NEW Solicitation 12445121R0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA-FS CSA EAST 11

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

Jay Tobin (jay.g.tobin@usda.gov)

JAY TOBIN (501) 321-5324

1x 01/21/2021

12445121R0001

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

Offerors are invited to respond to this Request for Proposals to install culverts and perform various road maintenance activities (such as grading of aggregate surfaced roads, spot surface repairs, and cleaning and reshaping of ditches) on existing Forest System Roads within the boundaries of the National Forests and

Grasslands in Texas.

This Request for Proposals which will result in award of one or more (pre-priced) performance-based requirements contracts for a base period of performance from the date of award through March 31, 2022, plus two (2) one-year option periods.

Submission of an offer for the base contract period constitutes an offer to perform in the option period(s), if exercised. This project is set-aside 100% for small businesses. Award will be made based on the best value to the government.

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.)

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

FAR 52.211-10 in Section F

02/22/2021

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-FS CSA EAST 11

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

JAY G. TOBIN

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12445121R0001

Period of Performance: 04/01/2021 to 03/31/2024

0001 Facilities Construction Services

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information

(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600

(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272

(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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

Sponsored by GSA

FAR (48 CFR) 53.110

12445121R0001 Culvert Installation/Road Maintenance

National Forests and Grasslands in Texas

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES

SECTON C – STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPS, CERTS, AND OTHER STATEMENTS OF BIDDERS

SECTION L – INSTRUCTIONS TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1. LOCATION OF WORK

Offerors are invited to respond to this Request for Proposals to install culverts and perform various road maintenance activities (such as grading of aggregate surfaced roads, spot surface repairs, and cleaning and reshaping of ditches) on existing Forest System Roads within the boundaries of the National Forests and Grasslands in Texas. These projects will be under the following NAICS code: 237310.

Culvert installation will be primarily to replace failed or damaged culverts; however, new locations may also be required. This activity is considered construction, Davis-Bacon wage rates apply, and payment/performance bonds (or alternate forms of payment protection) may be required based on the value of the awarded task order. There is not a separate line item for bonding; it should be included under mobilization.

Road maintenance is considered a service that falls under Service Contract Act wage rates.

Applicable wage rates will be determined by the preponderance of work on individual task orders.

EACH OFFEROR SHALL IDENTIFY THE DISTRICT(S) FOR WHICH THEY WISH TO BE

CONSIDERED FOR AWARD (and complete the appropriate schedules that follow).

Angelina / Sabine

Davy Crockett / Sam Houston

LBJ / Caddo Grasslands

2. SCOPE

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully perform required services.

This Request for Proposals which will result in award of one or more (pre-priced) performance-based requirements contracts for a base period of performance from the date of award through March 31, 2022, plus two (2) one-year option periods. Submission of an offer for the base contract period constitutes an offer to perform in the option period(s), if exercised. This project is set-aside 100% for small businesses. Award will be made based on the best value to the government.

SITE VISIT - An organized site visit is not scheduled. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

ORDERING PROCEDURES - Individual task orders will originate at the District level for work to be accomplished and will be awarded to the contractor selected for that District by a warranted Contracting Officer or Purchasing Agent.

OFFERORS SHALL BE REGISTERED TO SAM IN ACCORDANCE WITH FAR 52.204-7 AND RESPOND

TO ALL INSTRUCTIONS INCLUDED IN SECTION L. OFFERORS WHO FAIL TO MEET THESE

REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

ANGELINA / SABINE NATIONAL FORESTS

Item Task/Subtask Description

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

CULVERT INSTALLATION TASKS (CONSTRUCTION)

15101 Mobilization LS 2

15702 Silt fence FT 200

20104 Clearing and grubbing AC 1

20302 Removal of existing culvert EA 60

20407(C) Select borrow, compaction method ‘B’, (Commercial) CY 100

25102 Placed riprap, class ‘III’ TN 50

25116 Geotextile, type ‘IV-B’ SY 100

32209(F) Aggregate surface course, TXDOT Grade A, Type 2 method ‘B’

TN 50

60211(18) 18 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(24) 24 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(30) 30 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(36) 36 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(42) 42 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(48) 48 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(54) 54 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(60) 60 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(66) 66 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(72) 72 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60253(35) 35 Inch Span, 24 Inch Rise Corrugated Steel Pipe Arch, .064 Inch Thickness

FT 40

Description

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

60253(42)

42 Inch Span, 29 Inch Rise Corrugated Steel Pipe Arch, .064 Inch Thickness

FT 40

60253(49)

49 Inch Span, 33 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(53)

53 Inch Span, 41 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(66)

66 Inch Span, 51 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(81)

81 Inch Span, 59 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60258(18) 18 Inch Reinforced concrete pipe, class III FT 40

60258(24) 24 Inch Reinforced concrete pipe, class III FT 40

60260(22)

22 Inch Rise, 13.5 Inch span, arch-shaped reinforced concrete pipe, class A-III

FT 40

60260(28)

28.5 Inch Rise, 18 Inch

span, arch-shaped reinforced concrete pipe, class A-III

FT 40

62527 Seeding, Fertilizing, and Mulching, Hydraulic or Dry Method

AC 1

63501 Temporary traffic control DY 2

ROAD MAINTENANCE TASKS (SERVICE)

0109(01) Grading Aggregate Surfaced Roads MI 350

0113(01) Spot Surface Repair, Crushed Aggregate TN 1500

0113(02) Spot Surface Repair, Crushed Aggregate, Size 1”x 3” Limestone

TN 100

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

0114(01) Furnishing and Placing Backfill Material CY 250

0117(01) Spot Premix Patching Paved Roads TN 250

0301(01) Clean and Reshape Ditches MI 25

0301(02) Clean and Reshape Wing and Leadoff Ditches

EA 50

0301(03) Drainage Excavation Type Wing with J-hook LF 500

0301(04) Drainage Excavation Type Lead-Off LF 500

0306(01) Culvert Repair EA 30

0307(01) Cleaning of Cattle Guards EA 1

0310(01) Clean Culverts EA 50

0401(01) Routine Mowing MI 150

0401(02) Reclamation Mowing MI 50

0402(01) Roadside Clearing MI 20

0408(01) Seed and Fertilize AC 10

0415(01) Machine Placed Riprap TN 250

0504(01) Hazard tree Removal and Disposal EA 20

0710(01) Sign Installation and Maintenance EA 10

0801(01) Equipment Rental- Backhoe HR 16

0801(02) Equipment Rental- Dump Truck HR 16

0801(03) Equipment Rental- Dozer HR 16

0801(04) Equipment Rental- Grader HR 16

0801(05) Equipment Rental- Trackhoe HR 16

DAVY CROCKETT / SAM HOUSTON NATIONAL FORESTS

Description

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

CULVERT INSTALLATION TASKS (CONSTRUCTION)

15101 Mobilization LS 2

15702 Silt fence FT 200

20104 Clearing and grubbing AC 1

20302 Removal of existing culvert EA 60

20407(C) Select borrow, compaction method ‘B’, (Commercial) CY 100

25102 Placed riprap, class ‘III’ TN 50

25116 Geotextile, type ‘IV-B’ SY 100

32209(F) Aggregate surface course, TXDOT Grade A, Type 2 method ‘B’

TN 50

60211(18) 18 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(24) 24 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(30) 30 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(36) 36 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(42) 42 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(48) 48 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(54) 54 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(60) 60 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(66) 66 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(72) 72 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60253(35) 35 Inch Span, 24 Inch Rise Corrugated Steel Pipe

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

60253(42)

42 Inch Span, 29 Inch Rise Corrugated Steel Pipe Arch, .064 Inch Thickness

FT 40

60253(49)

49 Inch Span, 33 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(53)

53 Inch Span, 41 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(66)

66 Inch Span, 51 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(81)

81 Inch Span, 59 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60258(18) 18 Inch Reinforced concrete pipe, class III FT 40

60258(24) 24 Inch Reinforced concrete pipe, class III FT 40

60260(22)

22 Inch Rise, 13.5 Inch span, arch-shaped reinforced concrete pipe, class A-III

FT 40

60260(28)

28.5 Inch Rise, 18 Inch

span, arch-shaped reinforced concrete pipe, class A-III

FT 40

62527 Seeding, Fertilizing, and Mulching, Hydraulic or Dry Method

AC 1

63501 Temporary traffic control DY 2

ROAD MAINTENANCE TASKS (SERVICE)

0109(01) Grading Aggregate Surfaced Roads MI 350

0113(01) Spot Surface Repair, Crushed Aggregate TN 1500

0113(02) Spot Surface Repair, Crushed Aggregate, Size

TN 100

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

0114(01) Furnishing and Placing Backfill Material CY 250

0117(01) Spot Premix Patching Paved Roads TN 250

0301(01) Clean and Reshape Ditches MI 25

0301(02) Clean and Reshape Wing and Leadoff Ditches

EA 50

0301(03) Drainage Excavation Type Wing with J-hook LF 500

0301(04) Drainage Excavation Type Lead-Off LF 500

0306(01) Culvert Repair EA 30

0307(01) Cleaning of Cattle Guards EA 1

0310(01) Clean Culverts EA 50

0401(01) Routine Mowing MI 150

0401(02) Reclamation Mowing MI 50

0402(01) Roadside Clearing MI 20

0408(01) Seed and Fertilize AC 10

0415(01) Machine Placed Riprap TN 250

0504(01) Hazard tree Removal and Disposal EA 20

0710(01) Sign Installation and Maintenance EA 10

0801(01) Equipment Rental- Backhoe HR 16

0801(02) Equipment Rental- Dump Truck HR 16

0801(03) Equipment Rental- Dozer HR 16

0801(04) Equipment Rental- Grader HR 16

Trackhoe HR 16

LBJ / CADDO GRASSLANDS

Description

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

CULVERT INSTALLATION TASKS (CONSTRUCTION)

15101 Mobilization LS 2

15702 Silt fence FT 200

20104 Clearing and grubbing AC 1

20302 Removal of existing culvert EA 60

20407(C) Select borrow, compaction method ‘B’, (Commercial) CY 100

25102 Placed riprap, class ‘III’ TN 50

25116 Geotextile, type ‘IV-B’ SY 100

32209(F) Aggregate surface course, TXDOT Grade A, Type 2 method ‘B’

TN 50

60211(18) 18 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(24) 24 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(30) 30 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(36) 36 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(42) 42 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(48) 48 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(54) 54 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(60) 60 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(66) 66 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60211(72) 72 Inch Corrugated Steel Pipe .064 Inch Thickness FT 40

60253(35) 35 Inch Span, 24 Inch Rise Corrugated Steel Pipe

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

60253(42)

42 Inch Span, 29 Inch Rise Corrugated Steel Pipe Arch, .064 Inch Thickness

FT 40

60253(49)

49 Inch Span, 33 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(53)

53 Inch Span, 41 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(66)

66 Inch Span, 51 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60253(81)

81 Inch Span, 59 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

FT 40

60258(18) 18 Inch Reinforced concrete pipe, class III FT 40

60258(24) 24 Inch Reinforced concrete pipe, class III FT 40

60260(22)

22 Inch Rise, 13.5 Inch span, arch-shaped reinforced concrete pipe, class A-III

FT 40

60260(28)

28.5 Inch Rise, 18 Inch

span, arch-shaped reinforced concrete pipe, class A-III

FT 40

62527 Seeding, Fertilizing, and Mulching, Hydraulic or Dry Method

AC 1

63501 Temporary traffic control DY 2

ROAD MAINTENANCE TASKS (SERVICE)

0109(01) Grading Aggregate Surfaced Roads MI 25

0113(01) Spot Surface Repair, Crushed Aggregate TN 300

0113(02) Spot Surface Repair, Crushed Aggregate, Size

TN 75

Unit of Measure

Estimated Quantity*

Unit Prices

Base Year Option Yr 1 Option Yr 2

0114(01) Furnishing and Placing Backfill Material CY 75

0117(01) Spot Premix Patching Paved Roads TN 25

0301(01) Clean and Reshape Ditches MI 50

0301(02) Clean and Reshape Wing and Leadoff Ditches

EA 120

0301(03) Drainage Excavation Type Wing with J-hook LF 120

0301(04) Drainage Excavation Type Lead-Off LF 15

0306(01) Culvert Repair EA 1

0307(01) Cleaning of Cattle Guards EA 15

0310(01) Clean Culverts EA 25

0401(01) Routine Mowing MI 15

0401(02) Reclamation Mowing MI 5

0402(01) Roadside Clearing MI 7.5

0408(01) Seed and Fertilize AC 50

0415(01) Machine Placed Riprap TN 15

0504(01) Hazard tree Removal and Disposal EA 10

0710(01) Sign Installation and Maintenance EA 8

0801(01) Equipment Rental- Backhoe HR 8

0801(02) Equipment Rental- Dump Truck HR 8

0801(03) Equipment Rental- Dozer HR 8

0801(04) Equipment Rental- Grader HR 8

Trackhoe HR 8

SECTION C – STATEMENT OF WORK

OVERVIEW

This solicitation will result in one or more requirements contracts as best meets the needs of the Government on the basis of technical capability, past performance, and price. The contract(s) will have a one-year base period, which runs through March 31, 2022 and two one-year option periods, which if exercised could extend contract performance through March 31, 2024. There is no guarantee that any options will be exercised by the Government.

SCOPE OF CONTRACT

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete awarded projects. Specific requirements and applicable wage rate determinations will be provided with each individual task order issued.

Culvert Installation - The work to be performed under this contract is comprised of installation of 18”, 24”, 30” 36”, 48”, 60” and 72” diameter; 21”x 15”, 28”x 20”, 35”x 24”, 42”x 29”, 49”x33”, 53”x 41”, 66”x 51”, and 81”x 59” arch polymeric or aluminum coated corrugated steel pipe as per the schedule of items. The work also includes installation of 18” and 24” diameter reinforced concrete pipe and pipe arch equivalents. The work will include all bedding and backfill (borrow) required to complete the work; removal, and disposal of existing culverts off government property; placement of riprap; aggregate road surfacing; and seeding and mulching. Steel culverts 36” in diameter and larger will require step beveled ends when shown on the attached drawings. Culverts 40 feet long and less shall be one continuous pipe segment; no banding. Culverts longer than 40 feet may be banded. The work consists of activities normally associated with culvert installation. Specifications are attached in Section J.

Road Maintenance - Work includes but is not limited to grading aggregate surfaced roads, spot surface repair (crushed aggregate), spot premix patching paved roads, clean and reshape ditches, clean and reshape wing and leadoff ditches, culvert repair, cleaning of cattle guards, cleaning culverts, roadside mowing, roadside clearing, seed and fertilizing, machine placed riprap, hazard tree removal and disposal, sign installation and maintenance, and equipment rental for other identified projects. Specifications are attached in Section J.

PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT: Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

PROJECT LOCATION

All work shall be performed on the National and Forests and Grasslands in Texas at the location(s) identified in individual task orders.

GOVERNMENT-FURNISHED PROPERTY

Unless otherwise agreed upon, any government furnished construction materials incorporated into the work shall be delivered to or near the project site(s) by the Government as identified on the Task Order. Contractor is responsible for protection of property provided in accordance with FAR 52.245-1.

EQUIPMENT

All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. All repairs to equipment under this contract shall be made and paid for by the Contractor.

Equipment may be owned, rented, or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. If using equipment on multiple Task Orders at one time, or if there are long mobilization distances between sites on the same Task Order, the Contracting Officer may require cleaning of equipment between the project sites.

Upon concurrence from the Contracting Officer or COR, certain areas on the Forest may be used on a case-by-case basis for storage of equipment and/or materials during active performance periods. The Contractor shall be responsible for protection of items stored on Government property and shall ensure adequate safety measures are maintained at such sites.

TECHNICAL SPECIFICATIONS

Specifications for work will be in the most current edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) and associated supplemental specifications will be issued with each Task Order.

All culverts will be subject to compaction method ‘B’ and all steel pipe culverts will be polymer coated.

Item Nos. 60211(18), 60211(24), 60211(30), 60211(36), 60211(48), 60253(21), 60253(28), 60253(35), 60253(42) and 60253(49) will have 2 2/3” x 1/2” corrugations.

Item Nos. 60211(60), 60211(72), 60253(53), 60253(66) and 60253(81) will have 3” x 1” corrugations.

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price; include bond payments under 151.01 Mobilization.

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.

(End of Clause)

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 contracts.

SECTION D - PACKAGING AND MARKING

{There are no clauses for this Section.}

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

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 the date indicated in individual task orders. The time stated for completion shall include final cleanup of the premises.

FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is an indefinite-delivery indefinite quantity contract for a basic period of performance from date of award through March 31, 2022, plus one additional three-year option period. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised.

Period of Performance Base - Date of Award through March 31, 2022 Option 1 - April 1, 2022, through March 31, 2023 Option 2 - April 1, 2023, through March 31, 2024

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post-Award Conference. (NOV 1996)

Post award conferences with successful offerors may be required. It will be scheduled within two or three weeks after contract award. The conferences will be held via telephone

G.1 INVOICES SHALL BE SUBMITTED TO:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 FOREST SERVICE REPRESENTATIVES:

Jay Tobin will serve as the Contracting Officer on this MATOC. He shall have full warrant authority over all contract issues. He can be reached at jay.g.tobin@usda.gov.

Any Forest Service Contracting Officer or Purchasing Agent may award task orders for work with the scope of these contracts, and within their warrant authority.

A Contracting Officer Representative (COR) shall be appointed for individual task orders; authority and responsibilities shall be defined on a delegation letter issued upon task order award. This delegation shall also contain his/her contact information.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:jay.g.tobin@usda.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor/ Superintendent.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I - CONTRACT CLAUSES

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 these addresses:

www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015) 52.210-1 Market Research. (JUN 2020) 52.211-6 Brand Name or Equal (AUG 1999) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (NOV 2018) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAR 2018) 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (AUG 2018) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations. (MAY 2014) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (JAN 2018) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2015) DELETED 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 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) 52.233-1 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) 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) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.2052.236.26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR) CLAUSES INCORPORATED BY REFERENCE:

452.236-71 Prohibition against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

FAR 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through all option periods that are exercised.

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

(c) Orders will be issued by electronic commerce methods.

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after five years from date of contract award.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years, six months.

AGAR 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000 to each awarded contractor, but not in excess $5,000,000.

FAR 52.225-9 Buy American Act - Construction Materials. (MAY 2014)

(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--

(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…