1240LU24Q0048_Solicitation.pdf

Solicitation No: 1240LU24Q0048 Project Name: Joint Chiefs Elkhorns Eagle Riparian Fence Recon.

PART I—THE SCHEDULE

Joint Chiefs Elkhorns Eagle Riparian Fence Reconstruction

Townsend Ranger District Broadwater County, MT

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

The purpose of this project is complete removal of all the existing fence and materials and constructing new 3-wire barbed fence. The existing fence includes sections of steel/wire, jackleg/wire, and jackleg/rail. There are portions of the fence on the upper end that do not need reconstructed and will be marked accordingly. Clearing of existing vegetation is also required along the fence line.

Reconstruct fence in the existing location with the driveway on the upper end due to the open road, #405P.

Pay Item Number Description Method of

Measurement Estimated Quantity Unit Price Total Price

1 Mobilization LSQ All

Pay Item Number Description Method of

Measurement Estimated Quantity

Unit Price Total Price

A1 Removal of Existing Fence and Materials LS ALL $ $

A2.1 Fence Construction LS ALL $ $ A2.2 Wire Gates EACH 3 $ $ A2.3 Corner Braces EACH 10 $ $ A2.4 Line Braces EACH 16 $ $

A3 Contractor furnished materials LS ALL $

A4 Clearing of fence line LS ALL $ $

Total

*Unless otherwise designated, all pay items are measured as Actual Quantity (AQ). Must bid on all items.

Vender/Company Name:____________________________ E-mail:________________________

Phone #______________________________ UEI#:_________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

1.01 Intent of Contract - The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work.

Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

1.02 Description of Work – The work shall consist of the removal of the existing fence, hauling out all wood and metal components of the existing fence, clearing vegetation along fence line, and construction of a new 3-wire (barbed wire) fence.

Work covered under each Pay Item in the Schedule of Items includes:

Pay Item No. 1 – Mobilization:

The work shall consist of moving personnel, equipment, material, and incidentals to the project before beginning work at the project site. A staging location for all materials shall be agreed upon by the Forest Service before materials are moved onto NFS lands.

Pay Item No. A1 and A2 –Removal and Reconstruction of 3-wire Fence:

The work shall consist of roll-up and removal of all fencing material on identified segments on National Forest System Lands and disposed of in a lawful manner off of NFS lands. Reconstruction of a 3-wire barbed wire fence with steel posts, corner braces (metal), line braces (metal), and metal line posts or deadmans on hilltops, dips and swales. Fence must be wildlife friendly with the top wire no higher than 40 inches and the bottom wire no lower than 19 inches. It is estimated that three 16 foot gates are necessary. Gate locations shall be approved by the Forest Service. The contractor is required to complete the entire length of fence from the flagged starting point to the flagged ending point. Frequent and open communication is vital to the success of this project.

Forest Service estimates:

• Estimated length of fence is 14,800 Feet

• 10 corner braces

• 16 line braces (includes braces for and gates)

• 3 barbed wire gates (16’ length)

The work shall consist of removing in its entirety the fence below the junction of roads #405M and 405P and partial replacement of the fence above the road because some is new construction. Locations shall be accurately shown on maps and marked in the field. Fence shall be reconstructed in the existing location or as flagged on the ground for the re-route(s). Segments of fence along the road is accessible with equipment, however, the section across the creek along the hillside is not. The contractor is responsible for supplying all the necessary materials in a manner that will not cause damage to natural resources, i.e.

soils damage or damage to the creek banks. The contractor shall maintain open communication with the Forest Service as to how they plan to move materials throughout the life of the contract.

These are estimates and the actual amounts will vary according to actual field conditions.

Additional braces and gates shall be negotiated as a change order with the CO and Contracting Officer Representative and the Contracting Officer. If additional gates or braces are needed, the CO and field inspector must be notified ahead of time.

See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A3 – Contractor Furnished Materials:

Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service.

Stockpile locations can be agreed to by the Forest Service before arrival of materials.

Approved materials can be found under, Section C2-Products.

Pay Item No. A4 - Fence Line Clearing:

The clearing work shall consist of the clearing brush, and downfall 5 feet on either side of the fence (5 foot total width). Logs and slash shall be scattered outside the clearing limits. (Section C3 (3.03)).

PROJECT LOCATION

The project is located on the Townsend Ranger District, Helena-Lewis & Clark National Forest, in Broadwater County, Montana. WF JC Eagle Riparian Fence Replacement project area is approximately 26 miles southwest of Townsend, Montana in the Elkhorn Mountains. General elevation in the project area varies from is approximately 5,500 feet to 6,800. The elevation of the fence fluctuation is approximately 1000 feet in areas. The topography of this fence varies from extremely steep and rocky to fairly level but rocky. Access by equipment is moderate but not guaranteed. The landscape ranges from sagebrush and juniper in the grass/shrubland with scattered Douglas fir to Douglas fir timbered on the east side of the fence. Several sections of the fence were impacted by a prescribed fire.

MAGNITUDE OF CONSTRUCTION PROJECT

The Magnitude of Construction between $100,000 - $250,000

Pre-Bid Tour. A pre-bid tour will not be held. Contact Tracy Schilling, Townsend Ranger District, at 406-439-6219 for directions to inspect the site on your own.

C.2 TECHNICAL SPECIFICATIONS

Contractor-Furnished Materials. Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Approved materials can be found under, Section C3-Products.

Work Schedule. The Contractor shall supply a work schedule before starting the project. The Contractor shall notify to Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

Off-road permits. Portions of the project area are inaccessible to highway vehicles but may be accessible via off-highway vehicles. The Contractor is encouraged to review site conditions prior to submitting bids.

Upon request, the Contractor will be issued an off-road permit for use of ATVs and other off-highway motor vehicles for the purposes of completing work required under this contract.

Contact Tracy Schilling at the Townsend Ranger District (406) 439-6219 for additional information.

Camping – Camping will be permitted in the contract area during the contract performance period with written permission from the Contracting Officer and District Ranger.

Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal. The Contractor shall always keep the area in a clean, neat, and orderly condition. Construction related debris, camp refuse, etc. resulting from the Contractor’s operations shall be removed promptly from the site and disposed of in a lawful manner. The Contractor shall pay for fees for the use of landfills or transfer stations if there is a charge.

Security and Protection - The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection.

C.3 PRODUCTS

Posts

A. Steel Line Posts - Standard T post, minimum 1.33 lb/ft. with a steel anchorplate, minimum 5 1/2 foot length, and white tops.

B. 2-3” Drill stem for posts and braces will be used C. Horizontal or Bracing Post – 2 7/8" Steel pipe bolted on the posts OR 2”-3” drill stem either welded or clamped on the drill stem posts.

D. Gate Sticks - Pressure treated (.40 CCA) wood rail or post with a maximum size of 4" diameter will be used.

E. Gate Stays - Pressure treated (.40 CCA) wood rail or post with a maximum size of 3" diameter will be used.

F. Nails or Construction Screws- 5 inch minimum length unless otherwise approved.

Wire

A. Barbed Wire - 12.5 gauge, strength, 90,000 to 105,000 PSI.

B. Twisted Smooth Wire – 12.5 gauge (for bottom wire, brace wire, deadmans, and gate loops).

C. Staples – Barbed, galvanized 1.5 - 2 inch length.

D. Clips – standard steel clips manufactured for attaching barbed wire to steel posts E. Twist Stick– 5/8” rebar or fiberglass; 24” in legnth (twist stick)

Gate Closure – Gate closures shall be heavy duty and fit 2 7/8” pipe posts or be welded on.

C.4 EXECUTION

Delivery and Storage - Deliver, store, and handle material and other manufactured items so that they will not be damaged or deformed.

Underground Utilities – The Contractor is responsible for the location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractor’s expense.

The Contractor shall contact Montana One Call prior to any ground disturbance.

Fence Line Clearing – The clearing for Pay Item A3 ranges from live sagebrush, juniper, and some Douglas fir. Five (5) feet on one side of the fence shall be cleared of trees and downfall.

• All conifers less than 9-inch diameter breast height (dbh) within the clearing limits shall be felled. All dead trees less than 12-inch dbh should be removed within the clearing limits. Logs shall be cut into lengths less than 8-feet, delimbing not required. Logs and slash shall be scattered outside the clearing limits.

• No live trees larger than 9-inch dbh are required to be cleared.

• Removal of already downed brush and down logs is not required, unless it will be in contact with the bottom wire, then it must be removed from the clearing limits and scattered.

Installation:

A. Staking – The fence alignments will go where old fence was removed except where the fence has been relocated by the Forest Service. This will be staked or flagged for proximity reference. The Contractor shall survey the fence line as necessary to ensure the fence is installed in a straight line between posts and braces. The final fence alignment shall be within 10 feet of the Forest Service’s staked or flagged alignment or removed fence line. Contractor is responsible for maintaining all fence alignment stakes or flags throughout the life of the contract.

All staking and/or flagging shall be removed and disposed of by the Contractor prior to final acceptance.

B. Alignment – The fence shall be constructed in straight line segments from brace to brace.

All turns will require a corner brace installed with the angle of the brace in line with the fence direction.

C. Line Braces - Line braces shall be placed a minimum of every quarter mile of stretch and where needed along draw crossings or hill points. Line braces shall consist of two brace posts and one horizontal 2”-3” drill stem welded or bolted. Brace posts shall be installed a minimum of 36 inches in the ground and tamped in layers around the post until firm. Smooth wire brace will be double wire twisted tight. The twist sticks shall be secured in place. (See Exhibit A)

Exhibit A (Line Brace)

D. Gates - Gates will be 14 to 16 feet wide with three wooden stays at 1/4 width. Gate sticks will have a minimum diameter of 4 inches. Twisted smooth wire will be used for all bales on brace posts. The length of the gates and location will be determined by the COR. A gate closure shall be installed on one side of each gate. (see exhibit B)

Exhibit B (Gate)

E. Gate Braces - Construct gate braces as described for Line Braces above. (see exhibit A) F. Corner Braces - Corner braces shall be placed in all turns in fence, constructed as described above for Line braces and as shown on the drawings. (See exhibit C)

Exhibit C (Corner Brace)

G. Line posts - Spacing for line posts shall be as shown on the drawings. Steel posts shall be driven so the anchor plate is not above ground. Metal line posts shall be placed at low and high points along the fence and on each side of deadman. Metal line posts shall be embedded a minimum of 36 inches in the ground. (see exhibit D)

H. Wire Spacing – As shown on the drawings. In no case shall top wire exceed 40 inches above ground and the bottom wire be less than 19 inches from the ground. (See exhibit D) Exhibit D (Line and Wire Spacing)

Brace post driven to a minimum of 48”.

Diagonal brace rails secured with brace hardware at a maximum of 75% of the heigh of the brace post. Backing posts of a minimum of 4 to 6’ are driven to slightly above ground level, with brace rail secured via other brace hardware.

I. Deadman – A deadman shall be used for crossing small draws or ravines. A large rock buried 24 inches deep, or other methods approved by the Forest Service shall be used where needed. The method used shall hold fence wires down and in place without any upward movement. (see exhibit E)

Exhibit E (Deadman)

C.5 MEASUREMENT AND PAYMENT

Scope of Payment. Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the bid schedule.

A. Direct payment. Payment is provided directly under a pay item shown in the bid schedule.

B. Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the Contractor. Payment for such work is indirectly included under other pay items shown in the bid schedule.

Compensation provided by the pay items included in the contract bid schedule is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature of prosecution of the work is included in the compensation provided by the contract.

Work measured and paid for under one pay item will not be paid for under any other pay item.

The quantities shown in the bid schedule are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed more than that staked, ordered, or otherwise authorized. (FFP contract, the awarded amount will be paid, as modified via an SF30).

Unit of Measurements: Payment will be by units defined and determined according to measure.

Unless otherwise specified, the meanings of the following terms are as follows:

A. Linear Foot (LF) – As applicable, measure the work along its length from end-to-end; parallel to the base or foundation; along the front face; or along the invert. Do not measure overlaps.

B. Mile – 5280 linear feet. Measure along slope line of each fence.

C. Lump Sum (LS) – Do not measure directly. The quantity is designated as “All”.

D. Each – One entire unit. The quantity is the actual number of units completed and accepted.

Methods of Measurement: One of the following Methods of Measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

A. Contract Quantities (CQ) AND Design Quantities (DQ) - These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

a) As a result of changes in the work authorized by the Contracting Officer.

b) As a result of the Contracting Officer determining that errors exist in the original design data used to determine designed quantities that cause a pay item to change by more than 15 percent.

c) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design data used to determine design quantities that cause a pay item total to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

Actual Quantities (AQ) - These quantities are determined from measurements of completed work.

Lump Sum Quantities (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured.

Mobilization. This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

The mobilization lump sum will be paid once materials and labor is on site and project has started.

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

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

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 09/02/2025. The time stated for completion shall include final cleanup of the premises.

Start Work. It is estimated that the work will have to be completed by September 2,2025 and can begin in 2024 or begin around May 20, 2025 when ground conditions allow.

Performance Period. Contract time shall be 90 calendar days.

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 30 days after the date of contract award. To schedule the meeting contact the Contracting Officers’ Representative (COR), Linsey Smith at linsey.smith@usda.gov or 406-566-4005.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) (Alternate I) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of 200,000.00 per occurrence.

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

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

452.237-74 Key Personnel (FEB 1988)

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

On site supervisor/superintendent

(b) During the first ninety (60) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 60-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

H.2 OTHER REQUIREMENTS

Contractor must follow USFS Region 1 Bear Food Storage Orders when camping and working in the national forests.

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

52.203-17 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)

52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 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) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) 52.222-3 Convict Labor (JUN 2003) 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) 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

52.222-12 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) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-17 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) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 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) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

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)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION

(DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)).

However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government

Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government

Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

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

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

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

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

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

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

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are https://www.acquisition.gov/far/part-2#FAR_2_101 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 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 https://www.acquisition.gov/far/part-25#FAR_25_105 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…