1282B123Q0037 final.pdf

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OFFEROR

82B1

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC INTERMOUNTAIN

USDA FOREST SERVICE

03H8 CODE 16. ADMINISTERED BYCODE

X

X

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238990

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% FOR:SET ASIDE:UNRESTRICTED OR82B1

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/20/2023 1700 ET

03/02/2023

800-832-1355TRACI DAVIS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282B123Q0037

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 44 1087443OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TOWNSEND MT 59644

415 S FRONT

TOWNSEND RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC INTERMOUNTAIN

9. ISSUED BY

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2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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TION UNLESS BLOCK IS

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12. DISCOUNT TERMS

THIS CONTRACT IS A

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DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 06/01/2023 Period of Performance: 06/01/2023 to 10/20/2023

0001 Disaster-Woods Creek Fire Fence removal, replacement and Heavy Maintenance for the West and East side. West side must be completed prior to moving to the East side

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MATTHEW T. SUTTON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

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ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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REF.

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32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

1282B123Q0037 Woods Creek Fire East Fence Replacement and Heavy Maintenance Project 2023

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

See Attachment 1 – Schedule of Items……. This attachment must be returned completed with your proposal.

Project broken up into two parts based off of level of work required. The fences are either a complete removal/reconstruction and heavy maintenance/repair.

Pay Item Number Description

Method of Measurement Estimated

Quantity

*Unit Price based on ease of construction

Total Price

1 Mobilization LSQ All

Part A:

The work shall consist of removing in its entirety the burned fences, reconstructing the fence in the existing location or as flagged on the ground for the re-route(s). Most of the fence is accessible with equipment. The contractor is responsible for supplying all the necessary materials.

See Section C3 (3.04) for installation specs.

Pay Item Number Description Method of

Measurement Estimated Quantity

Unit Price

Total Price

A1 Lump Sum: fence removal and reconstruction of 3 wire fence

LSQ 27,377 ft $ $

A2 Lump Sum: fence removal and reconstruction of a post and 3 rail fence

LSQ 1,200 ft $ $

A3 Contractor furnished materials LSQ ALL $ $

Total $

Part B:

The work shall consist of repairing/heavy maintenance of existing fence sections identified by the Forest Service that were not completely damaged by the Woods Creek fire and are still maintainable. Some of the sections are in areas inaccessible with equipment. The Forest Service will supply all the necessary materials. Payment is lump sum for the entire fence maintenance/repairs.

Pay Item Number Description Method of

Measurement Estimated Quantity Unit Price Total Price

B1 Fence maintenance: LSQ 21,404 ft $

Total $

B.2 SCHEDULE NOTES

a) Items labeled as optional (if there are any) are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

c) The Attachment 1 has the Schedule of Items that must be returned with the contractor’s proposals

B-3 BASIS OF AWARD

Award will be made on the best value to the Government based on experience, past performance, and price.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

1.01 Intent of Contract - The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work.

Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

1.02 Description of Work – The work shall consist of the construction of a new 3-wire (barbed wire) fence, fence maintenance, and fence removal and disposal.

Work covered under each Pay Item in the Schedule of Items includes:

Pay Item No. 1 – Mobilization (entire project):

The work shall consist of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

Pay Item No. A1 –Removal and Reconstruction of 3-wire Fence:

The work shall consist of roll-up and removal of all fencing material on identified segments off of National Forest System Lands and disposed of in a lawful manner.

Reconstruction of a 3-wire barbed wire fence with steel posts, corner braces, line braces, wood line posts or deadmans on hilltops, dips and swales. Fence must be wildlife friendly and the top wire shall be no higher than 40 inches and the bottom wire no lower than 19 inches with three sections of let-down fence identified on the ground. Letdown sections need to be in the main wildlife crossing areas. There shall be three, 50 to 100 feet sections of letdown and the location will be flagged/staked on the ground by the Forest Service with braces on either side of the letdown sections. The sections of letdown shall be constructed with steel posts and stays between steel posts and attached to the steel posts.

Forest Service estimates;

30 corner braces 3 let down sections 48 line braces 7 wire gates (minimum 12’, 16’ length preferred) 2 - 6’ panel gates on post and pole fence

These are estimates and the actual amounts will vary according to actual field conditions. Payment is lump sum for the entire fence.

See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A2 –Removal and Reconstruction of 3 Rail Fence:

The work shall consist of removal of all fencing material on identified segments from National Forest System Lands and disposed of in a lawful manner. Reconstruction of a 3 rail fence with wooden post, spaced no more than 10 foot apart. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A3 – Contractor Furnished Materials:

Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service.

Stockpile locations can be agreed to by the Forest Service before arrival of materials.

Approved materials can be found under, Section C2-Products.

Pay Item No. B1 –Maintenance of Existing Fence:

The work shall consist of repairing or heavy maintenance of existing fences that were not completely damaged by the Woods Creek fire and are still maintainable. The work shall consist of repairing the existing fence. This may include replacing braces, posts, tightening up the wire, etc. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

1.03 Project Location. The project is located on the Townsend Ranger District, Helena-Lewis & Clark National Forest, in Broadwater and Meagher Counties, Montana. The Woods Creek Fire project area is approximately 30 miles northeast of Townsend, Montana and approximately 30 miles west of White Sulphur Springs. General elevation in the project area varies from is approximately 4,800 feet to 6,800. The elevation of the fence fluctuation is approximately 1000 feet in areas. The topography of this fence varies from extremely steep and rocky to fairly level but rocky. Access by equipment is moderate but not guaranteed. The landscape ranges from burned juniper and Douglas fir to burned shrubland. The majority of the fences were impacted by the fire, but some areas were classified as high burn severity. The fences to repair were in low severity with minor damage.

1.04 Intentionally Blank

1.05 Pre-Bid Tour. A pre-bid tour will not be held however permission from private landowners may be necessary to access some fence locations.

1.06 Pre-Bid Conference. A pre-bid conference will not be held.

1.07 Start Work. It is estimated that the work will begin on June 15, 2023.

1.08 Performance Period. Contract time shall be 90 calendar days.

1.09 Contractor-Furnished Materials. Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Approved materials can be found under, Section C2-Products.

1.10 Work Schedule. The Contractor shall supply a work schedule before starting the project. The

Contractor shall notify to Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

1.11 Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

1.12 Off-road permits. Portions of the project area are inaccessible to highway vehicles but may be accessible via off-highway vehicles. The Contractor is encouraged to review site conditions prior to submitting bids.

Upon request, the Contractor will be issued an off-road permit for use of ATVs and other off-highway motor vehicles for the purposes of completing work required under this contract. Contact Tracy Schilling at the Townsend Ranger District (406) 439-6219 for additional information.

1.13 Camping – Camping will be permitted in the contract area during the contract performance period with written permission from the Contracting Officer and District Ranger.

1.14 Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition.

Construction related debris, camp refuse, etc. resulting from the Contractor’s operations shall be removed promptly from the site and disposed of in a lawful manner. The Contractor shall pay for fees for the use of landfills or transfer stations if there is a charge.

1.15 Security and Protection - The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection.

C2 – PRODUCTS

2.01 Posts

A. Steel Line Posts - Standard T post, minimum 1.33 lb/ft. with a steel anchorplate, minimum 5

1/2 foot length, and white tops.

B. Wood Line Posts – Pressure treated (.40 CCA) wood posts with minimum size of 5”x7’ C. Wooden Brace Posts - Pressure treated (.40 CCA) wood posts with a minimum size of 7"x7'6”.

D. Horizontal or Bracing Post – Pressure treated (.40 CCA) wood rail or post with a minimum size of 4" diameter will be used.

E. Wood Rails – Pressure treated (.40 CCA) wood rails with a minimum size of 2 1/2” x 10’ and a maximum size of 3 ½” x 12’ F. Gate Sticks - Pressure treated (.40 CCA) wood rail or post with a maximum size of 4" diameter will be used.

G. Gate Stays - Pressure treated (.40 CCA) wood rail or post with a maximum size of 3" diameter will be used.

H. Nails or Construction Screws- 5 inch minimum length unless otherwise approved.

2.02 Wire

A. Barbed Wire - 12.5 gauge, strength, 90,000 to 105,000 PSI.

B. Twisted Smooth Wire – 12.5 gauge (for bottom wire, brace wire, deadmans, and gate loops).

C. Staples – Barbed, galvanized 1.5 - 2 inch length.

D. Clips – standard steel clips manufactured for attaching barbed wire to steel posts E. Twist Stick– 5/8” rebar or fiberglass; 24” in legnth (twist stick)

2.03 Gate Closure – Gate closures shall be heavy duty and fit 2 7/8” pipe posts or be welded on.

C3 - EXECUTION

3.01 Delivery and Storage - Deliver, store, and handle material and other manufactured items so that they will not be damaged or deformed.

3.02 Underground Utilities – The Contractor is responsible for the location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractor’s expense.

The Contractor shall contact Montana One Call prior to any ground disturbance.

3.03 Installation:

A. Staking – The fence alignments will go where old fence was removed except where the fence has been relocated by the Forest Service. This will be staked or flagged for proximity reference. The Contractor shall survey the fence line as necessary to ensure the fence is installed in a straight line between posts and braces. The final fence alignment shall be within 10 feet of the Forest Service’s staked or flagged alignment or removed fence line. Contractor is responsible for maintaining all fence alignment stakes or flags throughout the life of the contract. All staking and/or flagging shall be removed and disposed of by the Contractor prior to final acceptance.

B. Alignment – The fence shall be constructed in straight line segments from brace to brace.

All turns will require a corner brace installed with the angle of the brace in line with the fence direction.

C. Line Braces - Line braces shall be placed a minimum of every quarter mile of stretch and where needed along draw crossings or hill points. Line braces shall consist of two brace posts and one horizontal 4” rail or post or 2” pipe. Brace posts shall be installed a minimum of 36 inches in the ground and tamped in layers around the post until firm. Smooth wire brace will be double wire twisted tight. The twist sticks shall be secured in place. (See Exhibit A)

Exhibit A (Line Brace)

D. Gates - Gates will be 12 to 16 feet wide with three wooden stays at 1/4 width. Gate sticks will have a minimum diameter of 4 inches. Twisted smooth wire will be used for all bales on brace posts. The length of the gates and location will be determined by the COR. A gate closure shall be installed on one side of each gate. (see exhibit B)

Exhibit B

(Gate)

E. Gate Braces - Construct gate braces as described for Line Braces above. (see exhibit A) F. Corner Braces - Corner braces shall be placed in all turns in fence, constructed as described above for Line braces and as shown on the drawings. (See exhibit C)

Exhibit C (Corner Brace)

G. Line posts - Spacing for line posts shall be as shown on the drawings. Steel posts shall be driven so the anchor plate is not above ground. Wood line posts shall be placed at low and high points along the fence and on each side of deadman. Wood line posts shall be embedded a minimum of 36 inches in the ground. (see exhibit D)

H. Wire Spacing – As shown on the drawings. In no case shall top wire exceed 40 inches above ground and the bottom wire be less than 19 inches from the ground. (See exhibit D)

Brace post driven to a minimum of 48”.

Diagonal brace rails secured with brace hardware at a maximum of 75% of the heigh of the brace post. Backing posts of a minimum of 4 to 6’ are driven to slightly above ground level, with brace rail secured via other brace hardware.

Exhibit D (Line and Wire Spacing)

I. Deadman – A deadman shall be used for crossing small draws or ravines. A large rock buried 24 inches deep, or other methods approved by the Forest Service shall be used where needed.

The method used shall hold fence wires down and in place without any upward movement. (see exhibit E)

Exhibit E (Deadman)

J. Letdown Fence – A maximum length of 75 feet of letdown will be constructed. Line braces (see exhibit A) will be constructed at each end of the letdown segments. Steel post spacing of 18 feet and gate sticks will have a minimum diameter of 4 inches.

Wooden stays will have a maximum diameter of 3.5 inches and will be spaced at a maximum of 8 feet between steel posts, with one stay attached to the steel post at the ground level and a loop at the top to allow for the fence to be laid down using 12.5 gauge smooth wire. More than one stay will be necessary between each steel post. Wire will be attached to the stays and will look like a large gate until opened and then the fence will lay on the ground but attached to the steel posts at the bottom. (See exhibit F).

Exhibit F (Letdown Segments)

K. Post and Rail Fence – Wood line posts shall be embedded a minimum of 36 inches in the ground, with a maximum distance of 10 feet between posts. Three rails will be spaced out to allow for a minimum of 19 inches from the ground. (see exhibit G)

Exhibit G Post and Rail

C4 – MEASUREMENT AND PAYMENT

4.01 Scope of Payment. Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the bid schedule.

A. Direct payment. Payment is provided directly under a pay item shown in the bid schedule.

B. Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the Contractor. Payment for such work is indirectly included under other pay items shown in the bid schedule.

Compensation provided by the pay items included in the contract bid schedule is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature of prosecution of the work is included in the compensation provided by the contract.

Work measured and paid for under one pay item will not be paid for under any other pay item.

The quantities shown in the bid schedule are approximate unless designated as a contract quantity.

Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

4.02 Unit of Measurements: Payment will be by units defined and determined according to measure.

Unless otherwise specified, the meanings of the following terms are as follows:

A. Linear Foot (LF) – As applicable, measure the work along its length from end-to-end;

parallel to the base or foundation; along the front face; or along the invert. Do not measure overlaps.

B. Mile – 5280 linear feet. Measure along slope line of each fence.

C. Lump Sum (LS) – Do not measure directly. The quantity is designated as “All”.

D. Each – One entire unit. The quantity is the actual number of units completed and accepted.

4.03 Methods of Measurement: One of the following Methods of Measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

A. Contract Quantities (CQ) AND Design Quantities (DQ) - These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

a) As a result of changes in the work authorized by the Contracting Officer.

b) As a result of the Contracting Officer determining that errors exist in the original design data used to determine designed quantities that cause a pay item to change by more than 15 percent.

c) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design data used to determine design quantities that cause a pay item total to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

B. Actual Quantities (AQ) - These quantities are determined from measurements of completed work.

C. Lump Sum Quantities (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured.

4.03 Mobilization. This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

The mobilization lump sum will be paid as follows:

A. When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

B. When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

C. Any portion of the mobilization item in excess of 10 percent of the original contract amount will paid after final acceptance.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

In accordance with FAR 36.204, the magnitude of this project is estimated to be between $100,000 and $250,000.

C.4 TECHNICAL SPECIFICATIONS

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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 90 days. 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 1 September. 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.

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

452.215-73 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 virtually over TEAMS or telephonically.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) 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 $100,000 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.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(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.

H.2 OTHER REQUIREMENTS

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 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 $100,000 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.

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-10 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) 52.204-23 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 (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (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) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(DEVIATION APR 2020)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (DEC 2022)

(DEVIATION APR 2020)

52.246-21 Warranty of Construction (MAR 1994) 52.249-10 Default (Fixed-Price Construction)Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

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

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

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

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

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

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

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

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

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

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content,…