1240LU24Q0076 Fencing and spring development.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

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1128374

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

John Curry john.curry@usda.gov

USDA Forest Service PPS FPO Intermountain Zone CSA 9

JOHN CURRY 605-673-9216

DIS

09/11/2024

1240LU24Q0076

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

Beaverhead Deerlodge National Forests fencing and spring site development in accordance with the statement of work.

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 137 calendar days and complete it within ________________ ________________ calendar days after receiving

09/23/2024

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 . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

2PAGE OF

BLACK HILLS NATIONAL FOREST

1019 N FIFTH ST

CUSTER SD 57730-8214

67T0

LISA M. RAKICH

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

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LU24Q0076

Delivery: 10/15/2025

Delivery Location Code: 0358

USDA FOREST SERVICE

WISE RIVER RANGER DISTRICT

PO BOX 100

WISE RIVER MT 59762 US

Period of Performance: 06/01/2025 to 10/15/2025

0001 Disaster Spring Development, Meadow Creek.

Removing nonfunctional range infrastructure, constructing new spring developments and fencing off spring sources.

Product/Service Code: F018

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

0002 Habitat Improvement (RMEF Project #MT240090)

Butler Spring Development

Product/Service Code: F018

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1240LU24Q0076 Project Name: Fencing and spring site development

FAC 2024-05 May 22, 2024

Table of Contents

PART I—THE SCHEDULE

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

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

RESPONDENTS

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 QUOTE EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

Disaster Funding Spring Development, Meadow Creek &

Eagle Rock Ranch Habitat Improvement-Spring Development (RMEF #MT240090)

Wisdom Ranger District

Beaverhead-Deerlodge National Forest

Beaverhead County, Montana

Item 1: Disaster Funding Spring Development, Meadow Creek

Mobilization

Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total Price

1 Mobilization LSQ LS All

Pete Woods Spring

BASE

Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total

Spring Construction LSQ LS 1 n/a

Fence Construction AQ LF 300

Work Site Clearing AQ LF 300

Total

FAC 2024-05 May 22, 2024

Mallon Spring

Optional Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total

Fence Construction AQ LF 530

Work Site Clearing AQ LF 530

Harriett Lou Spring

Optional Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total

Fence Construction AQ LF 450

Work Site Clearing AQ LF 450

Item 2: Eagle Rock Habitat Improvement-Spring Development (RMEF Project

#MT240090)

Mobilization

BASE

Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total

6 Mobilization LSQ LS All

FAC 2024-05 May 22, 2024

Butler Spring

Pay Item Number

Description Method of Measurement

Pay Unit

Estimated Quantity

Unit Price

Total Price

7 Spring Construction LSQ LS 1 n/a

8 Fence Construction AQ LF 200

9 Work Site Clearing AQ LF 200

NOTES:

a) See SOW for details. Work Site Clearing involves removal and disposal of all previous fencing and spring development structures and clearing 10 feet either side of new fence line.

b) 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.

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

Designated Method of Measurement:

LSQ-Lump Sum Quantity

AQ – Actual Quantities – Fence line measured from GIS.

LF – Linear Foot

Prices Submitted By:

Printed Name: Email:

Business Name: SAM Unique Entity ID:

Address: Phone:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Disaster Spring Development, Meadow Creek

SECTION C – DESCRIPTION AND SPECIFICATIONS

C1 General

All sections below apply to Item 1 and Item 2 unless otherwise noted.

1.01 Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. Furnish all labor, 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 and construction of spring developments with associated spring fences. Removal of all burned and non-functioning infrastructure and clearing of brush and downfall to clear the work area for new construction is also required.

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

Mobilization:

The work shall consist of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

Spring and fence construction:

The work shall consist of constructing/redeveloping three spring developments and fencing off associated spring source. See Section C3 for installation specifications. Forest Service shall provide materials for both Items.

Worksite clearing and Nonfunctioning material removal:

The work shall consist of cleaning up and hauling out all nonfunctioning materials. This material shall be disposed of in a legal manner off public lands. The clearing work shall consist of the clearing brush and downfall 10 feet on each side of the associated work areas. Logs and slash shall be scattered outside the clearing limits (Section C3).

1.03 Project Location. The project location is on the Wisdom Ranger District, Beaverhead-

Deerlodge National Forest, in Beaverhead County, Montana.

Item 1: The Meadow Creek Spring project area is approximately 4 miles west of Wise River, Montana. General elevation in the project area varies from approximately 6,000 feet. The landscape ranges from grassland/shrubland to Douglas fir timber stands.

FAC 2024-05 May 22, 2024

Item 2: The Eagle Rock Ranch is approximately 7 miles south of Wise River, Montana, just off the Pioneer Mountains Scenic Byway. General elevation of the project area varies from approximately 6,100 feet. The landscape ranges from pasture to Douglas fir timber stands.

1.04 Price Range. Between $25,000 and $100,000

1.05 Pre-Bid Tour. A pre-bid tour will not be held. Contact Katie Bonogofsky at the Wisdom

Ranger District, Beaverhead-Deerlodge National Forest, in Wise River, Montana at (406) 925-3914 concerning project location and site conditions. Potential bidders are strongly encouraged to visit the site on their own and evaluate ground conditions.

1.06 Pre-Bid Conference. A pre-bid conference will not be held.

1.07 Start Work. It is estimated that the work can begin after 1 June 2025.

1.08 Performance Period. All work must be completed and accepted by October 15, 2025.

1.09 Government-Furnished Materials.

Item 1: Materials for spring development and fence construction will be provided (listed below) and must be picked up at the Forest Service Administration site, 65600 MT-Hwy 43 Wise River, MT 59762. Contractor must provide the Forest Service a minimum of 48 hours’ notice of when they will need to pick up materials.

Item No. Description Unit

Quantity located at Wise River Ranger District

1 10’ fiberglass water troughs Each 3 2 Customized head box for water collection and fittings Each 3

3 Polypipe Feet 300

Gravel NA As required for spring site development

5 21 foot split rails Each 1150

6 5 foot notched jack legs Set

7 50# box 7” common smooth spikes Box 30

8 7’ x 6” treated drivers to install around troughs. Each 9

*Additional material available upon request.

Item 2: The following materials for spring development and fence construction will be provided (listed below) and must be picked up at the Forest Service Administration site, 65600 MT-Hwy 43 Wise River, MT 59762. Contractor must provide the Forest Service a minimum of 48 hours’ notice of when they will need to pick up materials.

Item No. Description Unit

Quantity located at Wise River Ranger District

1 10’ fiberglass water trough Each 1 2 Customized head box for water collection and fittings Each 1

3 Polypipe Feet 2000

Gravel NA As required for spring site development

5 21 foot split rails Each As needed for spring protective fence.

6 5 foot notched jack legs Set As needed for spring protective fence.

7 50# box 7” common smooth spikes Box

As needed for spring protective fence.

8 7’ x 6” treated drivers to install around troughs. Each

As needed for spring protective fence.

1.10 Work Plan. The Contractor shall provide the Forest Service with a general plan of operations at the pre-work meeting outlining how the Contractor will perform the work within the contract timelines. The Contractor shall notify the Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

1.11 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.

Item 1: Permission to cross private land in T1N R11W Sections 30 & 31 leading up to FR 7438 and FR 70663 will be approved and coordinated ahead of planned work timeframes.

1.12 Off-road permits. Most of the project area is 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 highway vehicles, equipment, UTVs and other off-highway motor vehicles for the purposes of completing work required under this contract. Contact Katie Bonogofsky at the Wisdom Ranger District (406) 925-3914 for additional information.

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

1.14 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.

The contractor will dispose of or recycle the old wire, steel posts and jacklegs or woods posts.

1.15 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-2 PRODUCTS

Forest Service shall provide all materials.

C-3 EXECUTION

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

3.02 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.

3.03 Clearing

Portions of the work areas are partially located in conifer stands with dead and live trees. Ten

(10) feet on each side of the developments, twenty (20) foot total, shall be cleared of trees and downfall.

FAC 2024-05 May 22, 2024

A. All trees less than 9-inch diameter breast height (dbh) within the clearing limits shall be felled. All dead trees should be removed within the clearing limits (See paragraph C).

Logs shall be cut into lengths less than 8-feet, delimbing not required. Logs and slash shall be scattered outside the clearing limits.

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

C. Removal of brush is not required, except that no brush shall be in contact with the bottom wire.

3.04 Installation diagrams:

Headbox, Pipe, trough, fence

3.05 Noxious Weed Control. To prevent the potential spread of noxious weeds, the

Contractor will be required to furnish proof of weed-free equipment. Cleaned equipment shall be free of all dirt and plant parts/materials that may carry noxious weed seeds into the construction area. Any/all subsequent move-ins of equipment after the initial move-in, shall be treated the same as the initial move-in. Before transporting equipment/materials onto National Forest Lands, the Contractor will notify the COR and coordinate an equipment inspection at an agreed to location.

3.06 BIOBASED PRODUCTS. The contractor must comply with the Agriculture Act of

2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm

FAC 2024-05 May 22, 2024

Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for bioprefered products that are required for performance of this construction contract:

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products)

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov

C4 – MEASUREMENT AND PAYMENT

4.01 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 in excess of that staked, ordered, or otherwise authorized.

http://www.biopreferred.gov/

4.02Unit 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.

4.03 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.

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

C. 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.

FAC 2024-05 May 22, 2024

4.04 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 as follows:

A. When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

B. When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

C. Any portion of the mobilization item in excess of 10 percent of the original contract amount will paid after final acceptance.

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.

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) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG

1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-13 Time Extensions (SEP 2000) 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 ___ 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 15 Oct 2025. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024) https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

FAC 2024-05 May 22, 2024

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 ____*___ 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:

(b) During the first ninety (90) 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 90-day period, the Contractor shall submit the

FAC 2024-05 May 22, 2024 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.

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 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) 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 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 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 Rerepresentation (FEB 2024) FAR 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) 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

FAC 2024-05 May 22, 2024

FAR 52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022)

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) 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 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Pricing Method) (AUG 2018) 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 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997)

FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY

2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 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) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAC 2024-05 May 22, 2024

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) Alternate I (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-16 Quantity Surveys (APR 1984) Alternate 1 (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) Alternate II (APR 1984) FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB

2024) FAR 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.246-21 Warranty of Construction (MAR 1994) Alternate I (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (APR 1984) Alternate I (SEP 1996) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

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 452.236-73 Archaeological or Historic Sites (FEB 1988) 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 52.217-7 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 30 days of award.

(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.

"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.

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

FAC 2024-05 May 22, 2024

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.

https://www.acquisition.gov/far/part-25#FAR_25_105

FAC 2024-05 May 22, 2024

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

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

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

(b) Domestic preference.

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

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

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

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

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

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

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States 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.

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

FAC 2024-05 May 22, 2024

(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

FAC 2024-05 May 22, 2024

(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 _______…