12443925Q0023 SF 18.pdf
PDF 3 MB Posted
- Attached to
- Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Federal contract opportunity
- Solicitation number
- 12443925Q0023
- Issued by
- Department of Agriculture Forest Service
About this file
This is a Request for Quotation (RFQ) from the USDA Forest Service, London Ranger District, for a trail bridge replacement project at the Sheltowee Trace Section/Wintergreen Trail in Daniel Boone National Forest, Kentucky. The project involves removing an existing 24-foot wooden bridge and installing a new 24.5-foot treated sawn stringer timber bridge with a 4-foot width, designed to improve trail access and ensure safe passage over a waterway while complying with U.S. Forest Service standards.
The solicitation (No. 12443925Q0023) is not a small business set-aside and has a project magnitude under $20,000. The period of performance is from September 2, 2025, to December 31, 2025. Contractors must have an active Sam.gov registration and submit both price and technical quotes, including past performance information, experience details, and a technical approach narrative. The government will evaluate quotes based on best value, with non-price factors being equally important to price. Quotes are due by August 29, 2025, at 5:00 PM Eastern Standard Time, with the contract to be awarded on a firm-fixed-price basis.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 12443925Q0023 Wage Rates 2015-4695.pdf | ||
| 12443925Q0023 Wintergreen-Shellotowee Bridge SOW.pdf |
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Text version
12443925Q0023
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
08/25/2025 1146829
1 45
LONDON RANGER DISTRICT
761 SOUTH LAUREL RD
LONDON KY 40744-7957
USDA FOREST SERVICE
USDA FOREST SERVICE
LONDON RANGER DISTRICT
395 LAUREL LAKE RD
LONDON
KY 40744
651 649-5236DAVID EASTER
08/29/2025 1700 ES
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
COR: Dakota Mahaffey Period of Performance: 09/02/2025 to 12/31/2025
0001 080214 GAOA LON-CON-Sheltowee Trace Section/Wintergreen Trail Bridge Replacement The purpose of this procurement is to obtain a durable, environmentally sustainable hiking trail bridge to improve trail access and ensure safe passage over a waterway in compliance with U.S.
Forest Service standards. This bridge is essential for public safety, resource preservation, and to meet accessibility and regulatory requirements.
SEE ATTACHED SPECIFICATIONS
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
1 LS $____________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 45
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12443925Q0023
SOLICITATION/CONTRACT/PURCHASE ORDER INCORPORATES
BY REFERENCE FAR FAR 13, FAR 52.212-1
INSTRUCTIONS TO OFFERORS, FAR 52.212-2
EVALUATION-COMMERCIAL ITEMS - BEST VALUE. FAR
52.223 SUSTAINABLE PRODUCTS AND SERVICES
REQUIREMENTS; FAR 52.232-33 PAYMENT BY EFT/SAM;
In response to Executive Orders 14148, 14168, 14173, and 14208, the following clauses are updated:
Please refer to https://www.usda.gov/about-usda/general-informatio n/staff-offices/departmental-administration/office
-contracting-and-procurement-ocp/usda-far-class-de viations for full text of the following clause deviations.
The following provision and clause deviations are hereby incorporated:
52.204-8 Annual Representations and
Certifications (JAN 2025) (DEVIATION FEB 2025)
52.212-3 Offeror Representations and
Certifications¿Commercial Products and Commercial
Services (MAY 2024) (DEVIATION FEB 2025)
52.212-5 Contract Terms and Conditions Required
To Implement Statutes or Executive
Orders¿Commercial Products and Commercial
Services (FEB 2025) (DEVIATION FEB 2025) Clauses incorporated within the originally included version of FAR 52.212-5 remain applicable unless referenced for removal within this document.
52.223-2 Reporting of Biobased Products Under
Service and Construction Contracts (MAY 2024)
(DEVIATION FEB 2025)
52.223-10 Waste Reduction Program (MAY 2024)
(DEVIATION FEB 2025)
52.223-23, Sustainable Products and Services (MAY
2024 (DEVIATION FEB 2025))
52.223-2 Reporting of Biobased Products Under
Service and Construction Contracts (MAY 2024)
(DEVIATION FEB 2025)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
In response to Executive Orders 14148, 14168, 14173, and 14208, the following clauses are updated:
Please refer to https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations for full text of the following clause deviations.
The following clauses are removed if included in the original award:
52.204-8 Annual Representations and Certifications (JAN 2025) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction (FEB 1999) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-26 Equal Opportunity (SEP 2016) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (JAN 2025) Clauses incorporated within the originally included version of FAR 52.212-5 remain applicable unless referenced for removal within this document.
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) 52.223-10 Waste Reduction Program (MAY 2024) 52.223-19 Compliance with Environmental Management Systems (MAY 2011) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (DEC 2016) 52.223-23 Sustainable Products and Services (MAY 2024)
The following provision and clause deviations are hereby incorporated:
52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services
(MAY 2024) (DEVIATION FEB 2025)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (FEB 2025) (DEVIATION FEB 2025) Clauses incorporated within the originally included version of FAR 52.212-5 remain applicable unless referenced for removal within this document.
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)
(DEVIATION FEB 2025)
52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) 52.223-23, Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025)) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)
(DEVIATION FEB 2025)
https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations
Solicitation No: 12443925Q0023 Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement
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 PROJECT
C.4 TECHNICAL SPECIFICATIONS
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
G.2 OTHER REQUIREMENTS
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES…………………………………………………………………………13
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
K.2 OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
L.1 PROVISIONS
L.2 QUOTE PREPARATION INSTRUCTIONS:
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 PROVISIONS
M.2 QUOTE EVALUATION
M.3 TECHNICAL EVALUATION FACTORS
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
Sheltowee Trace Section/Wintergreen Trail Bridge Replacement
Base Items
Item Number
Project Number
Description Unit Qty Unit Price
Total Price
0001 LS 1
Total:
Total:
HR: Hourly Rate LS = Lump Sum
Sheltowee Trace Section/ Wintergreen Trail Bridge Replacement
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. One award will be made from this solicitation, contractors must submit pricing for all items.
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
The scope of this project is to deliver the bridge items needed to replace Sheltowee Trace Section/Wintergreen Trail Bridge.
The purpose of this procurement is to obtain a durable, environmentally sustainable hiking trail bridge to improve trail access and ensure safe passage over a waterway in compliance with U.S. Forest Service standards. This bridge is essential for public safety, resource preservation, and to meet accessibility and regulatory requirements.
See the attached Statement of Work (SOW), Map, Plans, updated FSSS (Forest Service Supplemental Specifications).
C.2 PROJECT LOCATION
USDA FOREST SERVICE, LONDON RANGER DISTRICT, 395 LAUREL LAKE RD,
LONDON KY.
C.3 MAGNITUDE OF PROJECT
The Magnitude of this project is under $20,000.
C.4 TECHNICAL SPECIFICATIONS
The Contractor shall furnish all labor, material, equipment, supervision, and transportation to perform all work listed on the Schedule of Items and Statement of Work. Also see FSSS (updated), Map, and Plans.
AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement
SECTION D--PACKAGING AND MARKING
D.1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG
1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
FAR 52.242-14 Suspension of Work (APR 1984)
FAR 52.211.10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within ten (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 30, 2025. The time stated for completion shall include final cleanup of the premises.
(End of clause)
Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 2, 2025. 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.
F.2 OTHER REQUIREMENTS
(a) A Post-award Conference will be completed within ten (10) calendar days after award.
(b) Period of Performance is expected to begin no later than September 2, 2025 and end prior to December30, 2025.
(c) Prior to the purchasing of any material, the Contractor shall submit a request and obtain written approval from the Contracting Officer Representative (COR) to ensure compliance with the bridge designs, type of word, treatment of wood, and any other issue that may be of concern.
(d) Payment will be made on actual work performed as described, unless otherwise modified in writing. The Government will pay the final amount due to the contractor under this contract after the following requirements are met:
• Completion and acceptance of all work,
• Presentation of a properly executed invoice, and
• Presentation of a Release of Claims against the Government arising by virtue of this contract, other than claims that the contractor has specifically excepted from the operation of said release
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Page
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
AGAR 452.204-70 Modification for Contract Closeout
G.2 OTHER REQUIREMENTS
a. Contractor must be registered and be active at www.sam.gov to be considered.
b. Award will be Firm fixed price.
c. The estimated Period of Performance is expected to begin September 2, 2025 and end no later than December 30, 2025.
d. There will not be a pre-bid meeting for this project. Offerors should refer to the attachments (Section J) or contact Dakota Mahaffey, Civil Engineer Technician, dakota.mahaffey@usda.gov for site specific information.
e. Offeror’s response to Evaluation Factors must be provided with their quote. The total of all items (including option item(s), along with the evaluation factors, will be considered when determining the best qualified offeror.
f. Wage Rates are required for this contract. See attached Wage Determination.
g. The contractor must provide any necessary facilities (restroom, water, etc). There are NO facilities onsite.
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Page
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
AGAR 452.228-71 Insurance Coverage (NOV 1996)- Alternate I (NOV 1996)
Pursuant to FAR clause FAR 52.228-5, Insurance-Work on a Government Installation paragraph (a), Contractors shall present evidence and maintain, as a minimum, the amounts of insurance coverage indicated below:
(1) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they must be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 must be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(2) General Liability. The Contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
(3) Automobile Liability. The Contractor must have automobile liability insurance written on a comprehensive form of policy. The policy must provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States must provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(4) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor must have aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(End of clause)
H.2 OTHER REQUIREMENTS
None
Page Page 14
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)
Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)
Deviations to clauses may be viewed at: USDA FAR Class Deviations
FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees)
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020)
FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC
2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV
2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded (JAN 2025)
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-28 Postaward Small Business Program Rerepresentation (JAN 2025) FAR 52.222-3 Convict Labor (JUN 2003)
Page Page 15
FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) (DEVIATION FEB 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or
Separately Specified Pricing Method) (AUG 2018) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (JAN 2025) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026
(JAN 2022)
FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts
(MAY 2024) (DEVIATION FEB 2025)
FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) (DEVIATION FEB 2025) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving
(MAY 2024)
FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY
2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management
(OCT 2018)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
Page Page 16
FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991)
Alternate I (NOV 1991) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997)
Alternate I (APR 1984) Alternate II (APR 1984)
FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN
2025) (DEVIATION FEB 2025)
FAR 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short
Form) (APR 1984)
FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.236-70 Emergency Response, Fire Suppression, and Liability
(End of clause)
FAR 52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
(End of clause)
FAR 52.225-9 Buy American Act-Construction Materials (OCT 2022)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
Page Page 17
(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–
Page Page 18
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.
Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners.
Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or 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
Page Page 19 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(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
Page Page 20 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
Page Page 21 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)
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Page Page 22
FAR 52.228-13 Alternative Payment Protections (JUL 2000)
(a) The Contractor shall submit one of the following payment protections: Payment Bond
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within ten (10) days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(End of clause)
FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024)
(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft ( 49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system ( 49 U.S.C.
44801(12)).
(b) Prohibition. The Contractor is prohibited from—
(1) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.);
(2) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.); and
(3) On or after December 22, 2025, using Federal funds for the procurement or operation of a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31, 41 U.S.C.
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Page Page 23
3901 note prec.).
(c) Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act-covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(d) Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. [See sections 1823 through 1825 and 1832 of Public Law 118-31 ( 41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.].
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR
4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of clause)
Project Name: Sheltowee Trace Section/Wintergreen Trail Bridge Replacement Page
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
Attachment 1: Statement of Work (SOW)
Attachment 2: Service Contract Act WD #: 2015-4695
Page Page 25
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)
FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 321999.
(2) The small business size standard is 500.
(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 321999 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) (1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) ☐ Paragraph (d) applies.
(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) FAR 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in FAR part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) FAR 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at FAR 52.204-7, System for Award Management.
(v) FAR 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.
(vii) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) FAR 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) FAR 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the
Government.
(xi) FAR 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) FAR 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) FAR 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).
(xiv) [Reserved]
(xv) [Reserved]
(xvi) FAR 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) FAR 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at FAR 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) FAR 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) [Reserved]
(xx) FAR 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at FAR 52.225-1.
(xxi) FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at FAR 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) FAR 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at FAR 52.225-5.
(xxiii) FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) FAR 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
☒ (i) FAR 52.204-17, Ownership or Control of Offeror.
☒ (ii) FAR 52.204-20, Predecessor of Offeror.
☒ (iii) FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
☒ (iv) FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
☒ (v) FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
☒ (vi) FAR 52.227-6, Royalty Information.
☐ (A) Basic.
☐ (B) Alternate I.
☒ (vii) FAR 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes…
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