RFP 1240LT24R0054 - Amended Version.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

E-MAIL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

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

1240LT24R0054

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

Project Title: Durango Air Tanker Base HVAC Repairs 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: 240 Co Rd 309A, Ignacio, CO, 81303 37.163184°, -107.747169° Period of Performance: 10/7/2024 to 12/6/2024 (60 Days After NTP) Site Visit/Pre-Bid Meeting: 8/14/2024 10:00 AM to 12:00 PM MDT Contractor Questions Due No Later Than: 8/27/2024 12:00 PM MDT Use document titled "Contractor Questions and Answers Template" to write down your questions and send it to elizabeth.ratcliff@usda.gov before 8/27/2024 12:00 PM MDT.

Request for Proposal Solicitation Close Date: 9/20/2024 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:

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

FAR 52.211-10

a. Sealed offers in original and

09/20/2024

NSN 7540-01-155-3212

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

0_

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

1 12:00 PM MDT

FILL OUT ALL HIGHLIGHTED TEXT IN THIS DOCUMENT BEFORE SUBMITTING YOUR PROPOSAL.

DO NOT SPLIT THIS DOCUMENT IN ANY MANNER, AND ENSURE TO RETURN THE ENTIRE DOCUMENT AS A PART OF YOUR PROPOSAL.

NO "SNAIL MAIL" SUCH AS USPS, UPS, ETC PROPOSALS WILL BE ACCEPTED, PROPOSALS NEED TO BE EMAILED TO

ELIZABETH.RATCLIFF@USDA.GOV BEFORE THE CLOSE DATE OF 09/20/2024 12:00 PM 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 (POC) NAME, ADDRESS, EMAIL & TELEPHONE No.:

CODE FACILITY CODE

TOTAL

AMOUNTS

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

OFFER (Must be fully completed by offeror)

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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 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: ________________

0001 00002

Base Line-Item Grand Total: ____________

Option Line-Item Grand Total: ____________

Base + Option Line-Item Grand Total: ____________

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ElizabethRatcliff Highlight Return BOTH SF30 Forms attached to the announcement filled out and signed as well.

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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.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Mobilization 1 LS

0002 Office HVAC System Repairs 1 LS

1001 Warehouse Unit Heater & AC/Heating Replacement including Mobilization (Option Line Item and subject to Availability of Funds))

1 LS

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.

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FILL OUT COMPLETE PRICING INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DURANGO AIR TANKER BASE HVAC REPAIRS

SCOPE OF WORK:

This project base bid item includes replacing two high efficiency furnace units, one 4-ton condensing unit, electronic filter systems, and to propose and implement system repairs so that each room or a designated area can have a designated set temperature. The system will be modified to fit the needs of the current building users and optimized to be efficient in doing so.

This project optional bid item includes replacing two-unit heaters in the warehouse and replacing the warehouse office AC/Heating unit in kind or approved equivalent. All old warehouse units shall be left in working condition and on site for the government.

BACKGROUND:

The Durango Air Tanker Base has had issues arise with parts of a complicated HVAC system.

The two gas powered furnaces have mostly failed as well as issues have begun with one of the older condensing units. This has resulted in temperature control devices being removed or rewired, dampers not working correctly, large zonal heating and cooling differences and general maintenance intervals being missed. The operations room located on the south-east corner of the building (05 in drawings) sees excessive heat due to large windows while the Heli-tack office (16 in drawings) sees fridged cold temperature due to minimal solar exposure. Offices have minimal control of temperature and fluctuate wildly with the outside temperature. These problems need to be resolved to improve working conditions and temperature fluctuations on equipment. The warehouse has minimal issues with heating and cooling, but the units have begun to show signs of age and could be replaced

CONTRACTOR REQUIREMENTS - TECHNICAL REQUIREMENTS / TASKS:

The project requires the contractor to be responsible for supplying all labor, materials, equipment, miscellaneous items, freight, delivery, and all necessary valid licenses and permits required to complete work identified in this contract. This includes possessing a valid electrical license, and plumbing license in the state of Colorado. The contractor is responsible to comply and provide documentation with the most current of the following codes during construction:

International Building Code (IBC) International Fire Code (IFC) International Plumbing Code (IPC) International Mechanical Code (IMC) International Existing Building Code (IEBC) National Electrical Code (NEC)

The Contractor must follow all requirements set forth in the attached technical specifications (specs) and must work with CO/COR when questions arise regarding the drawings and specs.

GENERAL REQUIREMENTS:

The contractor shall field verify all dimensions and product information. The dimensions provided by the government are only approximations and they are not responsible for their precision or accuracy. This includes but is not limited to blueprints, drawings, schedules, and statements of work. All trash, waste, and construction debris generated shall be disposed of offsite. Provide a one-year warranty for all labor and work contained herein. Extended warranties and guarantees for equipment and products shall be passed along.

BASE BID LINE ITEMS – OFFICE HVAC SYSTEM REPAIRS

0001 Mobilization:

The Contractor is required to move personnel, equipment, material, and incidentals to the project before beginning work at the project site. All project staging locations on site for materials and equipment must be discussed and agreed upon.

0002 Office HVAC System Repairs

1. Remove and replace both condensing natural gas fired furnace units.

a. Units must be at a minimum equivalent to the same BTU/HR input and output and be able to provide enough heating for its designated Zones.

b. Dispose of old units offsite

2. Remove and replace older condensing unit.

a. Unit must match other existing 4 Ton Payne Model PA15NC04800GAAAA or approve equivalent.

b. Dispose of old unit offsite

3. Repair or replace any other failed system components.

4. Propose and implement system repairs so that each room or a designated area can have a designated set temperature.

a. Utilize existing duct work and motorized dampers to make changes to flow patterns or ventilation.

i. Changes can be made to ductwork if deemed necessary.

ii. Replacement of some dampers will be necessary.

b. This system must provide heating and cooling adequate to keep a consistent temperature range in each room or designated area.

i. Work with COR and Building Point of Contract to define heating and cooling zones.

c. Remove “comfort ventilator” panels to simplify system controls for building occupants.

d. Work with COR on modifications to the system to achieve the end goal of a functioning efficient low maintenance easy to operate HVAC system.

e. Test and balance the new system. Provide a TAB (Testing, Adjusting and Balancing) report to the COR.

f. Provide training and system maintenance /instruction booklet on the new equipment to maintenance personnel.

i. See Submittals for more information on System Maintenance and Instructions

OPTIONAL BID ITEM – WAREHOUSE UNIT HEATER & AC/HEATING

REPLACEMENT

1001 Warehouse Unit Heater Replacement:

1. Replace both Warehouse Reznor Unit Heaters with in-kind unit.

a. Units at a minimum must match BTH/HR output and input.

2. Replace one wall mounted AC/Heating unit in Office Space with in-kind unit.

a. Units at a minimum must match Tonnage and BTU/HR output and input.

3. Leave all three old units on site in current working condition for government.

SUBMITTALS/DELIVERABLES:

Prepare and submit Action Submittals required in the SOW in this contract, if applicable, and as indicated at the end of this subsection.

1. Collect information into a single submittal for each element of construction and type of product or equipment.

2. Mark up each submittal to show which products and options are applicable.

3. Include the following information, as applicable:

a. Manufacturer's written recommendations.

b. Manufacturer's product specifications.

c. Manufacturer's installation instructions.

d. Manufacturer's catalog cuts.

e. Wiring diagrams showing factory-installed wiring.

f. Compliance with recognized trade association standards.

g. Compliance with recognized testing agency standards

Submittal No.

Deliverable Objective Due

1 Proposed Project Plan

Defining the responsibilities, timeline, risks, and milestones of contract objectives.

No later than fifteen (15) business days after contract award

2 Contractor Licensures

Provide all necessary licensures (electrical, plumbing, and general contractor’s license) to the COR.

No later than five (5) business days after contract award.

3 Warranty Items Provide the USFS with any warranty paperwork pertinent to products installed and work completed (Craftsmanship, Furnaces, Condensers, Dampers, and any other applicable warranty)

No later than five (5) business days after final walkthrough is complete.

4 System Maintenance and Instructions

Provide a written PDF document that contains the following items:

• System specifications (including model numbers, filter types, flow rates, etc.)

• Intervals for maintenance items across the system (i.e.

filter changes, vent cleaning, recharges, etc.)

• Instructions for changing heat in each zone.

• Instructions for turn the system on and off.

No later than five (5) business days after final walkthrough is complete.

SITE INFORMATION AND EXECUTION - SITE LOCATION:

From Durango, Colorado head south on Highway 160 for 8 miles. Turn right onto CO-172 S and continue for 5.7 miles. Turn right on Airport Road and continue for .8 miles. Turn right onto County Road 309A and continue for .2 miles until you turn right into the Durango Air Tanker Base. The location is 240 Co Rd 309A, Ignacio, CO, 81303 37.163184°, -107.747169°.

MAGNITUDE:

(b) Between $25,000 and $100,000

SITE CONDITIONS:

The elevation of the site is approximately 6,500 feet above mean sea level. The construction site can experience heavy snowfall and cold temperatures in the winter.

UTILITIES:

Use of Government existing facilities will be permitted without metering and without payment of use charges, as long as facilities are cleaned and maintained in an acceptable condition. At Substantial Completion, restore these facilities to condition existing before initial use. The following are available for use by the contractor: water, electrical power services, and bathrooms. The following are not available: telephone service. The contractor is expected to provide whatever phone service is deemed necessary for the duration of the project.

STAGING AND STORAGE:

Coordinate on-site staging and storage requirements with the Center Point of Contact or the Contracting Officer Representative (COR). When government owned furniture, cabinets, or appliance must be moved they must remain indoors. Damaged to any government owed property that is not detailed in this contract will be replaced at the expense of the contractor. It is the contractor’s responsibility to have all items safely stored and locked when staff are not on site.

CONSTRUCTION WASTE AND DISPOSAL FACILITIES:

Provide waste-collection in sizes adequate to handle waste from construction operations.

Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste.

BUILDING PROTECTION:

1. Dust containment systems must be in place to eliminate excess air pollution within the buildings.

2. Access to fire protection devices must be always clear and operational during the duration of the project.

o If fire detection system is not online or projection devices cannot be reached temporary systems must be set up (i.e., extra fire extinguishers, temporary smoke/CO alarms)

3. Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.

o Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

o Facilities should be cleaned to the state that they were found in before final payment will be made.

4. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for Project:

o Clean project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.

o Remove tools, construction equipment, machinery, and surplus material from the project site.

o Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration.

PRE-BID MEETING:

The Government is planning a pre-bid conference, during which potential offerors may obtain a better understanding of the work required. Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. After the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

To facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend. The Government assumes no responsibility for any expense incurred by an offeror prior to contract award. Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

LOCATION OF PRE-BID MEETING:

Date: 8/14/2024 Time: 10:00 AM to 12:00 PM MST Location: 240 Co Rd 309A, Ignacio, CO, 81303 37.163184°, -107.747169°

WORKING SCHEDULE:

Work hours for this project are between 8:00 AM-4:30 PM Monday through Sunday.

Working outside these hours can occur only if approved by the Contracting Officer (CO) beforehand and is determined to be project critical.

SECURITY REQUIREMENTS:

1. Durango Air Tanker Base is a secure government facility located next to a FAA controlled runway and will require coordination with local personnel to gain access to the building and site.

NOTE: SEE ATTACHED STATEMENT OF WORK FOR COMPLETE

REQUIREMENTS/PHOTOS.

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: 1240LT24R0054 Project Name: Durango Air Tanker Base HVAC Repairs

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…