12445125R0002 SF1442 Complete without attachments 05222025.pdf

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USDA-FS GWJ NF Call for Quals Design-Build Virginia Creeper Bridge(s) /Trail(s) Reconstruction
Solicitation number
12445125R0002
Issued by

About this file

This Standard Form 1442 (SF 1442) solicitation is for a design-build contract to reconstruct the eastern 18 miles of the Virginia Creeper National Recreation Trail (VCNRT) in Washington and Grayson Counties, Virginia. The project, estimated to cost between $200-300 million, will address extensive damage from Tropical Storm Helene in September 2024, which destroyed or damaged 18 of 31 trestles and significant trail infrastructure managed by the USDA Forest Service. The contract is a two-phase procurement with an unrestricted set-aside and small business subcontracting plan, using a best value tradeoff process under FAR 15.101-1.

Key contract details include a 365-day performance period, with Phase I being a call for qualifications and Phase II a firm-fixed price design-build contract. Submission deadline for Phase I qualifications is 07/09/2025 at 1:00 PM ET, with potential contract award following a comprehensive evaluation. The project requires reconstructing the trail in its original footprint while maintaining the existing 2%-7% grade, replacing trestles, repairing treadway, and restoring associated trail features. Contractors must be prepared to handle complex reconstruction in a rugged, remote landscape, with work spanning from Damascus to Whitetop Station, Virginia.

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Other files

File Type Posted
12445125R0002 0006 Phase II Q Asked and Site Visit QA FINAL 08272025.pdf PDF
12445125R0002 0005.pdf PDF
12445125R0002 Phase II Questions Asked 08082025.pdf PDF
12445125R0002 Virginia Creeper Site Visit Locations Read ahead.pdf PDF
12445125R0002 004.pdf PDF
12445125R0002 Phase I Selectee Notice SAM.GOV SIGNED.pdf PDF
12445125R0002 0003.pdf PDF
12445125R0002 0002 07102025.pdf PDF
12445125R0002 Questions Asked 07092025 REV7 FINAL PHASE I.doc DOC document
NEW 12445125R0002 0001 REV 4 06302025.pdf PDF
NEW Attachment 07 - Section L Submission Instructions 06302025 V2.pdf PDF
NEW Attachment 02 SECTION C SOW Version 06302025.pdf PDF
12445125R0002 Questions Asked 06302025 REV6.doc DOC document
NEW Attachment 08 - Section M Evaluations Factors 06302025 V2.pdf PDF
12445125R0002 VA Creeper Call for Quals Pre-Proposal Conference Number Two - Attendance report 6-09-25.xlsx XLSX spreadsheet
12445125R0002 VA Creeper Call for Quals Pre-Proposal Conference Number Two.docx DOCX document
Attachment 13 - Architect-Engineering Past Performance Questionnaire Fillable.pdf PDF
Attachment 14 Key Personnel Resume Fillable.pdf PDF
Attachment 08 - Section M Evaluations Factors 05212025.pdf PDF
12445125R0002 VA Creeper Pre-Proposal Conference One 6-02-25.docx DOCX document
Attachment 01 Schedule B Supplies or Services and Prices 03262025.pdf PDF
Attachment 04 NRM VA Creeper Trail Features.pdf PDF
Attachment 11 Architect- Engineering Experience Form.docx DOCX document
Attachment 03 Davis-Bacon Act WD GRAYSON AND WASHINGTON.pdf PDF
12445125R0002 VA Creeper Pre-Proposal Conference One Attendance report 6-02-25.xlsx XLSX spreadsheet
12445125R0002 Questions Asked 06062025 REV2.doc DOC document
VCT Preproposal Conference Presentation.pptx PPTX presentation
Attachment 10 Construction Experience Form.docx DOCX document
Attachment 15 Example-SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE.docx DOCX document
Attachment 09 12445125R0002 Subcontract Plan Evaluation.xls XLS spreadsheet
Attachment 05 VCT Dec 2024 Damage Map.pdf PDF
Attachment 16 PARTICIPATION GOALS FOR MINORITIES AND FEMALES.pdf PDF
Attachment 12 Construction Past Performance Questionnaire Fillable.pdf PDF
Attachment 06 VCNRT Restoration Map.pdf PDF
Attachment 07 - Section L Submission Instructions 05222025.pdf PDF
Attachment 02 SECTION C SOO Version 05052025 FINAL.pdf PDF
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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

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

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

4451 8. ADDRESS OFFER TO

Subject Line: 12445125R0002 Call for Quals send to: Steven.Alves@usda.gov cc: richard.huffman@usda.gov Call To Confirm Receipt: 859-745-3131

a. NAME

Steven J Alves

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

859-745-3131

1x 05/22/2025

12445125R0002

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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.)

365 10 ______ 0 calendar days and complete it within ________________ calendar days after receiving

Alt Schedule /Trade-Off

a. Sealed offers in original and

07/09/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

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

Project Title: USDA-FS GWJ Virginia Creeper Bridge and Trail Reconstruction Design-Build

Original Set Aside: Unrestricted with FAR 52.219-9 Small Business Subcontracting Plan

NAICS Code: 237310 Highway, Street, and Bridge Construction

PSC: Z2LB Repair or Alteration of Highways/roads/streets/bridges/railways

Type of Contract: This is a Call for Qualifications which will result in award of a firm-fixed price contract. The Phase II Firm Fixed Price Award will be made using a Best Value Tradeoff Process under FAR 15.101-1.

Disclosure of the magnitude: Estimated to be between $200,000,000 - $300,000,000.

Location: The project is in Washington and Grayson County and outside the City of Damascus, Virginia and Whitetop Station, VA. The links below provide geo-location of the bridges and can provide insight via google earth or other imaging services (NON-GOVERNMENT WEBSITES for reference only!)

• https://www.vacreepertrail.us/ The Destruction of the Virginia Creeper Trail - Whitetop to Damascus - September 2024 (non-governmental)

REFERENCE ONLY

• https://www.youtube.com/watch?v=SYenstLgYPM The Creeper Trail, Damascus VA: Documenting Hurricane Helene's Destruction (non-governmental) – REFERENCE ONLY

Scope of Work (summarized) (https://www.vacreepertrail.org/): Approximately eighteen miles of the thirty –four-mile Creeper Trail managed by the Mount Rogers National Recreation Area of the George Washington and Jefferson National Forests, from Damascus to Whitetop, have been devastated. To date, eighteen trestles have been lost – destroyed or washed away. In extended sections, the trail itself no longer exists… reclaimed by the rushing, flooded creeks. Trailheads, parking lots, access points, amenities and signage have also been either destroyed or damaged.

This project is intended to address the damages sustained from Hurricane Helene, deferred maintenance, accommodate changes in use, improve accessibility, functionality, longevity, sustainability and safety of the trail along the Forest Service section of the VCNRT. The approximate limits of construction are from the City of Damascus (Milepost 0.0) to Whitetop Station (Milepost 18.3).

Bid Bond Not Required for Phase I / Phase II Requires Bid Bond, Pay-Performance Bonds Verification, and Safety Record details See Attachment 07 and 08 for specific submittal details and deadlines.

Phase II dates will be updated via amendment - Only those selected best qualified will complete under Phase II.

1148782

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

STEVEN J. ALVES

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

X

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12445125R0002

Period of Performance: 10/01/2025 to 09/30/2026

Debri/Cleanup/Demolition- Bridge and Trails

01 - Mile Marker 0 -5 $SEE DETAILED SCHEDULE B 01 - Mile Marker 5 -10 $SEE DETAILED SCHEDULE B 01 - Mile Marker 10-15 $SEE DETAILED SCHEDULE B 01 - Mile Marker 15-20 $SEE DETAILED SCHEDULE B

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

DESIGN of BRIDGES

01 Block 0-5 Mile $SEE DETAILED SCHEDULE B 02 Block 5-10 Mile $SEE DETAILED SCHEDULE B 03 Block 10-15 Mile $SEE DETAILED SCHEDULE B 04 Block 15-20 Mile $SEE DETAILED SCHEDULE B Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

DESIGN of TRAILS

01 Block 0-5 Mile $SEE DETAILED SCHEDULE B 02 Block 5-10 Mile $SEE DETAILED SCHEDULE B 03 Block 10-15 Mile $SEE DETAILED SCHEDULE B 04 Block 15-20 Mile $SEE DETAILED SCHEDULE B Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

CONSTRUCTION of BRIDGES

01 Block 0-5 Mile $SEE DETAILED SCHEDULE B 02 Block 5-10 Mile $SEE DETAILED SCHEDULE B 03 Block 10-15 Mile $SEE DETAILED SCHEDULE B 04 Block 15-20 Mile $SEE DETAILED SCHEDULE B Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

CONSTRUCTION of TRAILS

01 Block 0-5 Mile $SEE DETAILED SCHEDULE B 02 Block 5-10 Mile $SEE DETAILED SCHEDULE B 03 Block 10-15 Mile $SEE DETAILED SCHEDULE B 04 Block 15-20 Mile $SEE DETAILED SCHEDULE B

Product/Service Code: Z2LB Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12445125R0002 Project Name: Virginia Creeper Trail 2 Step D/B

FAC 2025-03; 17JAN2025

Table of Contents

PART I—THE SCHEDULE

SECTION B

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C

STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

SECTION D

PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J-LIST OF ATTACHMENTS

FAC 2025-03; 17JAN2025

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M-EVALUATION FACTORS FOR AWARD

FAC 2025-03; 17JAN2025

PART I—THE SCHEDULE

SECTION B

B.1 SCHEDULE OF ITEMS

SEE ATTACHMENT 01

B.2 SCHEDULE NOTES

NOTE OVERALL PROGRAM DEADLINE OF 30 SEP 2026.

Alternate Delivery Schedule. The contractor may propose an alternate delivery schedule based upon AE Design, Material Availability, Construction methods, etc. This alternate schedule may be considered by the Government and either accepted or rejected as part of the contractor’s phase II RFP submittal.

FAC 2025-03; 17JAN2025

SECTION C

STATEMENT OF OBJECTIVE

C.1 SCOPE OF CONTRACT

Project Description: This project is for the design-build of the Virginia Creeper Bridge and Trail Reconstruction. The Virginia Creeper National Recreation Trail (VCNRT) is a popular thirty-four -mile rail-to-trail in Washington and Grayson Counties in Southwest Virginia. While the western half is owned and managed by the Towns of Abingdon and Damascus, the approximately eighteen miles of the eastern half is owned and managed by the USDA Forest Service. The landscape of the eastern half is rugged and remote, and that portion of the trail sustained heavy damage from Tropical Storm Helene in late September of 2024.

The trail occupies the former footprint of the Abingdon Branch of the Norfolk and Western Railroad and includes forty-seven railroad trestle bridges. The trail’s eastern half, managed by the USDA Forest Service, includes thirty-one trestles, most of which were destroyed or damaged by the storm. Much of the treadway in the trail’s eastern half also sustained heavy damage. This project proposes to reconstruct the eastern 18 miles of the Virginia Creeper National Recreation Trail in its former footprint, while maintaining its former 2%-7% grade, and including trestles, treadway, and identified associated features. SUGGESTED INTERNET INFORMATION https://www.fs.usda.gov/detail/gwj/home/?cid=fseprd1209261. See Attachment 02, Attachment 02 SECTION C SOO Version 04152025 FINAL for complete details.

C.2 PROJECT LOCATION

Location: The project is in Washington and Grayson County and outside the City of Damascus, Virginia and Whitetop Station, VA. This website provides geo-location of the bridges and can provide insight via google earth or other imaging services (NON-GOVERNMENT WEBSITES for reference only!)

https://www.vacreepertrail.us/ The Destruction of the Virginia Creeper Trail - Whitetop to Damascus - September 2024 (non-governmental) – REFERENCE ONLY https://www.youtube.com/watch?v=SYenstLgYPM The Creeper Trail, Damascus VA: Documenting Hurricane Helene's Destruction (non-governmental) – REFERENCE ONLY

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

FAR 36.204 Disclosure of the magnitude. The design and construction cost for this contract is estimated to be between $200,000,000 - $300,000,000.

C.4 TECHNICAL SPECIFICATIONS

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 Objectives/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fs.usda.gov%2Fdetail%2Fgwj%2Fhome%2F%3Fcid%3Dfseprd1209261&data=05%7C02%7Csteven.alves%40usda.gov%7C4d6e9362d3af41a3154008dd51b48eda%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638756558200382215%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=QX0ZJxXY1EA8lT9eOfK7By%2BjxyCEfw5uTXvSeKQkSt4%3D&reserved=0 https://www.vacreepertrail.us/ https://www.youtube.com/watch?v=SYenstLgYPM

FAC 2025-03; 17JAN2025

SECTION D

PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

D.3 NEW MATERIALS

Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

FAC 2025-03; 17JAN2025

SECTION E

INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the government and is responsible for inspection and acceptance of all items to be delivered under this contract.

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FAC 2025-03; 17JAN2025

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-13 Time Extensions (SEP 2000) FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) 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 September 2026__. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR 52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

FAC 2025-03; 17JAN2025

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

N/A

G.2 OTHER REQUIREMENTS

CONTRACTING OFFICER

a) The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) Contracting Officer's Representatives may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

(b) The COR does NOT have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract.

(c) The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work (April 1984).

(d) The COR is appointed in writing and the contractor will receive a copy of the appointment letter.

ADDRESS FOR CORRESPONDENCE

(a) It is the intent of the Government to use electronic means as much as possible while administering this contract.

(b) Administration of this contract is under the cognizance of the Forest Service.

1. The Procuring Contracting Officer (PCO) for this procurement is:

Steven Alves Telephone Number: (859) 334-0524 Steven.alves@usda.gov

2. The Contracting Officer’s Representative (COR) for this procurement will be designated via a separate letter at the time of award.Most correspondence should be sent via e-mail directly to the Contracting Officer Steven Alves at steven.alves@usda.gov . Include the Contract Number on all correspondence.

FAC 2025-03; 17JAN2025

(c) PAYMENT PROCESS

1) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a Schedule of Values including each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(a) The principal categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the COR. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(b) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be listed separately. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

2) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

3) The following are instructions for submitting pay requests:

(a) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the CO and COR. Use of a format that complies with all the requirements of FAR 52.232-5 clause of the contract is mandatory. The “Contractor Payment Application” form will be provided at the Pre-Construction meeting.

(b) The Contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

(c) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the Contracting Officer.

(d) A completed Release of Claims that complies with the requirements of FAR 52.232-5 must be submitted with the request for final payment. A sample format is available from the Contracting Officer.

(ci) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request, e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

FAC 2025-03; 17JAN2025

PAYMENT FOR MATERIALS STORED ON SITE

(a) These terms supplement but do not replace, FAR 52.232-5 Payments Under Fixed-Price Construction Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

(2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit. Costs such as sales tax, freight, handling, pallets, etc., are excluded.

(3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

(i) Certified paid vendor invoices

(ii) Inventory checklists, jointly validated by the contractor, contracting personnel, and/or construction inspector.

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer.

Materials may also be stored in a bonded warehouse offsite if no adequate storage space is available on site

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

(c) 6. INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses specified in Section I:

(1) 52.232-5, Payments Under Fixed -Price Construction Contracts (May 2014)

(2) 52.232-27, Prompt Payment for Construction Contracts (Jan 2017)

(3) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Oct 2018)

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the COR. Invoices that have been verified as correct by the COR shall be emailed to the CO for further verification, unless otherwise instructed by the CO. Once approval has been obtained, the contractor shall submit the invoice to the IPP system for payment.

(c) Progress payments WILL be authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the

FAC 2025-03; 17JAN2025

CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) -- Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

G.8. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 36.201 and FAR 42.1502 (e), the Contractor's performance will be evaluated upon completion of this contract. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

(a) Contractors will be sent an email notice to review and comment, if appropriate, on the performance evaluations. Contractor MUST be registered at the website Contractor Performance Assessment Reporting System in order to receive these evaluations. Contractor must register at https://www.cpars.gov/index.htm A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the Contracting Officer. In lieu of a contract POC, contractors may provide specific individuals to receive this information. Contracting Officers shall be notified at the task order pre-construction meeting of any changes.

(b) Timely performance by the contractor is very important. Failure to perform the work diligently on this contract could result in a negative past performance rating that could affect a contractor’s competitiveness for an award of future contracts.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(a) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(b) The unusually severe weather must actually cause a delay to the completion of the project. The delay https://www.cpars.gov/index.htm

FAC 2025-03; 17JAN2025

must be beyond the control and without the fault or negligence of the contractor.

(c) Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all-weather dependent activities.

(d) Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the Contractor’s Daily Report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

(e) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather workdays, and issue a bilateral modification.

END OF SECTION

FAC 2025-03; 17JAN2025

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

Pursuant to FAR clause FAR 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. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of 500K*500K 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.

H.2 OTHER REQUIREMENTS

(a) The Contractor shall assign to this contract the following key personnel as determined in the section J of this contract.:

(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 shall 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.

END OF SECTION

FAC 2025-03; 17JAN2025

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52) Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant against Contingent Fees (MAY 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) FAR 52.203-14 Display of Hotline Poster(s) (NOV 2021) FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

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

Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) FAR 52.209-1 Qualification Requirements FEB 1995 FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JAN 2025) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAC 2025-03; 17JAN2025

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.210-1 Market Research (NOV 2021) FAR 52.211-5 Material Requirements AUG 2000 FAR 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 FAR 52.211-10 Commencement, Prosecution, and Completion of Work--Alternate I APR 1984 FAR 52.211-12 Liquidated Damages—Construction SEP 2000 FAR 52.211-13 Time Extensions SEP 2000 FAR 52.211-18 Variation in Estimated Quantity APR 1984 FAR 52.215-2 Audit and Records -- Negotiation (JUN 2020) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011) FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (JUN 2020) FAR 52.215-12 Subcontractor Certified Cost or Pricing Data (JUN 2020) FAR 52.215-13 Subcontractor Certified Cost or Pricing Data (JUN 2020) FAR 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010) FAR 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than

Pensions (JUL 2005) FAR 52.215-19 Notification of Ownership Changes (OCT 1997) FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data (NOV 2021) FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data – Modifications (NOV 2021) FAR 52.219-9 Small Business Subcontracting Plan (JAN 2025) 52.219-16 Liquidated Damages - Subcontracting Plan SEP 2021 FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) FAR 52.222-6 Construction Wage Rate Requirements (AUG 2018)(DEVIATION FEB 2025) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014)(DEVIATION FEB 2025) FAR 52.222-12 Contract Termination—Debarment (MAY 2014)(DEVIATION FEB 2025) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (JAN 2025)

FAC 2025-03; 17JAN2025

FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY

2024) (DEVIATION FEB 2025)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021)- Alternate l

(JULY 1995)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) FAR 52.223-21 Foams. (MAY 2024) FAR 52.223-23 Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025)) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-7 Drug-Free Workplace (MAY 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.227-17 Rights in Data-Special Works (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-1 Performance of Work by the Contractor FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAC 2025-03; 17JAN2025

FAR 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)

FAR 52.236-16 Quantity Surveys (APR 1984) Alternate 1 (APR 1984)

FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997)

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

52.236-26 Preconstruction Conference FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017) FAR 52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work FAR 52.243-4 Changes (JUN 2007) FAR 52.244-2 Subcontracts (JUN 2020) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025)

(DEVIATION FEB 2025)

FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2020) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)-Alternate I

(SEP 1996)

FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Limitation of Governments Obligation

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 _CO___ .

(End of clause)

Alternate I (MAY 2008). As prescribed in FAR 23.109(b)(2), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

https://www.acquisition.gov/far/part-23#FAR_23_109

FAC 2025-03; 17JAN2025

(c) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 ( 42 U.S.C.6962(i)(2)(C)):

CERTIFICATION

I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

__________________________ [Signature of the Officer or Employee]

__________________________ [Typed Name of the Officer or Employee]

__________________________ [Title]

__________________________ [Name of Company, Firm, or Organization]

__________________________ [Date]

(End of certification)

FAR 52.225-11 Buy American Act-Construction Materials under Trade Agreements (NOV 2023)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

FAC 2025-03; 17JAN2025

of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro,…

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