1240LU25B0001 GAOA Rexford Sewer-Water System Replacement.pdf
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- Attached to
- GAOA Rexford Sewer & Water System Replacement
- Solicitation number
- 1240LU25B0001
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Solicitation (Invitation for Bid) for the GAOA Rexford Sewer & Water System Replacement project issued by the USDA Forest Service. The project is located near Eureka, Montana and involves base and optional improvements to the Rexford Bench Campground. The base contract requires installing water and sewer infrastructure, including sewer lift stations, gravity systems, sewer piping, water distribution line repairs, coordination with local electric cooperative, site clearing, erosion control, earthwork, grading, and asphalt repaving.
Optional work includes: Option #1 - Installing an RV dump station with associated demolition, signage, electrical service, and reclamation; Option #2 - Water supply improvements involving flowmeters, electrical service, water sampling station, and vault boring. The solicitation is a small business reserve procurement with a site visit scheduled for April 30, 2025. The government cost estimate is between $1,000,000 and $5,000,000, with a contract performance period of 150 calendar days. Sealed bids will be accepted until May 19, 2025, with a public bid opening at the USDA Forest Service location in Dillon, Montana.
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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)
1148645
USDA-FS CSA INTERMOUNTAIN 9
324 25TH ST
OGDEN UT 84401-2310
40LU
Lisa Rakich @ lisa.rakich@usda.gov
Copy Brenda Simmons @ brenda.simmons@usda.gov
BRENDA SIMMONS
GAOA
x 04/18/2025
1240LU25B0001
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
GAOA Rexford Sewer & Water System Replacement
Kootenai NF / Rexford Ranger District
Invitation For Bid (IFB) Bid Public Opening will be held at: USDA Forest Service, 420 Barrett Street, Dillon, MT 59725
Emailed Bids will be accepted up until the day before closing at 4:00 PM on the night before.
All others must walk in and give bid on day of closing at 3:00PM
Site Visit Day & Time is: A Site Visit will be scheduled at a date April 30, 2025 at 1:00 PM MST. The location for the site visit is as follows: The project is located approximately 5 miles west from Eureka Montana, as a crow flies, on highway 37. From Eureka Mt, travel north on Dewey Avenue (US Highway 93) to the intersection with MT-37. Turn west and travel 5.4 miles on MT-37 to the intersection with Gateway Street. Turn north onto Gateway Street and travel about 500 feet and Rexford Bench will be on your right. The Site Visit POC is Morgan Sandall, morgan.sandall@usda.gov. It is highly recommended that all interested parties should attend the site visit to gain a better understanding of the project requirements.
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.)
10 167 calendar days and complete it within ________________ ________________ calendar days after receiving
FAR 52.211-10
05/19/2025
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
USDA-FS CSA INTERMOUNTAIN 9
324 25TH ST
OGDEN UT 84401-2310
40LU
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 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1240LU25B0001
Delivery: 12/29/2025
Delivery Location Code: 0345
USDA FOREST SERVICE
AFD
5765 WEST BROADWAY
MISSOULA MT 59802 US
0001 GAOA Project - Rexford Bench Water & Sewer
Improvements
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No: 1240LU25B0001 Project Name: GAOA Rexford Sewer & Water System Replacement
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 SCHEDULE OF ITEMS
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 SCOPE OF CONTRACT
C-2 PROJECT LOCATION
C-3 PROJECT MAGNITUDE
C-4 GOVERNMENT-FURNISHED PROPERTY
C-5 DRAWINGS
C-6 SCHEDULE
C-7 GENERAL REQUIREMENTS
C-8 EXISTING UTILITIES
C-9 SAFETY PLAN
C-10 TEMPORARY FACILITIES AND UTILITIES
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
SECTION G--CONTRACT ADMINISTRATION DATA
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 INSTRUCTIONS
L-2 PROVISIONS
SECTION M--EVALUATION FACTORS FOR AWARD
M-1 PROVISIONS
M-2 AWARD
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 SCHEDULE OF ITEMS
Item Supplies/Services Method
Of Measure
Unit Of
Issue Qty Unit
Price Total
0001 Mobilization - Schedule 1 LSQ LS 1 Schedule 1 - Sewer Piping
0002 Sewer Pressure Pipe - 1.5" (GSP &
HDPE) AQ LF 662
0003 Sewer Pressure Pipe - 3" (HDPE) AQ LF 1,687 0004 Gravity Sewer Pipe - 6" Repairs AQ LF 165 0005 Clean Existing Gravity Sewer Lines AQ LF 3,889 0006 Utility Crossings (Roads) AQ LF 322 0007 Air / Vac Release Vault AQ EA 1
Schedule 2 - Lift Stations & Host 0008 Demo & Approach Manhole LSQ LS 1 0009 Gravity Sewer Main & Misc AQ LF 124 0010 Package Lift Station #1 LSQ LS 1 0011 Utility Building LSQ LS 1 0012 Repave Parking AQ SF 4,339 0013 Package Lift Station #2 LSQ LS 1 0014 Boat Ramp Host Utilities LSQ LS 1
0015 Lincoln Electric Coop -Schedule 3
LSQ LS 1
Total Base Items Option Items
1001 Rv Dump Station Lsq Ls 1 2001 Water Supply Improvements Lsq Ls 1
Total Optional Items
Total Base Plus Options
Must price all items.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 SCOPE OF CONTRACT
Base – Install water and sewer improvements at the Rexford Bench Campground. This project will include installing sewer lift stations, gravity system, sewer piping, installing and repairing water distribution lines, coordination with the local electric coop for power service, clearing and grubbing, erosion control, earth work, grading, repaving asphalt, directional drilling, and all miscellaneous needs associated with water and septic system installation and the ensuing dress-up.
Option #1 – Install an RV dump station which include, grubbing, demolition, remove gravity sewer, sewer lines and accoutrements, signage, electrical service, disturbance reclamation, lighting.
Option #2 – Water supply improvements which include flowmeters, electrical service, water sampling station, vault boring and appurtenance, etc.
C-2 PROJECT LOCATION
The project is located approximately 5 miles west from Eureka Montana, as a crow flies, on highway 37.
From Eureka Mt, travel north on Dewey Avenue (US Highway 93) to the intersection with MT-
37. Turn west and travel 5.4 miles on MT-37 to the intersection with Gateway Street. Turn north onto Gateway Street and travel about 500 feet and Rexford Bench will be on your right.
See also vicinity map in design.
C-3 PROJECT MAGNITUDE
Government Cost Estimate, per FAR 36.204, is between $1,000,000 and $5,000,000.
C-4 GOVERNMENT-FURNISHED PROPERTY
None
C-5 DRAWINGS
See Section J for the listing of Drawings that are incorporated into this solicitation.
C-6 SCHEDULE
Period of performance (POP): Work shall be completed in 150 Days calendar days from receipt of the notice to proceed, which is estimated to be December 29, 2025. Period of Performance (POP) includes all field work, survey, design, and design reviews.
A pre-bid site visit will be held on-site on: TBD.
Work Hours: All work during the period of performance shall be performed between 7:00 am to 5:00 pm, Monday through Friday, with the exception of Federal Holidays (see below for holiday schedule). Any work performed outside of this timeframe shall be approved by the COR prior to start.
Federal Holidays Observed: Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, New Year’s Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Christmas Day, Juneteenth, and any other day specifically designated by the President of the United States.
C-7 GENERAL REQUIREMENTS
At all times when work is being performed on-site for this contract, the prime contractor shall superintend the work with a competent contractor’s representative, who is designated as such in writing, who can act on behalf of the contractor, to assure neatness, quality, and safety of the work during the performance of work associated with this contract. Submit the name of your contractor’s representative in writing to the COR prior to commencing work. The contractor’s representative must be approved by the Contracting Officer.
The contractor shall visit the job site to thoroughly familiarize himself with all the details of this work and working conditions. The contractor shall also verify all dimensions in the field and shall advise the CO and COR of any discrepancy before performing any work.
All OSHA safety regulations, including OSHA 1926 and OSHA 1910, shall be observed during the performance of work on this contract. The contractor shall provide signage and/or barricades as necessary to maintain a safe work site. It is the responsibility of the prime contractor to assure a safe work site, use of PPE, and control of sub-contractors.
After Notice to Proceed, the contractor shall hold an on-site pre-construction conference with project stakeholders and the CO and/or her representative. This kick off meeting will assure a mutual understanding of the contract, its execution, and aid in coordination between parties.
The campground will be closed during construction times. The campground can be used for employees during construction.
C-8 EXISTING UTILITIES
Shown in drawings. Contractor is responsible for locating and maintaining existing utilities.
C-9 SAFETY PLAN
A written and approved safety plan in accordance with applicable regulations such as FAR Clauses, OSHA, etc. is required prior to commencement of project work. The contractor shall provide adequate safety briefings and ensure safe practices are followed by all personnel involved in the project. Emergency contact numbers shall be readily available on site. The safety plan shall be site specific, and address concerns and risks specific to the work to be undertaken. Submit the Safety Plan to the Contracting Officer for review and approval. The Safety Plan must be approved before physical work may commence.
C-10 TEMPORARY FACILITIES AND UTILITIES
Staging Plan – the contractor will provide a staging plan prior to construction of planned staging areas and how they will be utilized and access maintained throughout the construction process.
Staging Area: The contractor may stage on the road and on the sidewalks. Vehicle access on the road can be blocked.
Utilities are available at the site.
Staging Areas – Another contract for construction might be occurring simultaneously on the boat ramp. Contractors must coordinate and work together for access on the road. This contract will not use the boat parking area for staging, other areas are available.
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
52.242-14 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 December 29, 2025. The time stated for completion shall include final cleanup of the premises.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 CLAUSES
452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within TBD days after the date of contract award. The conference will be held at a location to be determined.
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 $500,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of ____$500,000___ per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I-1 CLAUSES
52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
(MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower
Guidance to contractor employees) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY
2011) 52.204-10 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 (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.214-29 Order of Precedence – Sealed Bidding (JAN 1986) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 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
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (SEP 2023) 52.219-14 Limitations on Subcontracting (OCT 2022)
[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.
52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY
2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations
(MAY 2014)
52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC
2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN
2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY
2024) (DEVIATION FEB 2025)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013)
52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT
2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)-
Alternate I (SEP 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or
Removal of Improvements) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts (NOV
1996) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 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)
52.225-9 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.
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 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105 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 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 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
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.
(B) For domestic construction material that is a critical item or contains critical components.
(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.
(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest;
or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1) (i)Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item1
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]
(End of clause)
52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023)
(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -
(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and
(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].
(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.
(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.
(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the 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.acquisition.gov/far/part-28#FAR_28_203_1 requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.
52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION
MAY 2023)
(a) Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
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 https://www.acquisition.gov/far/part-28#FAR_28_102_1 http://www.fms.treas.gov/c570/
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J-1 ATTACHMENTS
Attachment 1 Specifications 374 Pages Attachment 2 Grizzly Campground Water Systems Plans 66 Pages Attachment 3 Wage Determination MT20250078 6 Pages
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K-1 PROVISIONS
FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.
(2) The small business size standard is $45 Million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) (1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) FAR 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in FAR part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) FAR 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at FAR 52.204-7, System for Award Management.
(v) FAR 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.
(vii) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) FAR 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) FAR 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) FAR 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is…
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