1240LU25R0008 Region 2 Road and Bridge MATOC.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)

USDA-FS CSA INTERMOUNTAIN 9

324 25TH ST

OGDEN UT 84401-2310

40LU

Paul Larsen, Contracting Officer paul.larsen@usda.gov

PAUL LARSEN 406-223-4463

1x 01/17/2025

1240LU25R0008

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

The USFS, Rocky Mountain Region 2 requires an Indefinite Delivery-Indefinite Quantity

(IDIQ), Multiple Award Task Order Contract (MATOC) for road, bridge and related civil construction projects. The North American Industry Classification System

(NAICS) code for this work is 237310, Highway, Street and Bridge Construction with a small business size standard of $45,000,000. This requirement is set aside 100% for small business participation. The Government anticipates awarding a minimum of 10 individual contracts from this solicitation. The MATOC will have a shared

$50,000,000 ceiling with up to a five-year ordering period. Firm-fixed price task orders will be solicited and awarded on a competitive basis.

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.)

1 730 calendar days and complete it within ________________ ________________ calendar days after receiving

02/20/2025

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

PAUL C. LARSEN

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 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LU25R0008

0001 R2 Road and Construction IDIQ

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

1240LU25R0008

USFS Region 2 Road and Bridge Construction MATOC

FAC 2025-03 JAN 17, 2025

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

C.5 SUBMITTALS

C.6 SUBMITTAL REGISTER

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

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

FAC 2025-03 JAN 17, 2025

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Contract Line Item (CLIN) 0001:

Base Period: Two years (24 months) from the date of award. FFP, IDIQ MATOC for Road and Bridge Construction Services

CLIN 1001:

Option Period 1: One year (12 months), FFP, IDIQ MATOC for Road and Bridge Construction Services

CLIN 2001:

Option Period 2: One year (12 months), FFP, IDIQ MATOC for Road and Bridge Construction Services

CLIN 3001:

Option Period 3: One year (12 months), FFP, IDIQ MATOC for Road and Bridge Construction Services

NOTE: Specific dates for all CLINS shall be established at time of award.

B.2 SCHEDULE NOTES

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) Multiple awards will be made from this solicitation, contractors must submit pricing for at least one seed project attached in Section J.

c) Payment for bond premiums in accordance with FAR 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to contract price. Bonding requirements will be established with each Task Order.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) covers multiple projects for heavy civil and highway construction within the USDA Forest Service, Rocky Mountain Region, Region 2. Task orders may include, but are not limited to, the following types of road and bridge construction activities:

• New road construction

• Road reconstruction/restoration

• Other roadbed construction (turnouts, trail head construction, roadside recreation sites, etc.)

• Asphalt placement work

• Road decommissioning

• Construction of steel, concrete, and timber road bridges

• Construction of trail bridges

• Culverts, aquatic organism passage structures, and ancillary structures and related stream restoration

• Erosion control-type work for roads, stream banks, and lake shore erosion

• Quarry Development

• All requirements cited under Divisions 100 through 725 of the FP-14

• Road maintenance incidental to construction

All work covered by Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP14 or most current version as specified in the task order), has potential to be included in task orders, however work is not limited to that coverage and additional work not covered by the FP specifications may be included as Special Project Requirements and/or Forest Service Supplemental Specification(s) (FSSS). Construction, reconstruction, alteration, repair, rehabilitation, relocation, removal, decommissioning and/or maintenance of any of these items may be included.

Task orders will be packaged with the project-specific details that supplement the standard specifications and terms of the parent contract. These task order requirements will include pay items, special project requirements, supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government furnished facilities, government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific task orders.

C.2 PROJECT LOCATION

These construction services may be required across all Region 2 Forests and Grasslands. This may include Forests and Grasslands in the following states: Colorado, Nebraska, South Dakota, FAC 2025-03 JAN 17, 2025

Kansas and Wyoming. Region 2 Forests and Grasslands details can be found here: Region 2 - About the Area (usda.gov)

Administrative sites, recreation sites and other developed sites associated with these National Forests are included. Work may include watershed improvement work and Scenic Byway Enhancement work on privately owned adjoining lands or adjoining federal lands managed by other federal agencies.

Each Task Order issued under the MATOC will specifically identify the project location(s).

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The MATOC maximum will be a $50,000,000 aggregate tracked as a shared ceiling for all contracts issued. This maximum will include minimum guarantees, Task Orders and modifications issued to any vendor within the MATOC.

Individual Task Orders will have a minimum of $2,000 and a maximum of $3,000,000 per order.

There is a Minimum Guarantee of $500 for each contract issued.

Per FAR 36.204 each Task Order Proposal Request (TOPR) will state the estimated price range.

C.4 TECHNICAL SPECIFICATIONS

The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects (FP-14) is located at FP-14 | FHWA (dot.gov).

FP-14 standard specification Division 100 and Division 150 apply to all task orders under this contract. The FP-14 standard specification sections Division 200 through Division 700 that apply to individual projects will be identified in each task order.

Note: The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects (FP-24) was issued in 2024 and will replace the FP-14. FP-24 is not yet approved for use on Forest Service projects but for reference is located at FP-24 | FHWA (dot.gov).

Special and/or supplemental specifications and drawings will be applicable at the task order level and shall be provided with each TOPR.

Forest Service Supplemental Specifications (FSSS) are used to modify the FP standard specifications so that they align with Forest Service terminology, requirements, and expectations.

These will be included with the task orders. Additional specifications for work not covered by the FP or FSSS may be included in task orders as well.

https://www.fs.usda.gov/main/r2/about-region https://www.fs.usda.gov/main/r2/about-region https://highways.dot.gov/federal-lands/specs/fp-14 https://highways.dot.gov/federal-lands/specs/fp-24 https://highways.dot.gov/federal-lands/specs/fp-24

FAC 2025-03 JAN 17, 2025

The FP Standard, FSSS, and additional specifications shall all be used in conjunction with each other to properly determine the work requirements for each task order.

Sign and Poster Guidelines for the Forest Service EM 7100-15 (Sign Manual) is applicable to task orders and is included by reference only. The Forest Service Sign Manual can be viewed at no cost at: https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3810021.pdf

Signs shall be installed in accordance with the Forest Service Sign Installation Guide. The Forest Service Sign Installation Guide can be viewed at no cost at:

https://www.fs.usda.gov/t-d/pubs/pdfpubs/pdf10712812/pdf10712812dpi300.pdf

C.5 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Product data shall be provided for manufactured items. Manufacturer’s instructions shall be submitted at any time that installation or compliance with manufacturer’s instructions is specified. O&M data shall be provided for all items that require operations and/or maintenance.

C.6 SUBMITTAL REGISTER

For each task order, the government will provide an initial project submittal register to the contractor. The contractor shall review the initial project submittal register and identify any proposed deletions, additions, or changes to account for all submittal requirements for the project. Once the government and the contractor agree to the initial submittal register, the contractor will be responsible for maintaining and updating the register as submittals are progressed throughout the project. The purpose of the submittal register is to identify the required submittals for the project and track their submission and approval throughout the contract. The contractor is ultimately responsible for identifying and providing all submittals required by the Task Orders. The contractor shall submit their proposed revisions to the initial submittal register to the CO within 14 days of Notice to Proceed. Contractor quality control and construction operations daily reports and payroll records do not have to be tracked using the submittal register due to the ongoing nature of these documents. Contractor shall have a system to keep track of these documents. The submittal register may also be referred to as the “submittal list” or “submittal schedule”.

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within (TBD for each TO issued) 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 (TBD for each TO issued). The time stated for completion shall include final cleanup of the premises.

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by (TBD for each TO issued). The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (TBD for each TO issued) for each calendar day of delay until the work is completed or accepted.

FAC 2025-03 JAN 17, 2025

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

Post Award Conference A post award conference with the successful offeror(s) may be required. The conference will be scheduled and held within (TBD for each TO issued) days after the date of contract award. The conference will be held at (TBD for each TO issued).

G.2 OTHER REQUIREMENTS

Task Orders – Procedures

a) A Task Order for the purposes of this solicitation and subsequent award is an order for construction services issued by an authorized and warranted government Contracting Officer for work within the scope of the MATOC.

b) As the need exists for performance under the terms of this contract any warranted Forest Service Contracting Officer may solicit and issue task orders against this contract.

c) TOPRs will be transmitted primarily via e-mail. It is the contractor's responsibility to ensure that the CO has the most up-to-date email address for TOPR distribution.

d) TOPRs will generally be issued for price but may include evaluation criteria (ie:

past performance, technical approach, etc.) which will require the submission of a technical proposal. All TOPRs shall specify the method for award determination and indicate the required response documentation.

e) Upon the receipt of a TOPR from the Government, the Contractor shall respond as specified. In the case that an awardee cannot submit an offer in response to a TOPR the awardee shall notify the Contracting Officer as to the business reason for why a response will not be submitted. While no mandatory requirement exists for the submission of a task order solicitation response, firms consistently declining to submit a response or failing to notify the Contracting Officer as to the business reason why a response was not provided risk not having their option year exercised.

f) Contract holders will receive fair opportunity to be considered for each Task Order unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

No clauses included.

H.2 OTHER REQUIREMENTS

Fire Control Measures- Fire control measures are included with each Task Order. Additional project specific measure would be included with each Task Order and will be specified at the Task Order level.

Weed Free Equipment- All heavy equipment (loaders, excavators, dump trucks, etc.) shall be cleaned of weeds and their seeds and thoroughly inspected prior to mobilization and each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Special care shall be taken to assure removal of the following noxious weeds and their seeds. This may require the use of a pressure hose.

The contractor shall inspect all equipment prior to mobilization to the National Forest Lands and document that inspection on the “Equipment Cleaning Inspection/Verification Form”. The contractor shall attach photographic documentation of the cleaned equipment with the Equipment Inspection Form and include that with the daily report for the day.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. At least 48 hours prior to mobilization of any piece of equipment, the contractor shall advise of a proposed date, time, and location for mobilization. The responsibility for equipment cleaning and inspection is a Quality Control responsibility of the contractor. The government may or may not attend these inspections at their discretion but shall be given the opportunity to inspect all equipment prior to mobilization. Inspections shall take place at mutually agreeable locations in advance of entry onto National Forest lands.

If either the contractor or the Forest Service finds that the equipment is not sufficiently clean, then the equipment shall be recleaned and reinspected prior to use on the project site. All cleaning shall occur off of National Forest lands.

Once on site, all equipment shall be inspected daily and all visible oil, grease, and hydraulic fluid will be removed; this inspection shall be documented in the daily dairy. Needed repairs will be implemented immediately before resuming work.

All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner.

Task orders will communicate if there are additional cleaning requirements.

Protection of Cultural Resources- Location of known historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1969 (PL 96-95 and 36 CFR 261.9(e)) may be identified on the ground by the Forest Service. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Fish Protection- Draft hoses being used to withdraw water from any stream or pond located on Forest shall utilize one of the following methods of screening:

Perforated Plate; screen openings shall not exceed 3/32 or 0.0938 inches (2.38 mm).

Profile Bar Screen; screen openings shall not exceed 0.0689 inches (1.75 mm) the narrowest dimension.

Woven Wire Screen; the screen openings shall not exceed 3/32 or 0.0938 inches (2.38

mm) in the narrow direction.

Aircraft Use- Task orders will state if aircraft use is required, expected, and/or allowable. If the individual task order does not state that it is allowable, then it should be assumed that it is not allowed.

Blasting- Blasting is only allowed when specifically authorized by the task order, unless otherwise approved by the CO. If blasting is included in the task orders, then the requirements of FP section 205 and the FSSS 205 shall apply, unless stated otherwise in the task order.

Excavation- All excavation is unclassified unless specifically stated otherwise in the task order.

Concrete and Aggregate Wash Out - Wash water and/or waste from concrete, aggregate, or other related operations shall not be allowed to enter live streams. Provide a designated concrete wash out area, assure wash out is contained in area, containment washout residues and debris is hauled offsite, and restore area to its original condition at end of project. The Contractor and CO shall agree to the location prior to any washout occurring.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such a plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered Engineer.

All machinery shall be refueled outside of the riparian areas. If refueling does occur within a riparian area, spill control measures shall be installed around the machinery prior to refueling operations.

FAC 2025-03 JAN 17, 2025

Samples, Tests, Cited Specifications- References made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, ACI, or other recognized National technical associations, shall mean specifications, standards, or test methods which are in effect on the date of the solicitation. Contractor is responsible for having access to these documents and for controlling quality relative to these standards.

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) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 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) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (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

FAC 2025-03 JAN 17, 2025

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT

2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (FEB 2024) 52.219-14 Limitations on Subcontracting (OCT 2022)

☒ By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024) 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) 52.222-9 Apprentices and Trainees (JUL 2005) 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) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 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)

FAC 2025-03 JAN 17, 2025

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 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (MAY 2024) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-7 Drug-Free Workplace (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 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)

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52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-27 Site Visit (Construction) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 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) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.204-70 Modification for Contract Closeout

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

(DEC 2023)

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

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

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

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

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

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

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

FAC 2025-03 JAN 17, 2025

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

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

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

FAC 2025-03 JAN 17, 2025

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

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

(b) Prohibition.

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

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

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

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

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

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

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

However, see paragraph (c) of this clause.

(5)

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

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

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

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

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

(D) Brand;

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

(F) Item description;

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

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

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

FAC 2025-03 JAN 17, 2025

article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

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

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

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

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

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

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

(A) Contract number;

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

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

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

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

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

(F) Brand;

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

(H) Item description; and

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

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

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

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

https://dibnet.dod.mil/

FAC 2025-03 JAN 17, 2025

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

(e) Subcontracts.

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

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

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award of the base contract through 5 years after award (plus 6 months if 52.217-8 exercised).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule (schedules will be the Schedule of Items at the Task Order level). The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in

FAC 2025-03 JAN 17, 2025

the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 9/30/2030.

52.216-32 Task-Order and Delivery-Order Ombudsman (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Chief, Compliance and Oversight Branch Sm.fs.pps_cando@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution.