1240LT25Q0045.docx

Solicitation No: 1240LT25Q0045 Project Name: South Fork Foundation Stabilization

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1240LT25Q0045

2. TYPE OF SOLICITATION SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/29/2025

PAGE OF PAGES

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

1152440

6. PROJECT NO.

derrick.dodson@usda.gov

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

CALL:

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date) Specifications South Fork Foundation Stabilization South Fork Foundation Drawings SOW South Fork Foundation Stabilization

11. The Contractor shall begin performance within 15 calendar days and complete it within 60 calendar days after receiving

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1700 (hour) local time 08/11/2025 (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 .

b. An offer guarantee is, is not required.

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.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 8/2014) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

OFFER (Must be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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.)

AMOUNTS

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

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)

Do not Sign Here 20b. SIGNATURE

Do not Sign Here 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued...

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

X 28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 1 copies to issuing office.)

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.

29. AWARD

(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.

BRIAN J. WHARTON

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

1240LT25Q0045

PAGE OF

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. (A)

SUPPLIES/SERVICES (B)

QUANTITY (C)

UNIT (D)

UNIT PRICE (E)

AMOUNT (F)

Delivery: 15 Days After Notice to Proceed Delivery Location Code: 84A0

USDA FOREST SERVICE

UINTA-WASACTH-CACHE NATIONAL FOREST 857 WEST SOUTH JORDAN PARKWAY

SOUTH JORDAN UT 84095-8594 US

FOB: Destination Period of Performance: 08/25/2025 to 10/25/2025 CONSTRUCTION, SOUTH FORK FOUNDATION STABILIZATION

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

Sponsored by GSA FAR (48 CFR) 53.110

Table of Contents Solicitation No: 1240LT25Q0045 Project Name: South Fork Foundation Stabilization

FAC 2025-04 June 11, 2025

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

UINTA-WASATCH-CACHE NF/ PLEASANT GROVE RD PROJECT TITLE: SOUTH FORK FOUNDATION STABILIZATION WORKPLAN ACQUISITION PLAN/REQUISITION NO: 712024

Period of Performance Base Year: 08/25/2025 – 10/25/2025

TOTAL

B.2 SCHEDULE NOTES

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The South Fork quarters in American Fork Canyon is a historic building that is showing signs of rapid settlement and cracking (See pictures in structural engineering report). The purpose of this contract is to stabilize the foundation of the building using helical piers, as well as fill in the vertical cracks that are in the basement walls of the building. The intent of the helical piers is not to lift the foundation to match the state before the settlement, but they are to stabilize the building to prevent more settlement.

C.2 PROJECT LOCATION

Lat: 40°27'10.97"N, Long: 111°39'40.33"W Drive approximately 4.8 miles past the fee booth in American Fork Canyon and turn right onto S. Fork Ranger Station Road. The South Fork Dwelling is the building in the southwest corner of the compound.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Between $25,000 and $100,000.

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 52.242-14 Suspension of Work (APR 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 OTHER REQUIREMENTS

Pursuant to FAR clause FAR 52.228-5, Insurance-Work on a Government Installation paragraph (a), Contractors shall present evidence and maintain, as a minimum, the amounts of insurance coverage indicated below:

(1) 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 must 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 must be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(2) General Liability. The Contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile Liability. The Contractor must have automobile liability insurance written on a comprehensive form of policy. The policy must 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 must 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.

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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: USDA FAR Class Deviations

FAR 52.222-3

FAR 52.222-6

FAR 52.222-7

FAR 52.222-8

FAR 52.222-9

FAR 52.222-10

FAR 52.222-11

FAR 52.222-12

FAR 52.222-13

FAR 52.222-14

FAR 52.222-15

FAR 52.222-36

FAR 52.222-50

FAR 52.222-55

FAR 52.222-62

FAR 52.223-2

FAR 52.223-5

FAR 52.223-23

FAR 52.225-13

FAR 52.226-1

FAR 52.226-8

FAR 52.227-4

FAR 52.228-2

FAR 52.228-12

FAR 52.228-14

FAR 52.232-23

FAR 52.232-27

FAR 52.232-33

FAR 52.232-39

FAR 52.232-40

FAR 52.233-1

FAR 52.233-3

FAR 52.233-4

Convict Labor (JUN 2003) Construction Wage Rate Requirement (AUG 2018) Withholding of Funds (MAY 2014) Payrolls and Basic Records (JUL 2021) Apprentices and Trainees (JUL 2005) (DEVIATION FEB 2025) Compliance with Copeland Act Requirements (FEB 1988) Subcontracts (Labor Standards) (MAY 2014) Contract Termination - Debarment (MAY 2014) Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) Disputes Concerning Labor Standards (FEB 1988) Certification of Eligibility (MAY 2014) Equal Opportunity for Workers with Disabilities (JUN 2020) Combating Trafficking in Persons (NOV 2021) Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) Paid Sick Leave under Executive Order 13706 (JAN 2022) Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) Pollution Prevention and Right-to-Know Information (MAY 2024) Sustainable Products & Services (MAY 2024) (DEVIATION FEB 2025) Restrictions on Certain Foreign Purchases (FEB 2021) Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000) Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) Patent Indemnity -- Construction Contracts (DEC 2007) Additional Bond Security (OCT 1997) Prospective Subcontractor Requests for Bonds (DEC 2022) Irrevocable Letter of Credit (NOV 2014)

Assignment of Claims (MAY 2014) Prompt Payment for Construction Contracts (JAN 2017) Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) Unenforceability of Unauthorized Obligations (JUN 2013) Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) Disputes (MAY 2014) Alt 1 (DEC 1991) Protest after Award (AUG 1996) Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections Payment and Performance Bonds

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 15 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

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

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

(End of clause)

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

South Fork Foundation Drawings SOW South Fork Foundation Stabilization Specifications South Fork Foundation Stabilization Wage Determination Utah County, Utah Past Performance Questionnaire

PART IV--REPRESENTATIONS AND INSTRUCTIONS SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236210

(2) The small business size standard is $45.0

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

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) FAR 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in FAR part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) FAR 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at FAR 52.204-7, System for Award Management.

(v) FAR 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) FAR 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) FAR 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the

Government.

(xi) FAR 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) FAR 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) FAR 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).

(xiv) [Reserved]

(xv) [Reserved]

(xvi) FAR 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) FAR 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA- designated product categories; or include the clause at FAR 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) FAR 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) [Reserved]

(xx) FAR 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at FAR 52.225-1.

(xxi) FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at FAR 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) FAR 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at FAR 52.225-5.

(xxiii) FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) FAR 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] ☒ (i) FAR 52.204-17, Ownership or Control of Offeror.

☒ (ii) FAR 52.204-20, Predecessor of Offeror.

☒ (iii) FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

☒ (iv) FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

· (v) FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

· (vi) FAR 52.227-6, Royalty Information.

· (A) Basic.

· (B) Alternate I.

· (vii) FAR 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in any updates to the representations and certifications posted on SAM.

(End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (c)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (c)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

K.2 OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including:

· FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation

· FAR 52.222-25, Affirmative Action Compliance Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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

L.1 PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Provisions are located at FAR part 52 and begin with 52) Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Provisions are located at AGAR part 452 and begin with 452) Deviations to provisions may be viewed at: USDA FAR Class Deviations

FAR 52.204-7

FAR 52.204-16

FAR 52.204-22

FAR 52.222-5

FAR 52.225-10

FAR 52.236-27

System for Award Management (NOV 2024) Commercial and Government Entity Code Reporting (AUG 2020) Alternative Line-Item Proposal (JAN 2017) Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) Notice of Buy American Act Requirement—Construction Materials (MAY 2014)

Site Visit (Construction) (FEB 1995)

L.2 QUOTE PREPARATION INSTRUCTIONS:

1) Offeror must have an active entity registration at https://www.sam.gov/SAM/ in order to submit an offer.

2) All offers shall include:

a) Price Proposal

i) Signed Standard Form 1442, Solicitation/Offer/Award Construction, Alteration, Repair (blocks 14 – 20c).

ii) Section B - Schedule of Items, All blocks must be completed by the offeror. All Items must be priced. Errors in extending prices unit prices will govern.

iii) Section K - Offeror Representations and Certifications – Complete the requested information in each applicable provision in Section K (52.204-8, 52.204-24, 52.219-4). Only return the applicable provisions, not the entire solicitation.

iv) Acknowledgement of solicitation amendments (if any). This can be accomplished by completing section 19 on the SF-1442 or by submitting the signed SF-30(s) from sam.gov with your price proposal.

v) Scanned copy of fully executed Bid Guarantee for offers over $150,000 (Standard Form 24 and Power of Attorney).

b) Technical Proposal The technical proposal shall include, at a minimum, the information identified below in sufficient detail to allow for evaluation based on the criteria identified in Section M Evaluation Criteria. It is strongly suggested that offerors organize their technical proposal with individual sections that address each of the following evaluation criteria:

i) Factor 1. Past Performance: submit a list of relevant past work the contractor has performed with the past 5 years along with contact information so the government may contact prior customers to evaluate past performance. Information should include the project name, location, date, description of the work, dollar value and name/phone/email of project owner representative. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.

ii) Factor 2. Experience: Submit a short narrative providing details of the experience the firm has (either as a prime or sub-contractor) for work similar in nature and scope in geographical conditions similar to this requirement (remote location, damp climate, similar logistical challenges for transporting equipment and materials, etc.). (You can provide the experience questionnaire if you would like)

(3) Contact the Contracting Officer (or Specialist) by e-mail if you do not understand any part of these instructions. Derrick.dodson@usda.gov

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 QUOTE EVALUATION

Per FAR 13.106 quotes will be evaluated using a best value approach. The Government will evaluate quotes based on price, past performance, and experience.

M.2 TECHNICAL EVALUATION FACTORS

Factor 1. Past Performance Past performance is a measure of the degree to which the offeror (including major subcontracts) has satisfied previous customers and complied with Federal, State and Local laws and regulations. The Government may contact references to assess the quality of the contractor’s work, timely completion, project management, and compliance with regulatory requirements. The Government will consider the currency and relevance of the information, source of the information, context of the data and general trends in contractor performance. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.

Factor 2. Experience The Government will assess the specialized experience and skill of the firm with a focus on experience that is similar to the specified project.

Factor 3. Price The quoted price will be evaluated for reasonableness.

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