12445126B0012.pdf
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- Attached to
- Bent Creek Superintendent's Residence Repairs Federal contract opportunity
- Solicitation number
- 12445126B0012
About this file
This is an Invitation for Bid (IFB) for construction services to repair the Superintendent's Residence at Bent Creek Experimental Forest in Asheville, North Carolina. The USDA Forest Service, Southern Research Station is soliciting sealed bids for drainage and miscellaneous repairs to a 1,622 square-foot wood frame residential structure built in 1933. The project scope includes addressing sewer drainage issues (replacing cast iron pipe with PVC), repairing or replacing failed HVAC units (3-ton cooling condenser, evaporator coil, and gas furnace), replacing damaged exterior doors and windows, remedying mold in the bathroom, repainting interior surfaces, replacing window air conditioning unit, cleaning gutters and vents, and miscellaneous repairs to plumbing and fixtures. The project is anticipated to be less than $25,000 in magnitude and is set aside as a Total Small Business Set-Aside. Contractors must submit bids for all line items to be considered responsive, with a single lump sum price for Item 0001 (Drainage and Miscellaneous Repairs).
Bids are due April 15, 2026 at 1000 ET via email to cynthia.granderson@usda.gov. A mandatory site visit is scheduled for March 24, 2026 at 1000 ET, with RSVP requested by March 16, 2026. Questions must be submitted by April 6, 2026. The contractor shall begin performance within 10 calendar days of award notice and complete work within 120 calendar days (by September 30, 2026), with delivery by August 3, 2026. Performance and payment bonds equal to 100% of the contract award price are required if the contract exceeds $35,000. A bid guarantee of 20% of bid price or $3 million (whichever is less) in the form of a bid bond, certified check, or irrevocable letter of credit is required. Davis-Bacon Act wage requirements apply, with prevailing wage rates for Buncombe County, North Carolina listed in the solicitation. The contract will be awarded on a firm-fixed-price basis to the lowest responsive and responsible bidder. FOB destination is required for all deliverables.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Additonal Questions Answers and Pictures.pdf | ||
| Sign in Sheet.pdf | ||
| Questions and Answers 12445126B0012 Pre-Bid Site Visit Summary.docx | DOCX document |
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Text version
SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
1165176
USDA-FS CSA EAST 11
1720 PEACHTREE ST NW
STE 876S
ATLANTA GA 30309-2449
Cynthia Granderson
Contracting Officer USDA FS East Zone cynthia.granderson@usda.gov
CYNTHIA GRANDERSON 601-965-1619
x
02/25/2026
12445126B0012
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
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:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 120 calendar days and complete it within ________________ ________________ calendar days after receiving
04/15/2026
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)
If contract price exceeds $35,000
The project will update and repair the Superintendent's Residence including addressing sewer drainage issues, failed HVAC units, damaged exterior doors and windows and failing finishes in the kitchen and bathroom. The awarded contractor shall furnish all materials, personnel, and equipment necessary to meet the requirements outlined in the construction documents (plans and specifications).
The Magnitude of this project is (a) Less than $25,000.
Schedule and Deadlines:
Site Visit: 24 March 2026, 1000ET. Offerors are highly encouraged to attend the site visit.
Meet at the entrance gate to Bent Creek Experimental Forest 1577 Brevard Road Asheville, NC (https://goo.gl/maps/6bTTnyE9LTz3nRCv8). USFS Point of Contact is Jason Anderson (828) 712-1923, jason.l.anderson@usda.gov.
RVSP is requested by 16 March 2026 so we don’t leave anyone behind!!!
Questions Deadline: 6 April 2026. Questions shall be submitted via email to cynthia.granderson@usda.gov; cc: adam.doyle@usda.gov and are due no later than April 6th, 2026.
The subject line should read: 12445126B0012 QUESTION.
Bids Deadline: 15 Apr 2026 - 1000 ET. All bids shall be received by 1000 ET and emailed to cynthia.granderson@usda.gov cc: adam.doyle@usda.gov. Subject Line: 12445126B0012 BID_Co.Name cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight
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
CYNTHIA B. GRANDERSON
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
Continued...
cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight cgranderson Highlight
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
12445126B0012
Delivery: 90 Days After Notice to Proceed
Delivery Location Code: 4571
USDA FS SOUTHERN RESEARCH STATION
BENT CREEK EXPERIMENTAL FOREST
1577 BREVARD ROAD
ASHEVILLE NC 28806 US
Period of Performance: 05/01/2026 to 08/03/2026
0001 Superintendent's Residence Repairs
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM
NUMBER DESCRIPTION Unit QTY Total Price
1.1 Task 1: Drainage and Misc Repairs
LS 1
0002 LS
0003 LS
EA - EACH
MO - MONTH
Award anticipated to be a firm fixed price contract.
SCHEDULE OF ITEMS
Southern Research Station
PROJECT TITLE: Bent Creek Superintendent's Residence Repairs
SCHEDULE OF ITEMS
Period of Performance (Required for Services and A&E) Start Date - End date
Anticipated Delivery Date (Required for Supply and Construction) 8/3/2026
Superintendent’s Residence Drainage and Miscellaneous Repairs, North Carolina 12445126B0012
FAC 2025-06/DAU 19 Nov 2026
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.
Solicitation number 12445126B0012 is issued as an Invitation for Bid (IFB).
FAR 52.228-15 Performance and Payment Bonds-Construction (Jun 2020): Both required 100% of original contract award price. Due 5 days after the award. Irrevocable letter or credit or Payment Bond form SF-25A & Performance Bond Form SF-25 are allowed per FAR 52.228-13. If total contract price exceeds $35,000.
Disclosure of the Magnitude of Construction Projects: The Magnitude of this project is (a) Less than $25,000.
This acquisition is set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.
The applicable North American Industry Classification Standard Code is 236220 - Commercial and Institutional Building Construction. The small business size standard is $45 million. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.
Statement of Requirement The HOUSE - 010 (SUPT. RESIDENCE) (00-0001-BC) needs upkeep and repair, including addressing sewer drainage issues, failed HVAC units, damaged exterior doors and windows and failing finishes in the kitchen and bathroom.
Project Location: Bent Creek Experimental Forest, Asheville, NC; 1577 Brevard Road Asheville, NC 35.504469, -82.595786; https://goo.gl/maps/6bTTnyE9LTz3nRCv8 http://www.acquisition.gov/ http://www.acquisition.gov/
Technical data and supporting documentation: The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the SAM.gov posting:
Attachment 1 - Solicitation Terms and Conditions Attachment 2- Package 001 (contains the following)
002 Attachment 001 Schedule B 002 Attachment 002 Statement of Work 002 Attachment 003 HVAC System Photos 002 Attachment 004 Davis-Bacon Act WD NC20260016 Buncombe County
See “Attachment 1 - Solicitation Terms and Conditions- “Superintendent’s Residence Drainage and Miscellaneous Repairs., North Carolina” for applicable clauses, instructions, and evaluation criteria.
ATTACHMENT 001
Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.
Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4
This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:
(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).
(d) Changes. Changes will be handled in accordance with the following FAR clause(s):
☒ FAR 52.243-4, Changes (Nov 2025) ☒ FAR 52.243-5, Changes and Changed Conditions (Nov 2025)
(o) FAR 52.246-21, Warranty of Construction is applicable to this contract.
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)
☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I
(Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☐52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed
Bidding (Jun 2020) ☒52.214-29 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding (Jun 2020) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025)
☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov
2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☐ Alternate I (Mar 2020).
☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)
☐ Alternate III (Nov 2025) of 52.219-9.
☐ Alternate IV (Nov 2025) of 52.219-9
☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☒ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☐ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025)
☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) ☐ Alternate I (May 2008) of 52.223-9
☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)
☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025)
☒ 52.223-23 Sustainable Products and Services ☐ 52.224-3 Privacy Training (Jan 2017)
☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)
☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)
☐ Alternate II (Nov 2025) of 52.225-3.
☐ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3
☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.240-92 Security Requirements (Nov 2025)
☐ Alternate II (Nov 2025) of 52.240-92
☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) ☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64 ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)
The Contractor shall comply with the following FAR Clauses for Commercial Construction.
52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
52.222-14 Disputes Concerning Labor Standards 52.222-15 Certificate of Eligibility 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-15 Performance and Payment Bonds 52.236-5 Material and Workmanship
The following clauses are applicable when checked:
☐ 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately
Specified Pricing Method (Aug 2018) ☐ 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (Aug
2018) ☐ 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov
2025) ☒ 52.222-55 Minimum Wages for Construction Workers under Executive Order 14026 (Nov 2025) ☐ 52.223-2 Reporting of Biobased Products under Service and Construction Contracts (Nov
2025) ☒ 52.225-9 Buy American-Construction Materials (Nov 2025) (b)(2) none ☐ Alternate I (Oct 2022) of 52.25-9
☐ 52.225-11 Notice of Buy American Requirement-Construction Materials under Trade Agreements (Nov 2025) ☐ Alternate I (Nov 2025) of 52.225-11 ☐ Alternate II (Oct 2022) of 52.225-11
☒ 52.228-2 Additional Bond Security (Oct 1997) ☒ 52.228-5 Insurance-Work on Government Installation (Jan 1997)
☒ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) ☐ 52.228-13 Alternative Payment Protections (Jul 2020) ☒ 52.228-14 Irrevocable Letter of Credit (Nov 2014) ☒ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) ☒ 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021)
☒ 52.236-2 Differing Site Conditions (Jul 2025) ☒ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025) ☒ 52.236-6 Superintendent by the Contractor (Jul 2025) ☒ 52.236-7 Permits and Responsibilities (Jul 2025) ☒ 52.236-8 Other Contracts (Jul 2025) ☒ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Jul 2025)
☒ 52.336-10 Operations and Storage Areas (Jul 2025) ☒ 52.236-11 Use and Possession Prior to Completion (Jul 2025) ☒ 52.236-12 Cleaning Up (Jul 2025) ☒ 52.236-13 Accident Prevention (Jul 2025)
☒ Alternate I (Nov 1991) of 52.236-13 ☐ 52.236-14 Availability and Use of Utility Services (Jul 2025) ☒ 52.236-15 Schedules for Construction Contracts (Jul 2025) ☐ 52.236-16 Quantity Surveys (Jul 2025)
☐ Alternate I (Apr 1984) of 52.236-16 ☒ 52.236-17 Layout of Work (Jul 2025) ☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025)
☒ Alternate I (Apr 1984) of 52.236-21 ☐ Alternate II (Apr 1984) of 52.236-21
☒ 52.242-14 Suspension of Work (Apr 1984) ☒ 52.248-3 Value Engineering (Oct 2025) ☐ Alternate I (Apr 1984) of 52.248-3
AGAR Clauses
Definitization of Equitable Adjustments for Change Orders - 436.101-4 Advance Notices and Solicitations
(b) Solicitation notices posted for construction contracts must include a statement that, “Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at FAR 36.211 | USDA. USDA’s procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in 443.304 -70
452.204–70 Modification for Contract Closeout (Nov 2025)
(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.
The contractor will receive a copy of the modification and will be required to provide a signature.
(The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment. (End of Clause)
452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(a) By entering into this contract, the Contractor certifies that:
(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal antidiscrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. (End of Clause)
452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)
(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.
(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:
(3) Materials delivered on site and preparatory work;
(4) Materials delivered to the Contractor at locations other than the site, if: Specifically authorized by the contract; and The Contractor provides satisfactory evidence of title and intended use in the contract.
(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:
(1) An itemization of the amounts requested, related to the various elements of work required by the contract;
(2) A listing of the amount included for work performed by each subcontractor;
(3) A listing of the total amount of each subcontract;
(4) A listing of the amounts previously paid to each subcontractor; and
(5) Additional supporting data in a form and detail required by the Contracting Officer.
(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:
I hereby certify, to the best of my knowledge and belief, that—
(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.
________________________________________________(name) ________________________________________________(title) ________________________________________________(date)
(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:
(1) Records and Documentation:
(i) Certified progress payment requests and supporting documentation;
(ii) Subcontractor and supplier invoices, payment records, and lien waivers;
(iii)Updated schedule of values and progress schedules;
(iv) Quality assurance and inspection reports;
(v) Payroll records, if applicable under labor provisions.
(2) Facilities and Worksite Access:
(i) Physical access to the construction site for inspection of work progress;
(ii) Access to off-site storage locations for materials billed but not yet incorporated into the work; or (iii)Access to any fabrication facilities where contract-related work is being performed.
(3) Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.
(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.
(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.
(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor;
the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.
(i) Special terms regarding termination for cause. If this contract is terminated for cause, the
Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.
(j) Reservation of rights.
(1) No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-
(i) Excuse the Contractor from performance of obligations under this contract; or (ii)
Constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government’s rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract
(hereinafter referred to as the "unearned amount"), the Contractor shall- (1) Notify the Contracting Officer of such performance deficiency; and
(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-
(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or
(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.
(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.
(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-
(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or
(2) Waiving the right of the Government to require the fulfillment of all the terms of the contract.
(3) The Government’s rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.
(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-
(1) Completion and acceptance of all work;
(2) Presentation of a properly executed voucher; and
(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).
(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.
(End of clause) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3727&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3727&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6305&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6305&num=0&edition=prelim
Other Requirements
FAR 28.307-2 Liability.
(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they must be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 must be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)
(b) General liability. (1) The contracting officer must require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
(2) Property damage liability insurance must be required only in special circumstances as determined by the agency.
(c) Automobile liability. The contracting officer must require automobile liability insurance written on the comprehensive form of policy. The policy must provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States must provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies must be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer must require aircraft public and passenger liability insurance.
Coverage must be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(e) Vessel liability. When contract performance involves use of vessels, the contracting officer must require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.
Solicitation Information
Award Type
It is anticipated that a firm-fixed price contract will be awarded as a result of this IFB.
The Government intends to make one award from this IFB. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this IFB. In lieu of this provision, quotes will be evaluated in accordance with FAR
14.306 based on the criteria listed below. Award will be made to the lowest price that is:
FAR 14.306-1 Responsive FAR 14.306-2 Responsible
Delivery Information F.o.b. destination, is requested as the F.O.B. point for all deliverables.
- All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.
The USDA requires delivery of all line items by (insert date or information on where to find the information (e.g. in the schedule)).
FAC 2025-06/DAU 19 Nov 2026
Other Information
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/faroverhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
General Instructions. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. Bids submitted in response to this solicitation shall be furnished as specified below:
The bids must include the following:
a. Acknowledgement of solicitation amendments (if any). This can be accomplished by submitting the signed SF-30(s).
b. Scanned copy of fully executed Bid Guarantee (Standard Form 24 and Power of
Attorney)
c. Package 001 and 002 Schedule B completed (Package Attachment 1- Schedule of
Items- Format- Adobe PDF or Microsoft Excel sheet provided)
Schedule and Deadlines:
Site Visit: 24 March 2026, 1000ET. Offerors are highly encouraged to attend the site visit. Meet at the entrance gate to Bent Creek Experimental Forest 1577 Brevard Road Asheville, NC (https://goo.gl/maps/6bTTnyE9LTz3nRCv8). USFS Point of Contact is Jason Anderson (828) 712-1923, jason.l.anderson@usda.gov.
RVSP is requested by 16 March 2026 so we don’t leave anyone behind!!!
Questions Deadline: 6 April 2026. Questions shall be submitted via email to cynthia.granderson@usda.gov; cc: adam.doyle@usda.gov and are due no later than April 6th, 2026.
The subject line should read: 12445126B0012 QUESTION.
Bids Deadline: 15 Apr 2026 - 1000 ET. All bids shall be received by 1000 ET and emailed to cynthia.granderson@usda.gov cc: adam.doyle@usda.gov. Subject Line: 12445126B0012 BID_Co.
Name
Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://goo.gl/maps/6bTTnyE9LTz3nRCv8 mailto:cynthia.granderson@usda.gov mailto:cynthia.granderson@usda.gov mailto:adam.doyle@usda.gov
FAC 2025-06/DAU 19 Nov 2026
Period of Performance: 120 days after award/Completion no later than 30 Sep 2026
FAC 2025-06/DAU 19 Nov 2026
The following provisions are applicable if checked:
☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)
☒52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
☒ 52.204-7 System for Award Management—Registration (Nov 2025) ☐ Alternate I (Nov 2025) to 52.204-7
☐ 52.204-90 Offeror Identification (Nov 2025) ☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming
Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) ☐ 52.209-12 Certification Regarding Tax Matters (Oct 2025) ☐ 52.219-2 Equal Low Bids (Nov 2025) ☐ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb
2021) ☐ 52.222-48 Exemption from Application of the Service Contract Labor Standards for
Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☐ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain
Services-Certification (Nov 2025) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.223-4 Recovered Material Certification (May 2008) ☐ 52.225-2 Buy American Certificate (Oct 2022) ☐ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☐ 52.222-5 Construction Wage Requirements, Secondary Site of the Work (Nov 2025) ☐ 52.225-6 Trade Agreements-Certificate (Feb 2021) ☐ 52.225-10 Notice of Buy American Requirement- Construction Materials (May 2014)
☐Alternate I (May 2014) of 52.225-10 ☐ 52.225-12 Notice of Buy American Requirement-Construction Materials under Trade
Agreements (May 2014) ☐Alternate I (May 2014) of 52.225-12 ☐Alternate II (Nov 2023) of 52.225-12
☐ 52.226-3 Disaster or Emergency Area Representation (Nov 2007) ☒ 52.228-1 Bid Guarantee (Sep 1996) ☒ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) ☐ 52.216-31 Time and Materials/Labor Hour Proposal Requirements - Commercial Acquisition
(Nov 2021) ☐ 52.217-5 Evaluation of Options (Nov 2025)
☒ 52.225-10 Notice of Buy American Requirement - Construction Materials (May 2014) ☐ 52.225-12 Notice of Buy American Requirement - Construction Materials under Trade
Agreements (May 2014) ☐ 52.225-18 Place of Manufacture (Aug 2018)
☒ 52.233-2 Service of Protest (Sep 2025) ☒52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)
52.228-1 Bid Guarantee (Sept 1996).
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
FAC 2025-06/DAU 19 Nov 2026
AGAR Provisions
452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)
(a) By submission of its offer, the offeror certifies that:
(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
(2) Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal antidiscrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.
(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) Failure on the part of the…
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