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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

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)

993546

USDA FOREST SERVICE

NATIONAL FORESTS IN MISSISSIPPI

200 S LAMAR ST STE 500N BOX 44

JACKSON MS 39201

447U

CYNTHIA GRANDERSON 601-965-1619

103/11/2021

1. SOLICITATION NO.

12444221Q0014

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

Turkey Fork Spillway Stabilization, Chickasawhay Ranger District, National Forests in Mississippi

The purpose of this project is to mitigate streambed degradation and erosion issues at the outlet structure of Turkey Fork Lake, located in the Turkey Fork Recreation

Area on the Chickasawhay Ranger District in the De Soto National Forest.

The magnitude of this construction project is between $25,000 and $100,000.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

_______________________ 04/16/2021

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. 4-85)

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 FOREST SERVICE

NATIONAL FORESTS IN MISSISSIPPI

200 S LAMAR ST STE 500N BOX 44

JACKSON MS 39201

447U

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

Turkey Fork Spillway Stabilization, Chickasawhay Ranger District National Forests in Mississippi

12444221Q0014 Page 3 of26

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

Turkey Fork Spillway Stabilization Chickasawhay Ranger District

De Soto National Forest

Item No. Description Meth. Of Meas. Unit Qty. Unit

Price Total

15101 Mobilization C.Q. L.S. 1

20402 Select Borrow A.Q. C.Y. 60

25102-200 Placed Riprap, 200# A.Q. Ton 525

25116 Nonwoven Geotextile, Class 1 C.Q. S.Y. 421

62527 Seeding, Fertilizing, and Mulching C.Q. L.S. 1

Total

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.1 SCOPE: The purpose of this project is to mitigate streambed degradation and erosion issues at the outlet structure of Turkey Fork Lake, located in the Turkey Fork Recreation Area on the Chickasawhay Ranger District in the De Soto National Forest

1.2 Project Location: The site is located in Section 4, T4N, R7W, Greene County, Mississippi. From Sand Hill, go 0.6 mile north on Highway 63 and turn right on Highway 42. Go 1.3 miles on Highway 42 and take a right on

Turkey Fork Road. Go 2.7 miles on Turkey Fork Road and turn left into the Turkey Fork Recreation Area. Go 250’ and bear right, then continue for another 0.4 mile and the project site will be on the right.

1.3 Description of Work Due to the nature of this project, it will be scheduled for the dry months of the year. Prior to the beginning of work, the Forest Service will lower the lake level in an attempt to provide the contractor a reasonable window of time to complete the work without water flowing from the outlet structure.

However, there obviously cannot be any guarantees as to the lake level or whether or not the outlet will flow since this will be dependent on the whims of nature.

Remove all riprap, concrete, asphalt, etc. from the eroded areas on each side of the outlet structure behind the wingwalls and place it in low spots in the channel immediately downstream of the outlet structure. Break up the undermined portions of the paved concrete ditch on the east side of the structure and place it similarly in the channel.

Place and compact select fill in the eroded areas behind each wingwall and adjacent to the paved concrete ditch.

Slope and finish to match adjacent grade. Excavate beforehand if and as necessary to ensure no voids are left under the fill material. The fill is to be placed in 12” lifts and compacted with a vibratory rammer compactor, or similar equipment designed for the task, until there is no visible evidence of further consolidation.

Place geotextile on all areas to be armored with riprap. Geotextile shall also be placed from the channel bottom up the face of the outlet structure and wingwalls to the top of the riprap. Geotextile shall conform to the properties listed for Class 1 nonwoven in Table 714-1.

Place 200-pound riprap as shown in the plans. Place riprap, underlain by geotextile, as necessary to tie in the end of the paved ditch to the riprapped area. Place riprap, underlain by geotextile, in any other area determined by the onsite engineer to be necessary for the stabilization of the outlet basin.

On all disturbed areas, spread Bahia grass seed at the rate of 20 pounds per acres and 13-13-13 fertilizer at the rate of

500 pounds per acre. If seeding is done from September 1 to February 28, in addition to the above spread rye grass seed at the rate of 80 pounds per acre.

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

Pre-Bid Tour. No pre-bid tour is planned. For more information phone Jessica Bane 601-428-0594x 245

Start Work. It is estimated that work will begin on June 1, 2021.

See pictures of the site below after the sitemap.

12444221Q0014 Page 4 of26

TITLE SHEET

PROFILE

THE NATIONAL FORESTS IN

DE SOTO NATIONAL FOREST

CHICKASAWHAY RANGER DISTRICT

TURKEY FORK SPILLWAY STABILIZATION

SOUTHERN REGION

Caring for the land and serving people

CROSS SECTIONS

SUMMARY OF ESTIMATED QUANTITIES,

GENERAL NOTES, AND LEGEND

GREENE COUNTY, MISSISSIPPI

FOREST ENGINEER DATE

DISTRICT RANGER DATE

DESCRIPTIONSHEET

S H E E T I N D E X

PREPARED:

APPROVED:

DE SOTO

HOMOCHITTO

DELTA

TOMBIGBEE

BIENVILLE

HOLLY

SPRINGS

Tupelo

Meridian

Cleveland

Hattiesburg

Vicksburg

Jackson PROJECT

LOCATION

PLAN VIEW

12444221Q0014

NATIONAL FORESTS IN MISSISSIPPI

PLAN VIEW

TURKEY FORK SPILLWAY STABILIZATION SHEET 3 OF 5

40'

30'

20' 10'

TOP BANK

AREA TO BE ARMORED WITH RIPRAP

PAVED CONCRETE DITCH

PRIMARY SPILLWAY OUTLET

ERODED AREAS

12444221Q0014

PROFILE

TURKEY FORK SPILLWAY STABILIZATION SHEET 4 OF 5

BM1 (TOP OF DOWNSTREAM END OF RIGHT WINGWALL)

ELEV. = 177.16

TOP OF RIPRAP, ELEV. = 169.7

3' - 4" 16'

3' - 7"

24'

CREST OF

END SILL

2" DIAMETER

WEEP HOLES

Turkey Fork Spillway Stabilization, Chickasawhay Ranger District National Forests in Mississippi

12444221Q0014

CROSS SECTIONS

TURKEY FORK SPILLWAY STABILIZATION SHEET 5 OF 5

END OF WINGWALLS

8' DOWNSTREAM OF END OF WINGWALLS

16' DOWNSTREAM OF END OF WINGWALLS

28' DOWNSTREAM OF END OF WINGWALLS

40' DOWNSTREAM OF END OF WINGWALLS

7' - 9" 7' - 9"

RIPRAP CONFIGURATION TYPICAL OF ALL CROSS SECTIONS

ALL CROSS SECTIONS ARE LOOKING DOWNSTREAM

40'

30'

20' 10'

12444221Q0014 Page 8 of 26Turkey Fork Spillway Stabilization, Chickasawhay Ranger

12444221Q0014

1.4 SAFETY

SAFETY: During the life of this contract, the contractor is required to maintain a site-specify Safety Plan. The Contractor responsible for ensuring that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this contract. The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR

1910-1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

1.5 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Fuel and Machine Fluids. The contractor shall instruct employees in environmental protection practices. The contractor is responsible for operating under conditions which preclude the waste of fuel or spoiling the environment. Machine fluids (fuel, oils, coolants, etc.) shall not be drained on the ground or allowed to enter any watercourse. Inadvertent spills shall be contained immediately and the Contracting Officer’s Representative shall be notified immediately. Promptly remediate the spill unless otherwise directed by authorities.

1.6 DOCUMENTATION AND RECORDS.

(a) The contractor shall maintain records of accomplishment. These reports shall be turned as requested for quality assurance/inspection purposes by the COR.

(B) All documentation, records and schedules as described in the SOO that are the responsibility of the contractor, are the property of the Government and shall be turned over to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and/or Privacy Acts and any requests for release of any records shall be handled accordingly.

1.7 BIOPREFERRED STATEMENT

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order

(EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

1.8 STANDARD SPECIFICTATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. FP-03 U.S. Customary Units are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. Copies of these Specifications are available on the internet at www.wfl.fha.dot.gov/design/specs/fp03.htm http://www.osha.gov/

12444221Q0014

Carpets Insulating Foam

Cement and Concrete Roof Coatings

Composite Panels Water Tank Coatings

Concrete and Asphalt Cleaners Wood and Concrete Sealers

Erosion Control Materials Wood and Concrete Stains

Flowable Fill

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification and the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts and report in http://www.sam.gov, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during contract performance.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments to Statements 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.

http://www.biopreferred.gov/ http://www.sam.gov/

Turkey Fork Spillway Stabilization,Chickasawhay

Ranger District National Forests in Mississippi

12444221Q0014

SECTION D--PACKAGING AND MARKING

{There are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 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 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 30 days.

The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek--Construction Schedule (Nov 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 40 hours per week.

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/ https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

Turkey Fork Spillway Stabilization, Chickasawhay

Ranger District National Forests in Mississippi

12444221Q0014

SECTION G--CONTRACT ADMINISTRATION DATA

INVOICE PROCESSING PLATFORM (IPP): The "Submit Invoice-to" address for USDA orders is the Department of Treasury's

Invoice Processing Platform (IPP). This platform is managed by the U.S. Department of Treasury and additional information is available at this website https://www.ipp.gov/index.htm.

Please have the following information available when submitting your invoices through IPP: (1) date of invoice; (2) date services were performed; (3) a unique invoice number; (4) description of the services performed; (5) the award number.

Invoices submitted without all the elements of a proper invoice will be returned and will result in delayed payments. Also, your SAM registration must stay active in order for you to continue receiving payments.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

{There are NO clauses in this Section}

SECTION I--CONTRACT 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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1

52.203-3

52.203-5

52.203-6

52.203-7

52.203-8

52.203-10

52.203-12

52.203-17

52.204-4

52.204-7

52.209-6

52.209-9

52.211-18

52.215-2

52.219-6

52.219-8

52.219-14

52.219-28

52.222-3

52.222-4

52.222-6

52.222-7

52.222-8 52.222-9

Definitions (NOV 2013)

Gratuities (APR 1984)

Covenant Against Contingent Fees (May 2014)

Restrictions on Subcontractor Sales to the Government (Jun 2020)

Anti-Kickback Procedures (Jun 2020)

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020)

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

System for Award Management (OCT 2018)

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Jun 2020)

Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)

Variation in Estimated Quantity (APR 1984)

Audit and Records—Negotiation (Jun 2020)

Notice of Total Small Business Set-Aside (Nov 2020)

Utilization of Small Business Concerns (Oct 2018)

Limitations on Subcontracting (Mar 2020)

Post-Award Small Business Program Rerepresentation (Nov 2020)

Convict Labor (JUN 2003)

Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2018)

Construction Wage Rate Requirements (Aug 2018)

Withholding of Funds (MAY 2014)

Payrolls and Basic Records (Aug 2018)

Apprentices and Trainees (JUL 2005) http://www.ipp.gov/index.htm https://www.acquisition.gov/far/index.html

12444221Q0014

52.222-10

52.222-11

52.222-12

52.222-13

52.222-14

52.222-15

52.222-21

52.222-26

52.222-27

52.222-35

52.222-36

52.222-37

52.222-40

52.222-50

52.222-55

52.223-2

52.223-3

52.223-5

52.223-6

52.223-15

52.223-17

52.223-18

52.225-13

52.227-1

52.227-2

52.227-4

52.228-2

52.228-5

52.228-11

52.228-12

52.228-14

Compliance with Copeland Act Requirements (FEB 1988)

Subcontracts (Labor Standards) (MAY 2014)

Contract Termination -- Debarment (May 2014)

Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

Disputes Concerning Labor Standards (FEB 1988)

Certification of Eligibility (MAY 2014)

Prohibition of Segregated Facilities (APR 2015)

Equal Opportunity (SEP 2016)

Affirmative Action Compliance Requirements for Construction (APR 2015)

Equal Opportunity for Veterans (Jun 2020)

Equal Opportunity for Workers with Disabilities (Jun 2020)

Employment Reports on Veterans (Jun 2020)

Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

Combating Trafficking in Persons (Oct 2020)

Minimum Wages Under Executive Order 13658 (Nov 2020)

Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

Hazardous Material Identification and Material Safety Data. (Feb 2021)

Pollution Prevention and Right-to-Know Information (MAY 2011)

Drug-Free Workplace (MAY 2001)

Energy Efficiency in Energy-Consuming Products. (May 2020)

Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018)

Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020)

Restrictions on Certain Foreign Purchases (Feb 2021)

Authorization and Consent (Jun 2020)

Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

Patent Indemnity -- Construction Contracts (DEC 2007)

Additional Bond Security (OCT 1997)

Insurance—Work on a Government Installation (JAN 1997)

Pledges of Assets (Feb 2021)

Prospective Subcontractor Requests for Bonds (May 2014)

Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds – Construction (Jun 2020)

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)

52.233-1 Disputes (MAY 2014)

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) Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) Alternate I (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) https://www.acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1188603

12444221Q0014

52.236-26

52.242-13

52.243-4

52.243-5

52.244-6

52.245-1

52.246-21

52.248-3

52.249-2

52.249-10 52.253-1

452.232-70

452.236-72

452.236-73

452.236-74

452.236-76 452.236-77

Preconstruction Conference (FEB 1995)

Bankruptcy (JUL 1995)

Changes (JUN 2007)

Changes and Changed Conditions (APR 1984)

Subcontracts for Commercial Items (Nov 2020)

Government Property (JAN 2017)

Warranty of Construction (MAR 1994)

Value Engineering – Construction (Oct 2020)

Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996)

Default (Fixed-Price Construction) (APR 1984)

Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

Use of Premises (NOV 1996)

Archeological or Historic Sites (FEB 1988)

Control of Erosion, Sedimentation and Pollution (NOV 1996)

Samples and Certificates (FEB 1988)

Emergency Response (NOV 1996)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer of the awarded task order.

FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt41t42%2B250%2B1286%2B%2B%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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FAR 52.225-9 Buy American—Construction Materials (Feb 2021)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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—

(3) 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

(4) 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.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (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 item 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. 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 6 percent;

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(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting

Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

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AGAR 452.228-71 Insurance Coverage (Nov 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a

Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

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

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

FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

List of Attachments Number of Pages

Wage Determination: The following wage determination and any revisions issued apply to this project:

https://beta.sam.gov/wagedetermination/MS20200094/1?index=wd&keywords=&is_active= true&sort=modifiedDate&date_filter_index=0&date_rad_selection=date&wdType=dbra&co nstruction_type=Highway&state=MS&county=14358&page=1

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

52.204-19 Incorporation by Reference of Representations and Certifications.

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications.

52.236-28 Preparation of Proposals-Construction.

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (NOV 1996)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

--NAICS Code 237310

--Size Standard 39.5 million

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Mar 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 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) 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 part 13;

https://www.acquisition.gov/far/index.html

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(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) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-

Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for

Award Management.

(v) 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

This provision applies to all solicitations.

(ix) 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.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the

Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(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.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-

26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 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 items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of

USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

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(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA– designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than$80,317, the provision with its Alternate II applies.

(D) If the acquisition value is$80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiii) 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.

(xxiv) 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) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment- Certification.

(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.sam.gov. After reviewing the SAM database 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 identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

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

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .