1282A724R0003_0001.pdf

(x)

1282A724R0003 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

82A7

LAKEWOOD CO 80401

1617 COLE BLVD

USDA FOREST SERVICE

JOB CORPS AQM

02/13/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/13/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Add a Q&A Document.

2. Add a revised section L and M.

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

Processing Platform (IPP), https://www.ipp.gov.

If the contractor lacks an IPP account, USDA will automatically initiate the enrollment process with Treasury using the contractor¿s SAM.gov Accounts Receivable POC as the IPP

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

JENNIFER L. MCCORD

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1282A724R0003/0001 account holder.

Once the enrollment process is complete, the IPP account holder will receive notification and can being invoicing. More information about IPP can be found at: https://www.ipp.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1282A724R0003 Mountain Zone Job Corps Centers Facilities Construction and Maintenance Multiple Award IDIQ Contract

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Will be at the task order level.

B.2 SCHEDULE NOTES

Each task order will independently include a schedule of items. For the IDIQ solicitation, perspective offerors are required to quote on, and include, the schedule of items for four (04) task orders that are advertised with this solicitation 1282A724R0001. Use attachments provided.

System for Award Management (SAM) Contractors must be registered in www.sam.gov in order to submit an offer on this project.

THIS IS A FREE REGISTRATION.

Intent of Solicitation The purpose of Solicitation 1282A724R0003 is to solicit offers for a Multiple Award Task Order Contract (MATOC), Indefinite Delivery Indefinite Quantity (IDIQ) contract with shared ceiling of $5 Million. The ordering period is anticipated to be five years. The Government anticipates to award up to six (6) IDIQ contracts for construction and service work. Additional awards, at Forest Service discretion, may be considered depending on Forest Service need and results of proposal evaluations. Associated with this Solicitation is the initial Task Order Pricing Requests for three (3) Task Orders anticipated to be awarded in conjunction with award of the IDIQ contracts. Prospective offerors are required to submit quotes for all of the initial task orders advertised with this IDIQ. Future task orders will be competed amongst the IDIQ contract awardees utilizing the procedures identified in the forthcoming Solicitation.

***TO BE CONSIDERED FOR AWARD, PROPOSALS SHALL INCLUDE:

- A completed SF-1442 (pages 1-2 of this document) for the Base Contract and all Seed Projects

- A completed Section K highlighted sections, as applicable

- A technical proposal in response to Section L and M

- Completed Schedules of Items for each seed project

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Task Order work under this Multiple Award Indefinite Delivery-Indefinite Quantity Contract (MATOC) includes general building and associated site work. Contractor shall furnish all labor, supervision, materials, equipment, transportation, and incidentals to perform work in accordance with all terms, specifications, conditions, and provisions of this solicitation, and Task Order statements of work.

The Contractor is responsible and required to perform multi-disciplinary new construction, historic renovation, repair/remodeling/rehabilitation, remediation and/or demolition work using the trade workers. The work may include ancillary work including but not limited to: site work;

drainage; utility systems; painting; repair and/or replacement of sidings, stairs, doors, skylight, flooring (carpet, tile, vinyl); carpentry; repair and replacement of concrete masonry, sidewalk, slab, stem walls; repair, resurface, or seal coat roads and/or parking lots; remove, replace, or repair light fixtures; install fire alarm systems and/or security systems; fencing; welding; roofing;

plumbing; HVAC; mechanical; electrical; and other similar types of facility construction, maintenance, repair and modification work. The contractor shall also be required to provide 24-hour emergency response if needed.

In addition, the Contractor may be required to obtain all necessary permits, develop fire/erosion control/management/safety type plan(s), coordinate with private utilities providers, negotiate with State & local officials, and special consideration planning necessary for the construction of the Task Order.

C.2 PROJECT LOCATON

Job Corp Centers in the following locations (Mountain Zone):

Pine Ridge Job Corps – Chadron, NE Boxelder Job Corps Center - Nemo, SD Collbran Job corps Center – Collbran, CO Weber Basin Job Corps Center – Ogden, UT Work will take place at locations in mountain zone identified above, however work may be at any USFS Job Corp Center.

C.3 TECHNICAL SPECIFICATIONS

Projects may include, but are not limited to: repair, renovation, demolition, alteration, modification, and new construction work on facilities. Work may also include incidental road work and non-facility items, such as construction surveying and staking, clearing & grubbing, locating & mapping underground utilities locations, excavation, borrow, topsoil, concrete, asphalt, and culvert pipes. Projects may include, but are not limited to, the following types of activities:

Facilities Construction and Maintenance Multiple Award IDIQ Contract

• Buildings/Structures: Work includes construction of new and alteration of existing structures and building systems; all work including the building, mechanical, electrical, and plumbing trades.

• Demolition: Demolition work shall be of select portions of facilities, or entire structures as part of a new construction Task Order.

• Utilities: Work includes new utility installation and repair associated with buildings and structures such as water, electric, solar, sewer, septic tanks, and drain fields.

• Heating Ventilation and Cooling (HVAC): Includes maintenance, repair, and new installation of HVAC and control systems.

• Fire Alarms: The work can consist of complete new systems, to troubleshooting existing systems, to replacing components of systems and to include documented inspections.

• Sidewalks: Work includes construction, repair, and replacement of sidewalks and slabs as well as hardened paths and all accessories needed to provide for full accessibility.

• Recreational Structures: Construction and repair of miscellaneous outdoor structures such as stairs, boardwalks, viewing platforms, pavilions, kiosks, signs, docks, vault toilets, and similar stand-alone structures.

• Water Systems: Construction, repair, decommissioning and maintenance of stand-alone water systems including wells, associated structures, fixtures, and piping.

• Landscaping: Landscaping of areas around facilities including minor grading, walkways, gardens, grass, shrub, tree plantings, retaining walls, etc.

• Site Lighting: Installation, repair, and replacement of site lighting including light posts.

• Roads, driveways, parking lots, curb & gutter, etc: Work done in this area will be minor in nature where directly affecting a facility.

• Towers: Work may include disassembly, removal, transportation, maintenance, and repair of radio and fire towers.

• The contractor shall also be required to provide 24-hour emergency response as needed during construction.

Task Orders ordered off of this IDIQ contract may be for service or construction activities. Each Task Order will identify which type of work is applicable and will supplement IDIQ contract clauses accordingly. Each Task Order will include a Service Contract Act or Davis Bacon Act Wage Determination as applicable.

Bonding at the Task Order level, if required, will be identified on the Task Order Pricing Request.

Work Planning and Scheduling

Unless otherwise stated in the Task Order, all work shall be performed Monday – Friday between the hours of 0700 -1700 hrs. local time. No work will be permitted on Government Holidays without prior written approval of the Contracting Officer.

All work to be coordinated to minimize interference with any on-site personnel and the facilities normal operations. The contractor shall coordinate with the Contracting Officer’s

Facilities Construction and Maintenance Multiple Award IDIQ Contract

Representative to make all appropriate notifications to residents of buildings and areas of any anticipated utility outages or conflicts.

Site Management Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment, and materials on a daily basis as well as the site free of hazards at all times.

Occupancy access shall be negotiated on a project specific basis. Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained. Safety equipment, fencing and barriers shall be installed. Erosion control and sedimentation structures shall be constructed in according with EPA/State standards as needed. Historical and/or archeological issues shall be addressed as needed.

Existing Utilities The contractor shall contact the Public Utility locating service for the geographic area of where the work is located. Such as 1-800-MisDig, Dig Safe, etc. prior to performing any digging or trenching. In addition, the contractor shall field verify all utility locations by, but not limited to; the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Government provided drawings indicating utility locations are approximate, unless noted in the Task Order as “as-built” and require field verification as described above. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

Code Compliance

Unless stated otherwise in the Task Order all work shall comply with the latest edition of the International Code Council, family of codes (IBC, IFC, IMC, IPC, etc.), and applicable National Fire Protection (NFPA) Standards/codes. Additional codes and standards maybe listed in the Task Order.

Construction Schedule For all Task Orders exceeding 60 Calendar days; within one (1) week after approval or award of Task Order, the Contractor shall prepare a construction schedule of activities indicating labor, materials and activity proposed for each day. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This schedule shall describe multiple activities being proposed from start to finish of the project and show construction work completion in %.

The construction schedule shall define the overall time required to perform the identified work.

This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule.

Notify the Contracting Officer whenever there are significant departures from the approved task construction schedule. Submit any requests to modify the construction schedule, in writing to the Contracting Officer with an explanation for the deviation.

Construction Safety The Contractor shall have the ultimate responsibility for health and safety on the project site at all times, as described in CFR FAR 52.236-13, “Accident Prevention”. The Contractor is responsible for ensuring that all onsite activities, facilities constructed, and equipment conform fully to the standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) 29 CFR 1926 and 1910, and any supplemental DOI and FS policies.

Prepare, and submit for government review, a written permit space program for any identified OSHA 29 CFR 1926.1203 identified confined spaces. Also, inform employees and post signage per 1926.1203(b)(1). Comply with all applicable Federal, State and local safety requirements.

In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern. Initiate and maintain, throughout the performance of this contract, an effective health and safety program that provides adequate policies, procedures, and practices to protect workers from (and allow them to recognize) job-related health and safety hazards. The program shall include provisions for the identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee (Contractor or subcontractor) must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment. Site safety plan shall include pandemic guidance and compliance identified by local, state, or federal authorities if applicable at the time of the Task Order’s Period of Performance (POP). Provide barricades and warning devices as necessary to safeguard the public, workers, and government personnel. Where project work affects public roads, provide signage in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) as published by the US Department of Transportation, Federal Highway Administration. Rollover Protection and Seat Belts: In addition to the Accident Prevention clause Federal Acquisition Regulation (FAR) 52.236-13 , rollover protection and seat belts required by 29CFR 1926 (OSHA) shall be extended to include equipment regardless of the year of manufacturer.

Construction Quality Control (CQC) Designate in writing a single person to oversee and manage on-site quality control activities.

The Contractor is responsible for quality control of all project work including any sub contracted work, and to submit thorough documentation that work fully complies with the construction documents and project permits. Quality control processes include but are not limited to proactively: Ensuring compliance with the construction documents and project permits. Make vertical work plumb and make horizontal work level. Managing specialty subcontractors. Reviewing and processing samples, mock ups, shop drawings and other construction submittals. Ensuring that the workers have the appropriate expertise and proper equipment to perform the work. Effectively utilizing third-party sampling & testing services (typically for earthwork gradation, compaction, concrete & asphalt testing, welding, pile driving and other specialty inspections). Initialing timely reviews and corrective actions to substrates prior to proceeding with subsequent work. Timely involvement of industry specialists such as manufacturer representatives. Managing system commissioning. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated, and maintain headroom clearance of 96” in

Facilities Construction and Maintenance Multiple Award IDIQ Contract occupied spaces and 90” in unoccupied spaces. Training DOI/FS personnel in system operation & maintenance. Timely involvement of local authorities having jurisdiction. Load-Limits:

Heavy equipment operated on DOI/FS roads and parking areas shall comply with highway-legal load limits unless explicitly approved otherwise. Field-verify all dimensions and conditions prior to performing the work. Notify the COR of any conflicts. Improvements shall be constructed in accordance with the product manufacturer’s written instructions and standards.

Welding shall be performed by licensed welders and in compliance with American Welding Society recommended practices, structurally sound, and shall be neat in appearance. Electrical work shall comply with the National Electrical Code, or State Code of more stringent, to the satisfaction of the local authority having jurisdiction. And shall be performed by state-licensed (by the state where the project is located) electricians who are licensed in the category of electrical being performed; photovoltaic and telecommunications /data systems included.

Telecommunication (included telephone, data, radio, TV, similar) systems.

As-Built Drawings When shop drawings are required by a Task Order, the Contractor shall maintain at the job site one (1) set of contract drawings marked in red to show any deviations which are found to exist or have been made from the contract drawings. Upon completion of the work, the marked set of drawings shall be delivered to the Contracting Officer. Request for final payment will not be approved until the marked drawings are delivered to the Contracting Officer.

Operational and Maintenance Manual When required by a Task Order furnish an operation and maintenance (O&M) manual for each system (discipline) identified. Each manual shall be bound in a standard 8-1/2" x 11", 3 ring, loose leaf, and hardcover binder or provided via PDF per task order.

The manual shall contain, as a minimum, the following:

• The manufacturer and local representative's name, address, and telephone number.

• Catalog sheets, model numbers, and other descriptive literature for each system component.

• Instructions for installation, connection, start-up, operation, shutdown, troubleshooting maintenance, lubrication, and overhaul for the items specified in the Task Order.

• Exploded or other detailed views of all components shall be included with complete parts list and ordering instructions.

• Other items may be required, and defined in Task Orders

Bio-Preferred Program Requirements

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation Part 23 to provide biobased products.

Facilities Construction and Maintenance Multiple Award IDIQ Contract The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative

(COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Adhesive and mastic removers Cleaners Sorbents Insulating foam Sealers Metalworking fluids Graffiti and grease removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

http://www.biopreferred.gov/

Facilities Construction and Maintenance Multiple Award IDIQ Contract

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

The following clauses apply to ordered construction task orders, as applicable:

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

The following clause applies to all ordered service Task Orders:

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(NOV 2023)

Facilities Construction and Maintenance Multiple Award IDIQ Contract

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

The following clauses apply to all ordered service task orders:

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

The following clauses apply to ordered construction task orders, as applicable:

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the specified completion date for each task order. The time stated for completion shall include final cleanup of the premises.

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by TBD at Task Order Level. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.211-12 Liquidated Damages—Construction (SEP 2000)

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

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

F.2 OTHER REQUIREMENTS

The Contracting Officer may issue orders to suspend or stop the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project trails which causes otherwise suitable soils to be muddy or unsuitable; or

Facilities Construction and Maintenance Multiple Award IDIQ Contract

(2) Failure of the Contractor to comply with specifications, such as but not limited to, placement of frozen material in fills, placing of asphalts or concrete at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, or FAR 52.242-15, Stop-Work Order and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 REQUIREMENTS

The following will be included in task orders as applicable:

Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at virtually.

The following applies to all task orders:

Task Orders/Calls – Request for Quote (RFQ) Procedures

a) A Task Order is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this Contract any warranted Forest Service Contracting Officer may solicit quotes and issues task orders against this contract.

c) Additional specifications may be provided with each RFQ.

d) RFQs will be transmitted primarily via e-mail.

e) RFQs typically will be evaluated on price only. However may include evaluation criteria

(ie: past performance, technical approach, etc.) which will require the submission of a technical proposal. All RFQs shall specify the method for award determination and indicate the required response documentation.

f) Upon the receipt of an RFQ from the Government, the Contractor shall respond as specified.

g) All RFQ’s will have a up to date wage determenation issued with them.

h) Contract holders will receive fair opportunity to be considered for each RFQ unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

Contract holders will receive fair opportunity to be considered for each TORFP unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

Facilities Construction and Maintenance Multiple Award IDIQ Contract

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENTS

The following requirements will be included in task orders as applicable.

KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: _ To be specified for each task order as applicable.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

Archaeological or Historic Sites If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

Control of Erosion, Sedimentation, and Pollution

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural

Facilities Construction and Maintenance Multiple Award IDIQ Contract or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of TBD at TO level if applicable *___ per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Facilities Construction and Maintenance Multiple Award IDIQ Contract

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Applicable to Both Service and Construction Individual Project Task Orders

52.202-1

52.204-10

Definitions (JUN 2020)

Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV2021) (Applicable if contract exceeds $35,000) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post-Award Small Business Program Rerepresentation (MAR 2023) 52.222-3 Convict Labor (JUN 2003) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUN 2020) (Applicable if contract exceeds $15,000) 52.222-21 Prohibition of Segregated Facilities (APR 2015) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (SEP 2016) (Applicable if contract exceeds $10,000) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Facilities Construction and Maintenance Multiple Award IDIQ Contract

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2021) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (AUG 2018) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (JUN 2020) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-23 Assignment of Claims (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.244-6 Subcontracts for Commercial Items (NOV 2023) 52.245-1 Government Property (SEP 2021) 52.245-2 Government Property Installation Operation Services (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through expiration of contract

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email

Facilities Construction and Maintenance Multiple Award IDIQ Contract address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000,000

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the ordering period or as agreed to within the task order.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from https://www.acquisition.gov/far/current/html/52_216.html#wp1115057 https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

Facilities Construction and Maintenance Multiple Award IDIQ Contract the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Alfort Belin Chief, Procurement Policy Branch 707-562-9107 Alfort.belin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within specified in the task Order as applicable.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(DEVIATION APR 2020)

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.222-70 Labor Law Violations (OCT 2021) In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law(s) made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer if and when adjudicated evidence of noncompliance occurs.

The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act. The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies.

Applicable Labor Laws include:

(a) the Fair Labor Standards Act; (b) the Occupational Safety and Health Act; (c) the Migrant and Seasonal Agricultural Workers Protection Act; (d) the National Labor Relations Act; (e) the Davis-Bacon Act; (f) the Service Contract Act; (g) Executive Order 11246 (Equal Employment Opportunity); (h) Section 503 of the Rehabilitation Act of 1973; (i) the Vietnam Era Veterans’ Readjustment Assistance Act; (j) the Family and Medical Leave Act; (k) Title VII of the Civil Rights Act of 1964; (l) the Americans with Disabilities Act of 1990; (m)the Age Discrimination in Employment Act of 1967; (n) Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (o) equivalent state laws, as defined by the Secretary of Labor in guidance. (p) Executive Order 13627 (Strengthening Protections Against Trafficking in Persons in Federal Contracts)

The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.

452.222-71 Past Performance Labor Law Violations (OCT 2021) In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror’s knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222.70).

Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal requirements listed above, if any, and be given an opportunity to disclose any steps taken to correct the violations of, or improve compliance with, such legal requirements. The contracting

Facilities Construction and Maintenance Multiple Award IDIQ Contract officer in coordination with their Mission Area senior contracting official will consider any information provided and determine whether a contractor is a responsible source that has a satisfactory record of integrity and business ethics. The contracting officer shall ensure that contractors update the information provided every 6 months and that they require their subcontractors to update them on the aforementioned information every 6 months.

The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.

Clauses Applicable to Individual Project Task Orders for Service Activities

52.212-4

Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

52.232-11 Extras (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

Contract Terms and Conditions Required To…