127EAX26Q0006 Smokey Circle HVAC Solicitation.pdf

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Smoky Circle Fire Center HVAC Replacement
Solicitation number
127EAX26Q0006
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This is a Request for Quotation (RFQ) for HVAC system replacement at the Smokey Circle Fire Center located at the Mt. Taylor Ranger District in Grants, New Mexico, on the Cibola National Forest. Solicitation number 127EAX26Q0006 was issued by the USDA Forest Service CSA Southwest 7 on March 2, 2026, with quotes due by March 30, 2026, at 1:00 PM Central Daylight Time. This is a total small business set-aside acquisition with a North American Industry Classification Standard Code of 238220 and a small business size standard of $19 million. The contract is anticipated to be firm-fixed-price with one award. The contractor must begin work within 10 calendar days of receiving notice to proceed and complete all work within 90 calendar days thereafter.

The scope of work requires the contractor to furnish all supervision, materials, equipment, vehicles, tools, parts, labor, and transportation necessary to remove, dispose, and replace three existing swamp cooler (evaporative cooler) units and associated ducting work. The evaporative coolers must be side or bottom draft design units circulating air at up to 6,500 CFM that cool a minimum of 2,200 square feet (for relocated units) and 1,700 square feet (for rooftop unit), compatible with 1/2 HP or 3/4 HP single or two-speed motors. The contractor must reinstall any damaged HVAC ducting, ceiling drywall, texture, moisture barrier, and insulation as required. The work includes line items for cooler units, motors, pads, floats, pumps, wiring, vents, duct work, drywall, mud and materials, mobilization, and labor. An organized site visit was scheduled for March 13, 2026, and requests for information had to be submitted by March 19, 2026. The contract requires performance and payment bonds. Evaluation criteria include technical approach, past performance (with three project references required from the last three years), and price, with award made to the technically highest-rated offeror provided price is fair and reasonable and past performance is acceptable or neutral. The location is delivery code 8393 with FOB destination, and the period of performance runs from April 1, 2026, to July 3, 2026. Davis-Bacon wages apply to this construction project.

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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 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)

1158584

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

Troy McCullough

Contracting Officer US Forest Service

CSA 7

TROY MCCULLOUGH

103/02/2026

127EAX26Q0006

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

The Contractor shall furnish all supervision, materials, equipment, vehicles, tools, parts, labor, transportation, and miscellaneous items needed to remove, dispose, and replace the existing HVAC units and associated ducting work. The contractor shall reinstall any damaged HVAC ducting, Ceiling drywall, texture, moisture barrier and insulation that may be required.

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

03/30/2026

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 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

TROY A. MCCULLOUGH

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 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX26Q0006

Davis Bacon wages apply.

The government anticipates awarding a firm-fixed price contract off the RFQ.

Offers or responses to the solicitation (include the solicitation number in the name of the document) should be sent to the contracting officer by email; troy.mccullough@usda.gov before the deadline.

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: 8393

USDA FOREST SERVICE

MT TAYLOR RANGER DISTRICT

1800 LOBO CANYON ROAD

GRANTS NM 87020-9999 US

FOB: Destination

Period of Performance: 04/01/2026 to 07/03/2026

0001 Fire Center HVAC Replacement 1 LS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.html.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm l to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

PROJECT: Smokey Circle Fire Center HVAC

SOLICITATION NO.: 127EAX26Q0006

Table of Contents Acquisition Description

Schedule of Items

Technical Data

Project Location

Solicitation Information

Quote Evaluation and Basis for Award

Evaluation Method

Required Quote Submission Documents

Acquisition 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 127EAX26Q0006 is issued as a Request for Quotation (RFQ) for the Smokey Circle Fire Center HVAC.

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 238220 The small business size standard is $19M This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Schedule of Items

PROJECT Smokey Circle Fire Center HVAC

UNIT Cibola NF

SOL # 127EAX26Q0006

ITEM NO. DESCRIPTION UNIT QTY

UNIT

PRICE

TOTAL

PRICE

0001 Upgrade HVAC System a Evaporative Cooler Units LS 1 $ $ b Cooler Motor LS 1 $ $ c Cooler Pads LS 1 $ $ d Cooler Float LS 1 $ $ e Cooler Pump LS 1 $ $ f Wiring LS 1 $ $ g Cooler Vents LS 1 $ $ h Duct Work LS 1 $ $ i Drywall LS 1 $ $ j Mud and Materials LS 1 $ $ k Mobilization LS 1 $ $ l Labor LS 1 $ $

TOTAL $

Technical Data

Technical data and supporting documentation associated with this solicitation are available through the following sources:

Solicitation Attachments

The following documents are included as attachments to this solicitation.

1. Statement of Work

2. Wage Determination

Project Location

See solicitation attachment “1. Statement of Work”

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

The following clauses are mandatory in all solicitations and contracts - Do not delete these.

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

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 52.243-5, 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) 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) 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) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025) 52.204-13 System for Award Management—Maintenance (Nov 2025) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.219-6 Notice of Total Small Business Aside (Nov 2025) 52.219-8 Utilization of Small Business Concerns (Nov 2025) 52.222-3 Convict Labor (June 2003) 52.222-35 Equal Opportunity for Veterans (Nov 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) 52.222-37 Employment Reports on Veterans (Nov 2025) 52.222-54 Employment Eligibility Verification (Nov 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-23 Sustainable Products and Services 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) 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 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certificate of Eligibility 52.236-5 Material and Workmanship 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov 2025) 52.225-9 Buy American-Construction Materials (Nov 2025) 52.228-2 Additional Bond Security (Oct 1997) 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) 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) 52.236-17 Layout of Work (Jul 2025) 52.236-21 Specifications and Drawings for Construction (Jul 2025) 52.242-14 Suspension of Work (Apr 1984)

AGAR Clauses

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 anti-discrimination 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:

i. Specifically authorized by the contract; and

ii. 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

(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)

Solicitation Information

Award Type

It is anticipated that a Firm-Fixed-Price Contract will be awarded as a result of this combined synopsis/solicitation. The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit all required documents.

Period of Performance The Contractor shall be required to commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed and the entire work ready for use not later than 90 calendar days after NTP. The time stated for completion shall include final cleanup of the premises.

Organized Site Visit A Forest Service organized site visit has been scheduled for March 13th, 2026, at 9:30 PM local time.

Requests For Information (RFI’s) Requests For Information (RFI’s) are required to be submitted to the Contracting Officer, Troy McCullough (troy.mccullough@usda.gov), via email no later than March 19th, 2026, 1:00 PM Central Daylight Time. No questions will be accepted after this date and time.

Quote Due Date All quotes shall be emailed to the Contracting Officer, Troy McCullough (troy.mccullough@usda.gov), no later than March 30th, 2026, 1:00 PM Central Daylight Time.

Quote Evaluation and Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

1. Technical Approach: The technical approach will evaluate the ability of the offeror to provide a sound, compliant approach offeror's ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

Detailed explanation of your capability to accomplish this work. The offeror must address how they will accomplish all requirements of the SOW Description of the work you plan to subcontract.

Include any subcontractors and their experience and capabilities.

Planned sequencing of all work including the major tasks and timelines The resources (personnel and equipment) planned for use on the project and their availability.

2. Past Performance: Furnish a list of three (3) projects of similar magnitude completed by the firm within the last three (3) years. The list should include work similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, local governments, and commercial customers. For each project cited, provide the following:

Name and location of the project;

Project Point of Contact’s name, phone, email address, and fax numbers; Total cost of the project;

A brief narrative of the project (include size, i.e. acres, square feet; date of start, and completion or anticipated completion date).

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance.

Past Performance will be evaluated using the following rating system:

Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

Neutral: Offeror does not have a past performance record.

Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

3. Price

The offeror shall provide pricing as requested in the Schedule of Items in attachment ” 2.

Schedule of Items” of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Evaluation Method

All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:

1. The proposed price is fair and reasonable,

2. Technical proposal is most advantageous to the Government, and

3. Past performance is assessed as acceptable or neutral.

Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.

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/far-overhaul/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:

Period for acceptance of offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Offeror must have an active entity registration at https://www.sam.gov/ in order to submit a quote.

Required Quote Submission Documents

All quote submissions shall include:

1. Completed, Signed Offer SF1442 (Section A.): Complete blocks 10 Fill-ins, 14, 15, 16, 17, 20a, b, and c on the SF 1442. If amendment(s) are issued acknowledge amendments or complete blocks 19, 20a, 20b & 20c. Signed by authorized person to bind firm.

2. Price Proposal Section B, Schedule of Items: Complete fill ins Company Name, POC, E-mail, UEI #, TAX ID #, POC Name, POC Email.

3. Technical Proposal: Technical approach and past performance

4. Bid Guarantees – See FAR 52.228-1: Scanned copy of fully executed Bid Guarantee emailed to the contracting officer. (Standard Form 24 and Power of Attorney).

The four (4) documents detailed within “Required Quote Submission Documents” shall be submitted as separate Adobe PDF documents. It is the quoter’s responsibility to ensure delivery of all required documents by the date and time set for receipt of offers.

Contact the Contracting Officer by e-mail if you do not understand any part of these instructions.

FAR Provisions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) 52.204-7 System for Award Management—Registration (Nov 2025) 52.223-4 Recovered Material Certification (May 2008) 52.225-2 Buy American Certificate (Oct 2022) 52.225-10 Notice of Buy American Requirement - Construction Materials (May 2014) 52.222-5 Construction Wage Requirements, Secondary Site of the Work (Nov 2025) 52.225-10 Notice of Buy American Requirement- Construction Materials (May 2014) 52.228-1 Bid Guarantee (Sep 1996)

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 anti-discrimination 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 offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner.

The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.

Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.

3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.

2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the

3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.

4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3).

Failure to submit the required information may result in a delay or dismissal of the protest.

5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.

ATTACHMENT 1

US Department of Agriculture (USDA)

Statement of Work

Contents Project General Information

1.0 Scope of Work (Base)

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor’s Key Personnel

Project Smokey Circle Fire Bldg. HVAC replacement.

Cibola National Forest and National Grasslands

General Information

1.0 Scope of Work (Base)

The Contractor shall furnish all supervision, materials, equipment, vehicles, tools, parts, labor, transportation, and miscellaneous items needed to remove, dispose, and replace the existing HVAC units and associated ducting work.

The contractor shall reinstall any damaged HVAC ducting, Ceiling drywall, texture, moisture barrier and insulation that may be required.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions shall be made without the prior approval of the Contracting Officer in writing. All submittals for changes or substitutions will be subject to a maximum review time of 10 business days and notice of acceptance or rejection will be sent to the contractor by the CO or COR. The contractor is responsible for complying with all applicable regulations and obtaining all permits for this work.

2.0 Background

Smokey Circle located in Grants New Mexico is the site of single wide trailers manufactured in 1993. The building is a single story 6,300 sq ft building that has an existing roof of sheet metal and has known weak areas and has suffered water damage from the Swamp coolers that were located on the roof of the building. There are three Swamp coolers that supply different office areas within the building. These units are underrated and overworked. All three units will need to be upgraded to more appropriate sizes to handle the correct workload. This building will also require an assessment of the damaged ceiling Drywall and structural support should be conducted to meet any additional structural needs prior to new HVAC installation. Structural repairs and any other additional work, including cost estimate, will be submitted to CO/COR for approval/refusal. Approved repairs will be completed prior to the new roof installation. All material and parts from existing roof demolition will be hauled off site and properly/legally disposed of.

The trailer serves as seasonal quarters for Forest Service Personnel and may be occupied during project time frame. Any work to be done in an occupied shall office requires a 72-hour notice before work can be started to allow for proper notification of residence.

Contractor Requirements

3.0 Technical Requirements / Tasks

Evaporative cooler Specifications

Side or bottom draft design circulates air at up to 6,500 CFM based on motor selection Cools a minimum of 2,200 sq ft (for relocated units) and 1,700 sq ft (for roof top unit) based on motor selection For use with a 1/2 HP or 3/4 hp, 1- or 2-speed motor Must meet all federal, state, city, and county regulations and requirements.

Contractor responsible for acquiring permits and achieving/exceeding all permit requirements.

4.0 Government Furnished

The Government will not be furnishing any equipment or supplies to aid the removal or installation of units or equipment. The government will provide restroom facilities for workers within regular business hours.

5.0 Deliverables / Schedule

Any additions or substitutions must be submitted in writing to the Contract Officer with Justification and reasoning for addition or substitution. Submittals will be discussed and approved/denied in no more than eight working days after the submitting date. The buildings will be occupied during this installation. A 72-hour notice is required: prior to start work;

for any utility disconnection period; and prior to entering building. As the building may be occupied, any open-air areas within the workspace shall be mitigated by coverings that meet standard industry and construction standards/practice.

Submittals: Construction timeline a minimum of 3 workdays prior to start of work. Copy of contractor’s relevant licenses.

Copy(s) of Structural survey(s) and recommendation of substructure repair items to be approved/rejected to COR/CO.

Copies of manufacturers’ information to or exceed contract specifications.

Key Deliverables

Item No. Deliverable Objective Due 1 Submission of material Approval of roofing material must be submitted Prior to Installation 2 Proposed Project Plan Defining the responsibilities, timeline, risks and milestones of contract objectives. Ref. Subtask 4.1.3 No later than five (5) business days after contract award

3 Warranty/manufacturer information

Report documenting tasks & issues weekly. Ref Task 5.1

Prior to the contract closeout

Key Deliverables Item No.

Deliverable / Item Title

Description Frequency Reference Delivery Format

Due By

3 weekly Status Report

Weekly report documenting tasks and issues identified during the week

Once per week

Ref. SOO, Page 3, Section 4.2.1, Functional Tasks

Via email to

COR

The Friday of every week after contract award

4 Permits, License, Certifications

Proof of Permits, license and certifications obtained since date of contract award

Prior to start of work.

Ref. SOO, Page 6, Section 5.1.3, Call Order Report Details

Via email to

COR

No later than a week prior to start of work.

Insert Deliverables / Schedule Here

6.0 Travel

The Mt Taylor Smokey Circle site is located off I-40, exit # 85, in Grants NM. After exiting I40 W at exit #85 veer to the right. At the stoplight head straight onto Sante Fe Ave. Turn right onto First St, then at the stop sign for the intersection with E. Roosevelt Ave. Turn right. Within 0.15 miles, turn left on University Blvd then an immediate right through the gate to get onto Smokey Circle.

7.0 Contractor’s Key Personnel

Crew Foreman- Must be certified and licensed.

Flooring Crew

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