12445125R0002 SF1442 Complete without attachments 05222025.pdf
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- Attached to
- USDA-FS GWJ NF Call for Quals Design-Build Virginia Creeper Bridge(s) /Trail(s) Reconstruction
- Solicitation number
- 12445125R0002
- Issued by
-
Department of Agriculture Forest Service
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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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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