/PURCHASE REQUEST NO.

U.S Forest Service (USDA) CSA Intermountain 8 324 25Tth St Ogden, UT 84401-2310

40LT 8. ADDRESS OFFER TO

U.S. Forest Service (USDA) Attn: Elizabeth Ratcliff elizabeth.ratcliff@usda.gov

a. NAME

Elizabeth Ratcliff

b. E-MAIL:

elizabeth.ratcliff@usda.gov

1x 08/15/2024

1. SOLICITATION NO.

1240LT24R0052 44

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

Project Title: Baker Draw Designated Shooting Area Shade Structure Installation

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: Less than $50,000

Location: County Road 96, Ault, Colorado 80610 (40.68348492181887, -104.46646484844645)

Period of Performance:60 Days After Notice to Proceed (NTP). Complete work no later than September 1st, 2025.

Site Visit: No government escort. Offerors are urged and expected to inspect the site where the work will be performed.

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

Request for Proposal Solicitation Close Date: 9/2/2024 12:00 PM MDT

Instructions to Bidders: See Section L.

Evaluation/Award Factors: See Sections L&M.

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. A bid bond

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

FAR 52.211-10

09/02/2024

NSN 7540-01-155-3212

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) x x

MDT

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 NAME, E-MAIL, AND TELEPHONE NO.

CODE FACILITY CODE

TOTAL

AMOUNT

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

OFFER (Must be fully completed by offeror)

19. ACKNOWLEDGEMENT OF AMENDMENTS (if any) (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 WEBSITE 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

2PAGE OF

U.S Forest Service (USDA) CSA Intermountain 8 324 25Tth St Ogden, UT 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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ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT24R0052

0001 1 LS

0002 1 LS

Mobilization

Shade Structure Installation (Contractor Furnished)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Grand Total: $ _____________

FILL OUT COMPLETE PRICING INFORMATION BELOW

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FILL OUT COMPLETE PRICING INFORMATION

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Description Qty Unit of Issue

0001 Mobilization - 151(01) 1 LS

Shade Structure Installation (Contractor Furnished) - 601(01)

1 LS

B.2 SCHEDULE NOTES

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

B. All bond costs shall be included in mobilization costs. The amount of the bid bond shall be 20% of the bid price.

B.3 DESIGNATED MEATHOD OF MEASUREMENT

LS: Lump Sum

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

BAKER DRAW DESIGNATED SHOOTING AREA SHADE STRUCTURE INSTALLATION

BACKGROUND

Baker Draw Shooting Area is a popular recreational shooting area on the Pawnee Ranger District (PNG) of the Arapaho & Roosevelt National Forests and Pawnee National Grassland.

This shooting area consists of a 100-yard, 50-yard, and 25-yard shooting area. This contract is intended to construct a Shade Structure above the firing line of the 25-yard shooting area, as according to the contract Drawings, Specifications, and International Building Code (IBC).

SCOPE OF WORK

The proposed project’s goal is to construct a Shade Structure at the Baker Draw Shooting Area in Ault, Colorado. The installation must be above the firing line of the 25-yard shooting area, as according to the contract Drawings and Specifications, and International Building Code (IBC).

The shade structure shall be installed above the existing 25-yard firing line, which consists of a concrete slab with shooting benches. All shade structure components must match the existing site shade structures’ materials and colors.

This project includes the excavation of project area, installation of shade structure, and backfilling the work area. See ‘Definition of Pay Items’ on Page 09 for further details. All work must be in accordance with Drawings, Specifications, Forest Service Supplemental Specifications, FP-14, and the International Building Code (IBC).

PERIOD OF PERFORMANCE

60 Days After Notice to Proceed (NTP). Complete work no later than September 1st, 2025. No work shall happen on weekends or Federally recognized Holidays.

PLACE OF PERFORMANCE

This Baker Draw Shooting Area is located on the Pawnee National Grasslands at the northeast corner of the intersection of Weld County Road 63 and Weld County Road 96, approximately 40 miles northeast of Fort Collins, CO. To reach the shooting area from Fort Collins, travel east on CO HWY 14 for approximately 35 miles. Turn north onto Weld County Road 61 and travel three miles before turning east on Weld County Road 96. Follow Weld County Road 96 for one mile to its intersection with Weld County Road 63. Baker Draw Shooting Area Address:

Co Rd 96, Ault, CO 80610 (40.68348492181887, -104.46646484844645).

PROJECT SITE REQUIREMENTS:

1. Utility Locates:

The Contractor shall call for utility locates prior to any ground disturbance.

2. Safety and Security:

The Contractor is responsible for the safety and security of the work site and personnel. The

Forest Service will not be held liable for any damage to contractor equipment, supplies, materials, labor, or work.

3. Public Access and Safety:

The recreation site will remain open to the public during construction. The Contractor shall install and maintain suitable barriers to ensure the protection of the public, employees, and facilities. All signs must meet MUTCD standards.

4. Traffic Control:

The Contractor may temporarily close or block off traffic, with prior approval from the Contracting Officer, to ensure public safety.

5. Debris and Trash Disposal:

The Contractor is responsible for the proper disposal of all debris and trash generated during construction. All waste materials must be disposed of at designated dumping facilities, and under no circumstances shall debris or trash be dumped outside of these designated facilities.

INSPECTION AND ACCEPTANCE

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4(a) contained herein. The contractor is responsible for adhering to the contract specifications and for quality control.

CONTRACT ADMINISTRATION

Invoices - The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein. Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

Payment for services rendered shall be made within 30 days following receipt of an invoice for the work. The contractor shall submit invoices on a monthly basis and at the end of the month.

If at any time the Contractor does not perform the services per the contract in a timely manner the Contracting Officer reserves the right to contract for the work with another party and will adjust payment accordingly.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

CONTRACT ADMINISTRATION

I. Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

II. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

III. Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

IV. Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

V. Designation of Contracting Officer’s Representative (COR): Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

VI. Designation of Authorized Representative of the Contractor: The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

VII. Contract Release: The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

TECHNICAL/CONTRACTOR REQUIREMENTS

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

The Contractor shall furnish all management, labor, equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the specification and provisions of the contract. Staking and surveying for this shade structure installation is the responsibility of the contractor and will require CO/COR approval of staking before starting work.

The project includes excavation of the work area, installation of all shade structure components, and site restoration. See ‘Definition of Pay Items’ on Page 08 for further details. All work must be in accordance with provided DRAWINGS, Specifications, Forest Service Supplemental Specifications, FP-14, and the International Building Code (IBC). All Contractors shall visit the project sites and acquaint themselves with current conditions prior to submitting a bid for these services.

The contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for all damages to persons or property, which occur as a result of the Contractor’s performance or negligence.

SUBMITTALS

The Contractor is responsible for the following submittals.

Deliverable Information Included Submission Timeline Schedule Submittal A schedule outlining the proposed construction timeline from mobilization to demobilization

Before construction begins and as needed

Staging Area Submittal Outline a proposed stage area to submit to the COR and CO

Before construction begins

Traffic Control Plan Submittal

Submit a traffic control plan of the construction area

Before construction begins

Shade Structure Submittal Submit material specs and/or details, in compliance with drawings, to the COR and

CO.

Before construction begins

Concrete Mix Design Submittal

Submit a concrete mix in accordance with Drawings, Specifications and FP-14 guidelines, to COR and CO.

Before Ordering

Footing Concrete Test Results Submittal

Submit concrete test results in accordance with Drawings, Specifications and FP-14 guidelines, to COR and CO.

Before Ordering

Rebar Shop Drawings Submit rebar shop drawings in accordance with Drawings, Specifications and FP-14 guidelines, to COR and CO.

Before Ordering

As-Built Drawings Submittal Provide COR and CO with final As-Built Drawings.

Before Contract Close-Out

DEFINITION OF PAY ITEMS

1. Pay Item 151(01) Mobilization covers movement of personnel, equipment, supplies, and incidentals to or from the project area and to locations within the project area. Requirements and provisions shall follow Section 151 in the FP- 14 specifications.

a. General mobilization will be negotiated and paid for on a per task order basis. The base of operations location shall be used for mobilization distance determination.

b. Mobilization shall be paid one time per job. Mobilization will not be paid for the return trip to the base of operations, or for re-mobilization to the same project (e.g.

equipment taken back to the base of operations for the weekend), unless agreed in advance by the Contracting Officer.

c. Mobilization covers the movement of personnel, equipment, fuel, support vehicles, supplies, and incidentals to the project area and additional movements within the project area. Mobilization also covers project management costs, such as bonding and insurance. Requirements and provisions shall follow Section 151 in the FP-14 specifications.

2. Pay Item 601(01) consists of the furnishing and installation of a shade structure above the firing line of the 25-yard shooting area. Work shall include all equipment, labor, and materials necessary to complete this project from start to finish. The contractor will be responsible for the purchasing of all necessary hardware required to construct the shade structure. Required hardware is shown on the plans. All shade structure components must match the existing site shade structures’ materials and colors.

3. Prepare sub-grade and install concrete footers as specified. Construct and install the shade structure in the location as staked by the Forest Service. All work must be in accordance with provided DRAWINGS, Specifications, Forest Service Supplemental Specifications, FP-14, and the International Building Code (IBC).

GENERAL DIMENSIONS AND MATERIALS

1. The roof dripline of the shade structure shall have dimensions of approximately 12 ft. x 90 ft. that may vary slightly provided that the firing line is covered. Columns shall be placed at 18 ft. increments or another spacing that does not block shooting benches.

Drawings show placement of footers should columns be spaced 18 ft. on center.

Additional footers can be placed if this is deemed to be necessary or desirable, however columns may not block shooting lanes. Refer to attached DRAWINGS for more details.

2. Shade structure roof shall be a weathering, Corten type steel. This will provide a rustic look that is well aligned with natural colors in the area as well as existing architecture located elsewhere on the Pawnee National Grasslands.

3. All shade structure components must match the existing site shade structures’ materials and colors.

4. Columns and other structural members shall be wood of a rot resistant species such as cedar or an approved equal.

5. Connections shall be black powder-coated steel such as Simpson Strong-Tie Architectural Product Group or approved equal.

6. At the time of installation, wood shall be stained with Olympic Semi-transparent Oxford Brown 713 or approved equal. Stain is to be purchased so as to be applied at a rate of 1 gallon per 250 sq. ft. of wood. Final quantity purchased will depend on square footage of wood contained in the shade structure.

7. Columns shall be placed in such a manner as to ensure that saw cuts to the existing concrete firing line are only necessary to install half of the footers.

ENGINEERING AND FABRICATION

1. Structural elements of the shade structure such as beams, columns, roof panels, connections, and footers shall be engineered to withstand dead, wind and snow loads by the structure manufacturer.

a. Structure shall be designed to resist ground snow load of 20 lb/sq. ft. or greater.

b. Structure shall be designed to resist a 3 second wind gust of 90 miles per hour or greater, exposure category C.

2. Shade Structure Placement

a. Contractor is to construct the shade structure over the firing line of the 25-yard gallery.

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/SPECS (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) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (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 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.

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 15-30 days after the date of contract award. The conference will be held virtually on Microsoft Teams.

G.2 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

https://www.ipp.gov/index.htm Register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. These items must be uploaded as Attachments, and itemized invoices must include:

• Name and address of the Contractor (include phone number, mailing address, person to notify if there are issues with the invoice).

• Invoice date and invoice number;

• Contract number;

• Taxpayer Identification number;

• Description, unit, and price of items being invoiced, Date of services or completion;

• Shipping and Payment Terms

Certified payrolls for Construction: Contractor and all subcontractors. Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice. Final payrolls shall be marked “Final”. Contractor Notification & Release of Claims (FS-6300-16) for Final Payment. A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment with the Final Payment.

https://www.ipp.gov/index.htm

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) 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:

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.

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.

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.

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: Project Foreman.

(b) During the first ninety (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

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) 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-12 Unique Entity Identified Maintenance (OCT 2016) 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 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

52.211-13 Time Extensions (SEP 2000) 52.214-3 Amendments to Invitations for Bids (DEC 2016) 52.214-4 False Statements in Bids (APR 1984) 52.214-5 Submission of Bids (DEC 2016) 52.214-6 Explanation to Prospective Bidders (APR 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999) 52.214-12 Preparation of Bids (APR 1984) 52.214-15 Period for Acceptance of Bids (APR 1984) 52.214-16 Minimum Bid Acceptance Period (APR 1984) 52.214-18 Preparation of Bids – Construction (APR 1984) 52.214-21 Descriptive Literature (APR 2002) 52.214-34 Submission of Offers in the English Language (APR 1991) 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 52.215-1 Instruction to Offerors – Competitive Acquisition (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.215-19 Notification of Ownership Changes (OCT 1997) 52.216-4 Economic Price Adjustment-Labor and Material (JAN 2017) 52.216-7 Allowable Cost and Payment (AUG 2018) 52.216-8 Fixed Fee – Construction (JUN 2011) 52.216-23 Execution and Commencement of Work (APR 1984) 52.217-3 Evaluation Exclusive of Options (Apr 1984) 52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUN 1988) 52.217-5 Evaluation of Options (JUL 1990) 52.217-6 Option for Increased Quantity (MAR 1989) 52.219-1 Small Business Program Representations (Feb 2024) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (SEP 2023) 52.219-14 Limitations on Subcontracting (OCT 2022)

☒ 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.

52.222-3 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) 52.222-35 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) 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) 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) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (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)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

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) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements) (APR 2012) 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) 452.236-70 Additive or Deductive Items (FEB 1988) 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)

52.204-27 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)

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 45 days.

(End of Clause)

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);

https://www.acquisition.gov/far/part-2#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. The list of critical components is at FAR 25.105.

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

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components https://www.acquisition.gov/far/part-25#FAR_25_105 of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

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

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

(b) Domestic preference.

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

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

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

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

(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…