127EAV26R0010 Trail Hardening MUT Lake Loop Section 3.16.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1158148

USDA-FS CSA SOUTHWEST 5

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAV

david.l.watson@usda.gov

DAVID WATSON 602-225-5350

1x 03/16/2026

127EAV26R0010

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

1. Disclosure of the Magnitude of Construction (FAR 36.204) In accordance with FAR 36.204, Disclosure of the Magnitude of Construction Projects, the magnitude of this construction project is estimated to be between $500,000 and

$1,000,000.

This magnitude range is provided solely for the purpose of assisting prospective offerors in determining their capability to perform the work. The magnitude range does not represent the Governments independent estimate.

2. Site Visit Offerors are strongly encouraged to visit the project site to familiarize themselves with local conditions that may affect the performance of the work. Contractors shall be responsible for investigating and satisfying themselves as to the conditions affecting the work, including but not limited to access, terrain, weather conditions, and other conditions which may impact the cost or performance of the work.

Failure to visit the site will not relieve the contractor from responsibility for properly estimating the difficulty and cost of successfully performing the work.

3. Period of Performance The contractor shall complete all work required under this contract within 365 calendar days after receipt of the Notice to Proceed (NTP), unless otherwise

Continued ...

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 calendar days and complete it within 365 calendar days after receiving

________________________ 04/17/2026

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)

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 SOUTHWEST 5

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAV

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAV26R0010

specified in the contract.

The contractor shall provide a proposed schedule within 10 calendar days after receipt of the

Notice to Proceed outlining the anticipated sequence and duration of work activities.

4. Bonding Requirements In accordance with FAR 52.228-15, Performance and

Payment Bonds-Construction, the successful offeror shall furnish performance and payment bonds in the amount of 100 percent of the contract price.

The required bonds shall be submitted to the

Contracting Officer within 10 calendar days after receipt of the notice of award.

5. Differing Site Conditions Offerors are reminded that FAR 52.236-2, Differing Site Conditions, is incorporated into this solicitation and resulting contract.

Contractors shall promptly notify the Contracting

Officer in writing upon encountering subsurface or latent physical conditions at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

Delivery: 08/29/2026

Delivery Location Code: 7DF5

USDA FOREST SERVICE

NATL FORESTS GRASSLANDS IN TX

2221 N RAGUET STREET

LUFKIN TX 75904-1865 US

0001 0813 Trail Hardening MUT, Lake Loop Section, National Forests and Grasslands in Texas, Sam

Houston National Forest

1. The contractor shall supply all material, labor, tools, equipment, supplies, incidentals and supervision to complete the project.

2. The contractor shall be responsible to verify the necessary quantities of materials to be supplied. It is suggested that the contractor visit the project site prior to turning in a proposal.

3. There are no utilities available at the project site.

4. All work shall be done in accordance with this

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAV26R0010

document, the project plans, and the FP-

14.

5. All trash, debris, rags, water bottles and any other assorted refuse that is not material to be incorporated into the work shall be removed daily.

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

Sponsored by GSA

FAR (48 CFR) 53.110

ACTIVITY DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

1020 Surface Blading (Dozer) 14.60 Mi.

1040 Spot Surface Course Placement

3X5 Hard stone TCS #5 3105 Ton 1-3/4" Super Flex base TCS 111 5.4 Ton

Ton Ton Ton

Select fill for culverts (Compacted in 8" lifts in place)

157 CY

CY

3010 Drainage Structures Drain Dips 493 Ea.

Furrow Ditch 28050 L.F.

Culvert (12GA aluminized) 96" dia 22 L.F.

Culvert (12GA aluminized) 48" dia 14 L.F.

4020 Trail Mowing and Clearing

(16'RW)

27.00 Ac.

4050 Seeding (at culverts) 0.25 Ac.

6020 Miscellaneous Structures Remove Cattle Guard 0 Ea.

Replace Stop Sign 10 Ea.

Replace 16' Farm Gate 0 Ea.

Replace16' Pipe Gate 0 Ea.

3"x12"x6' FRP bridge decking 110 L.F.

Planked LWC Concrete 149 L.F.

7070 Trail Closure / traffic control 5 EA

TOTAL

SCHEDULE OF ITEMS

STATEMENT OF WORK

0813 Trail Hardening MUT, Lake Loop Section National Forests and Grasslands in Texas

Sam Houston National Forest

General

1. The contractor shall supply all material, labor, tools, equipment, supplies, incidentals and supervision to complete the project.

2. The contractor shall be responsible to verify the necessary quantities of materials to be supplied. It is suggested that the contractor visit the project site prior to turning in a proposal.

3. There are no utilities available at the project site.

4. All work shall be done in accordance with this document, the project plans, and the FP-

14.

5. All trash, debris, rags, water bottles and any other assorted refuse that is not material to be incorporated into the work shall be removed daily.

Products

1. Government furnished property: none.

2. Contractor: all

Contractor Coordination

1. Contractor to verify clearance for ground disturbing activity prior to starting work. The Forest Service may issue a Notice to Proceed in part or whole pending specialist review.

2. Some areas may be seasonally or permanently restricted from operation and will be flagged for avoidance.

3. Upon Award the contractor is to present an operating schedule as day zero being receipt of Notice to Proceed.

4. All material stockpile locations are to be approved in advance by the CO.

5. All equipment shall be approved in advance by the CO for areas of operation. Some equipment may be suitable for material handling at stockpile sites but not acceptable for trail operation.

6. All equipment shall be washed and free of any soil, weeds, and seeds and will be inspected by the CO during mobilization.

FOR ALL SITES:

1. Shape entire site for positive drainage.

2. The government will provide staking for the following:

a. Precast concrete planked sections of trail.

b. Drain dips

c. Gravel placement

d. Pipe placement.

3. Seed and fertilize all disturbed soil which is not covered with gravel in accordance with table 1 and table 2.

TABLE 1: SEEDING SEASONS

SEEDING SEASON FROM DATE TO DATE

Season 1 April 1 June 30 Season 2 July 1 September 30 Season 3 October 1 March 31

TABLE 2: SEED AND FERTILIZER RATES

SPECIES MIN %PLS OF

SEED

POUNDS PER ACRE SEEDING

SEASON

Hulled Bermuda 85 10 1 Pensacola Bahia 81 40 1 Common Lespediza 80 25 1

Hulled Bermuda 85 15 2 Pensacola Bahia 81 55 2 Browntop Millet 72 20 2

Unhulled Bermuda 80 15 3 Pensacola Bahia 81 55 3 Crimson Clover 78 25 3 Rye Grass 82 20 3

13-13-13 Fertilizer 500 1,2,3

DEFINITIONS:

Base Course. Material placed on the Subgrade to distribute concentrated wheel loads.

Berm. Curb or dike constructed to prevent Trailway runoff water from discharging onto embankment slope.

Borrow. Select Material taken from designated borrow sites or delivered from commercial sources.

Crown, Inslope, and Outslope. The cross slope of the Traveled Way to aid in drainage and traffic maneuverability.

Culverts. A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually entirely below the elevation of the Traveled Way. Forest Service standard for this project requires 12 GA aluminized (aluminum coated galvanized steel) Corrugated Metal Pipe.

Drainage Dip. A dip in the Traveled Way which intercepts surface runoff and diverts the water off the Traveled Way. A Drainage Dip does not block the movement of traffic.

Drainage Structures. Manufactured structures which control the runoff of water from the trail including Inslope, overside drains, aprons, flumes, downdrains and downpipes.

Lead-off Ditches. A ditch used to transmit water from a Culvert, Drainage Structure or Drainage Dip outlet to the natural drainage area. Also called furrow ditches abbreviated as FD in the Description of Work.

Maintenance Activitiy. Items of work leading to the minor restoration and upkeep of a trail and necessary to sustain the trail's anticipated traffic.

Material. Any substance specified for use in the performance of the work.

Trail. The portion of a trail within the limits of excavation and embankment.

Shoulder. That portion of trail contiguous with Traveled Way for accommodation of stopped vehicles, for emergency use, and lateral support of Base and Surface Course, if any.

Slide. A concentrated deposit of materials from above or on backslope extending onto the Traveled Way or Shoulders, whether caused by mass land movements or accumulated ravelling.

Slough. Material eroded from the backslope which partially or completely blocks the ditch, but does not encroach on the Traveled Way so as to block passage of traffic.

Slump. A localized portion of the trail which has slipped or otherwise become lower than that of the adjacent Trailbed and constitutes a hazard to traffic.

Subgrade. Top surface of Trailbed upon which Base Course or Surface Course is constructed. For trails without Base Course or Surface Course, that portion of Trailbed prepared as the finished wearing surface.

Surface Course. The Material placed on the Base Course or Subgrade to enhance traction, distribute concentrated wheel loads and resist abrasion and the effects of climate. Surface Course may be referred to as surfacing.

Traveled Way. That portion of trail, excluding Shoulders, used for the movement of vehicles.

Turnouts. That portion of the Traveled Way constructed as additional width on single track trails to allow for safe passing of vehicles.

Waterbar. A dip in the Trailbed which intercepts surface runoff and diverts the water off the Trailway. A Waterbar is not designed to be traversable by UTV’s or ATV’s.

ACTIVITY 1020 - SURFACE BLADING (DOZER)

DESCRIPTION

1.1 Surface blading is keeping a native or aggregate surfaced trail in a condition to facilitate traffic and provide proper drainage. It includes maintaining the Crown, Inslope or Outslope of the Traveled Way, Turnouts, and Shoulder; repairing Berms; blending approach trail intersections; and cleaning bridge decks, Drainage Dips, and Lead-off Ditches. This work may be accomplished using a crawler tractor with a dozer blade capable of angling.

REQUIREMENTS

3.1 Surface blading shall be performed before, during, and after contractor’s use as often as necessary to facilitate traffic and proper drainage.

3.2 The surface blading shall preserve the existing cross-section. Ruts, chuckholes and corrugations that affect the smoothness of ride do not have to be removed unless they become excessive or interfere with proper drainage. Surface Course Material which has been displaced to the Shoulders or Turnouts shall be returned to the Traveled Way. The blading operation shall be conducted to conserve surface material and to provide for a thorough mixing of the material being worked.

3.3 On native surfaced trails, material generated from backslope Sloughing, and ditch cleaning may be blended with the Surface Material being worked. On aggregate surfaced trails this material shall not be blended with Surface or Base Course Material unless agreed otherwise.

3.4 Trail backslopes shall not be undercut.

3.5 Drainage Dips and Lead-off Ditches shall be cleaned and maintained to retain the existing line, grade, and cross-section.

3.6 Intersecting trails shall be bladed for a distance of 50 feet to assure blending of the surfaces.

3.7 Rocks or other material remaining on the Traveled Way after the final pass that are 6 inches in diameter or larger shall be removed. The unsuitable material shall be disposed of by sidecasting unless agreed otherwise.

3.8 Material resulting from this activity shall not remain on or in structures, such as Culverts, cattle guards, ditches and Drainage Dips.

3.9 Material resulting from this activity, plus any accumulated debris, shall be removed from bridge decks and the deck drains opened.

ACTIVITY 1040 - SPOT SURFACE COURSE PLACEMENT

DESCRIPTION

1.1 Spot surface course placement includes subgrade preparation, furnishing, spreading and shaping materials in accordance with the Requirements.

2.1 Surface course material will be in accordance with the attached TX-DOT standards. Aggregate products specified in the Description of Work are as follows: OR is Oversized Rock TX-DOT 005-3x5-Hard Stone. ABC is TX-DOT 111-Super Flex Base.

3.1 Subgrade Preparation. Prepare subgrade to receive surface course material at locations as designated on-the-ground by the Forest Service on trails listed below. Prepare the subgrade by shaping the Trailbed to approximately the original cross-section and consistent with adjacent sections.

3.2 Furnish and spread material at spot locations designated on the ground by the Forest Service as listed in the Description of Work. Spot locations may be moved by the Forest Service to accommodate changed conditions.

3.3 Variations. The contractor will be required to furnish weight or volume tickets to the Forest Service for the amount of surface course material placed. Only material in place on the trail can be invoiced. Stockpiles dumped at trailheads are not considered delivered and in place.

ACTIVITY 3010 - DRAINAGE STRUCTURES

DESCRIPTION

1.1 This work consists of maintaining and/or installation/removal of Drainage Structures and related items such as inlet and outlet channels, existing riprap, trash racks, and drop-inlets.

MATERIALS

2.1 All Materials used in the maintenance and/or installation/removal of Drainage Structures shall conform by type and specification to them material in the structure being maintained or as indicated in the Description of Work.

REQUIREMENTS

3.1 Drainage Structures and related items shall be cleared of all foreign material which has been deposited above the bottom of the structure and all vegetative growth which interferes with the water flow. Material removed that cannot be incorporated into maintenance work shall be uniformly placed on fill slopes unless agreed otherwise.

3.2 Perform maintenance to insure the proper functioning of the head walls, aprons, inlet assemblies, riprap, trash racks, and other facilities related to the Drainage Structure.

3.3 Install/remove ditches, drainage dips, rock crossings and/or culverts as follows and as marked on the ground. Installation of structures shall not begin without the presence of a Forest Service representative.

3.4 Drainage Dips are constructed to reverse the grade from prevailing trend of the trail over a length of 15 feet horizontally and 1 foot vertically. The low spot at the reversal of grade marks the beginning of the furrow ditch which should leave the trail at a 30 – 45 degree skew. In the inventory direction of the Description of Work a drainage dip furrow ditch is marked as LA(Left Ahead), RA (Right Ahead), LB(Left Behind), RB (Right Behind) along with an estimated length.

3.4 For all culvert crossings the following specifications apply:

1. Install pipe to countersink inverts 4” below existing channel thalweg.

2. Widen channels as necessary to provide uninhibited ingress and egress of water.

3. Culverts are to be bedded in 6” of clean stone #57.

4. Minimum over dig requirement is half the diameter of the culvert on both sides.

5. Replace fill and compact in lifts no more than 12”

ACTIVITY 4020 - TRAIL MOWING AND CLEARING

DESCRIPTION

1.1 This work includes removal of brush, trees and other vegetative growth from within the Trailway limits.

REQUIREMENTS

3.1 Vegetative matter within the Trailway which impedes vehicular travel or interferes with trail maintenance operations, such as surface blading and ditch and culvert cleaning shall be removed. Downed timber meeting utilization standards shall be cut in appropriate lengths lopped to withing 3’ of the ground and scattered along the trail in locations where the Traveled Way or sight distances will not be impaired.

3.2 Vegetative matter removed from the Trailway shall be uniformly placed on fill slopes unless agreed otherwise

3.3 The trail corridor shall be free of limbs and hanging branches for a total width of 16’ and a height of 14’ above the centerline of the trail. Where turnouts are constructed the total corridor width shall be 22’.

ACTIVITY 4050 - SEEDING

DESCRIPTION

1.1 This work includes ground preparation, furnishing and placing seed, fertilizer, limestone and mulch.

MATERIALS

2.1 Materials will be those required in tables 1 and 2.

REQUIREMENTS

3.1 Place seed, fertilizer and mulch of the types, application rates and time of year as follows and as marked on the ground.

ACTIVITY 6020 - MISCELLANEOUS STRUCTURES

DESCRIPTION

1.1 Maintenance of miscellaneous structures includes cattle guards, gates, and other similar structures that have been previously installed to insure safe and efficient operation of the trail.

MATERIALS

2.1 Any materials needed in the maintenance of miscellaneous structures shall be similar in type and quality to the material in the structure being maintained.

REQUIREMENTS

3.1 Cattle guards. Loose rails shall be welded or bolted back in place. Excess Material carried into the cattle guard shall be removed when drainage is blocked or when it reaches 6 inches from the bottom of the cattle guard frame. Drainage into and from the cattle guard shall be kept open.

3.2 Gates. Gates shall be kept in good repair and made to swing easily. Hinges or latches shall be repaired if not operating properly. Brush and debris shall be removed from within the swinging radius.

3.3 FRP Bridge Decking is to be replaced in kind with 3”x12”x6’ boards treated with 0.8 CCA retention. In Accordance With Use Category 4B.

3.4 FOR ALL CONCRETE PLANKED CROSSINGS IN THE DESCRIPTION, THE

FOLLOWING FP-14 SPECIFICATIONS APPLY:

1. Excerpt 303.06: Asphalt and Aggregate Surface Reconditioning. Repair soft and unstable areas to the full depth of the aggregate surface and according to Subsection

204.07. Scarify to the depth of the aggregate surface or to a depth of 6 inches, whichever is less, and remove surface irregularities. Reshape, finish, and compact the entire aggregate surface according to Subsection 301.05.

2. Excerpt 204.07: Subexcavation. Prevent unsuitable material from becoming mixed with the backfill.

3. Add aggregate products as needed for erosion control and as specified in the Description of Work. OR is Oversized Rock TX-DOT 005-3x5-Hard Stone. ABC is TX-DOT 111- Super Flex Base.

4. Excerpt 301.05: Compaction. Compact each layer full width. Roll from the sides to the center, parallel to the centerline of the trail. Along curbs, headers, walls, and all places not accessible to the roller, compact the material with approved tampers or compactors.

Compaction A. Operating spreading and hauling equipment over the full width of the travel way.

5. Place geo-textile such as US 315 or equal as approved by Forest Service representative.

Geo-textile will be placed according to plans. All laps are to be a minimum of 2 feet. All geo textile is to be covered by either riprap or precast concrete planks.

6. Place aggregate base specified above in between precast concrete planks no less than three quarters the depth of the planks.

7. Use any spoil from base excavation to build up the shoulders of the travel way.

8. Cover shoulders with geo-textile to a minimum of 3’ from the edge of the concrete plank edges per typical section.

9. Cover geo-textile on shoulders with rip-rap.

10. In the creek channel:

a. Sub grade, Base, and concrete planks should be in-sloped a minimum of 2% grade so that the low side of the plank is upstream.

b. A minimum of 3’ of geo-textile will extend from the edge of the concrete plank into a ditch to be back filled with rip rap.

c. Top elevation of the center of the concrete planks will finish level with the existing elevation of the creek channel.

11. Refer to drawing below for plank construction details.

Solicitation No: 127EAV26R0010 Project Name: Trail Hardening MUT, Lake Loop Section

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)

Deviations to clauses may be viewed at: USDA FAR Class Deviations

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 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 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 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded (JAN 2025)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) 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) (DEVIATION FEB 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) 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://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations 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

Solicitation No: 127EAV26Q0010

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 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) 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 52.223-2 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)- FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) FAR 52.228-2 Additional Bond Security (OCT 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 FAR 52.232-5 Payments under Fixed-Price Construction Contracts (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 52.236-2 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) FAR 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (NOV 2024) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAR 52.243-5 Changes and Changed Conditions (APR 1984) 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)

Alternate I (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.236-70 Emergency Response, Fire Suppression, and Liability

FAR 52.225-9 Buy American Act-Construction Materials (OCT 2022)

(a) Definitions. As used in this clause—

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

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

(i) A commercial 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.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to 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.

https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105

Project Name: Kinney Creek Trail Bridge Replacement

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.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. Chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item1

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

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

(End of clause)

Project Name: Trail Hardening MUT, Lake Loop Section

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

SECTION J-LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

REPRESENTATIONS & CERTIFICATIONS

(CONTRACTOR TO COMPLETE THE YELLOW HIGHLIGHTED INFORMATION AND

RETURN WITH OFFER/QUOTE)

VENDOR NAME:__________________________________________________

VENDOR UEI:___________________________________________________

K.1. REPRESENATIONS

By responding to this solicitation, offeror represents the following:

The Government pays invoices often after the performance of work, throughout the course of the contract.

Contractor must have adequate financial resources to support the performance of work until invoices can be processed in paid. The contractor ☐ does / ☐ does not have adequate financial resources to perform the contract, or the ability to obtain them.

The contractor ☐ does / ☐ does not have the ability to comply with the required or proposed delivery or performance schedule in the performance of work identified in Section C herein, taking into consideration all existing commercial and governmental business commitments.

The contractor ☐ does / ☐ does not have a satisfactory performance record that can be verified via past performance provided in response to solicitation items in Section L herein. ☐ Not Applicable. Please explain in the space provided below.

The contractor ☐ does / ☐ does not have a satisfactory record of integrity and business ethics that can be verified via past performance provided in response to solicitation items identified in Section L herein.

☐ Not Applicable. Please explain in the space provided below.

*If contractor has no past performance for this type of work, can contractor provide verifiable experience in response to solicitation instruction in Section L herein? ☐ Yes ☐ No

** If contract has no verifiable experience, evaluation will be based on solicitation technical response and other items required in response to this solicitation.

K.2 PROVISIONS

FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 – Other Heavy and Civil Engineering Construction.

(2) The small business size standard is $45 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representationsand certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) FAR 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in FAR part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

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

(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18

(iv)…