1282B124Q0106 Final.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1127526

USDA FOREST SERVICE

SPOC INTERMOUNTAIN

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

82B1

STEVEN DAHLGREN, CONTRACT SPECIALIST

USDA FOREST SERVICE, PPS SPOC IM

1400 INDEPENDENCE AVE SW, MS-1138

WASHINGTON DC

STEVEN DAHLGREN 906-280-5282

108/23/2024

1282B124Q0106

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

Project Title: WRN CXT Painting Project

NAICS with description: 238320 - Painting and Wall Covering Contractors

PSC: Z1JZ-Maintenance of Miscellaneous Buildings

Size Standard: $19.0 million

This requirement is 100% set-aside for small business

Project Magnitude: The anticipated magnitude of this project is between $25,000 and

$100,000.

Any site visit information:

An organized site visit is not being conducted, however, contractors are encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

15 185 calendar days and complete it within ________________ ________________ calendar days after receiving

09/03/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

WHITE RIVER NATIONAL FOREST

900 GRAND AVENUE

GLENWOOD SPRINGS CO 81601

82D7

JESSICA LYN H. RASMUSSEN

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282B124Q0106 contract award.

Any amendments to the solicitation must be acknowledged in Block 19 on the SF 1442

For questions regarding this solicitation please contact Steven Dahlgren, Contract Specialist, steven.dahlgren@usda.gov.

The precast concrete toilet buildings (CXT buildings) were all installed professionally and painted at the LB Foster plant prior to installation. Weather, mountain environments, and public use have caused wear and tear on both the exterior and interior of the buildings.

This contract is for painting CXT buildings. The work includes patching small cracks, sealing gaps between precast concrete panels, patching holes and damage to interior walls, painting interior walls, floors, and ceilings; painting doors¿ and painting the exterior of the CXT buildings located across the White River National Forest

(WRNF). The goal is to have professionally painted CXT buildings that will prolong the life of these buildings.

All painted areas will have 2 coats of paint applied to the surface.

Delivery: 11/01/2025

Delivery Location Code: 82D7

WHITE RIVER NATIONAL FOREST

900 GRAND AVENUE

GLENWOOD SPRINGS CO 81601 US

FOB: Destination

Period of Performance: 05/01/2025 to 11/01/2024

0001 WRNF CXT Painting

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 1282B124Q0106 Project Name: WRN CXT Painting Project

FAC 2024-05 May 22, 2024

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Supplies/Services Qty Unit of

Issue Unit Price Total Price

0001 Rocky Mountain Single 5 Ea $ $ 0002 Rocky Mountain Double 3 Ea $ $ 0003 Other CXT Design Single 9 Ea $ $ 0004 Other CXT Design Double 3 Ea $ $ 0005 Mobilization (includes bondng) 1 Job $ $ 1001 Option Item: Rocky Mountain

Single 2 Ea $ $

1002 Option Item: Other CXT Design Single

1 Ea $ $

1003 Option Item: Other CXT Design Double

1 Ea $ $

1004 Option Item: Mobilization for Optional Items- see info below at (f)

1 Job $ $

Total: $

B.2 SCHEDULE NOTES

a) Items labeled as optional 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) Contractors are responsible for adhering to bonding requirements based on quote pricing as applicable in accordance with bonding clauses as specified by FAR 28.

d) This requirement is being solicited in accordance with FAR Part 13 procedures. FAR Part 15 procedures will not be utilized.

e) An organized site visit is not being conducted, however, contractors are encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent

FAC 2024-05 May 22, 2024 that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

f) Mobilization expenses for Optional Items may be exercised if at the time of execution of Optional Items, the awardee has finished base items and has already demobilized. An incurred cost of remobilization will be reimbursed.

g) Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contract, shall not be in addition to the contract price.

FAC 2024-05 May 22, 2024

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The precast concrete toilet buildings (CXT buildings) were all installed professionally and painted at the LB Foster plant prior to installation. Weather, mountain environments, and public use have caused wear and tear on both the exterior and interior of the buildings.

This contract is for painting CXT buildings. The work includes patching small cracks, sealing gaps between precast concrete panels, patching holes and damage to interior walls, painting interior walls, floors, and ceilings; painting doors’ and painting the exterior of the CXT buildings located across the White River National Forest (WRNF). The goal is to have professionally painted CXT buildings that will prolong the life of these buildings.

All painted areas will have 2 coats of paint applied to the surface.

C.2 PROJECT LOCATION

All CXT building sites are considered remote accesses from the National Forest System Roads.

Contractor vehicles should be able to navigate gravel roads. Roads can be in barying conditions from drya and dusty to wet, muddy, and/or rutted. Cellular coverage is minimul to none at several locations. Other means of communication will be needed.

See attachments in Section J for location of each CXT building.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The anticipated magnitude of this contract action is between $25,000 and $100,000.

C.4 GENERAL SPECIFICATIONS

Use of Premises: The contractor shall have full access to all CXT buildings. The contractor shall submit all personnel under their employ, to include subcontractors, to a background investigation to obtain access to site premises.

Camping: Camping at each site may be available depending on the availability. The contractor shall follow the following camping requirements:

No campfires unless camping in a designated campground site with a metal fire ring. All fires will be attended at all times and put out completely with water prior to leaving the site.

All attractants including; food, beverages, and trash shall be stored in a bear resistant manner via within a locked vehicle, enclosed trailer, or in an approved cooler / container.

The campsite shall be kept in a clean and orderly manner.

All dogs shall be leashed at all times.

FAC 2024-05 May 22, 2024

All trash shall be removed from National Forest Sytem lands to an appropriate container off of forest property.

The contractor shall adhere to all posted campground rules.

The contractor shall adhere to quiet hours from 10:00p – 6:00a.

Preservation of Natural Features:

1. Confine all operations to the work limits of the project. Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged trees and plants, at no additional expense to the Government.

2. Provide temporary barriers to protect existing trees, plants, and root zones.

3. Do not remove, injure, or destroy trees or other plants without prior approval.

4. Do not fasten ropes, cables, or guys to existing trees.

5. Do not damage remaining exterior or interior features, including logs.

6. Driving heavy vehicles on non-compacted ground may damage underground utilities and water systems. Vehicle access beyond driveways and parking areas should be coordinated with the COR.

7. All waste should be stored and disposed of in a manner that does not litter the site due to high winds / adverse weather.

Work Restrictions: The contractor shall, at all times, conduct operations to ensure the least inconvenience to the public. The contractor shall confine storage of materials to areas approved by the CO. The contractor will be required to provide safety through the use of safety items such as signage, barricades, and safety flagging.

Schedule: Work shall be conducted during the hours of 6:00a – 10:00p daily Monday through Friday. No work shall be conducted on the weekends or during Federal holidays without prior written approval from the CO. The period of performance shall be finished prior to October 31, 2025.

Permits: Camping permits may be required and shall be obtained prior to camping on Forest Service land.

C.5 TECHNICAL SPECIFICATIONS

Work:

The contractor shall furnish all supplies, equipment, and services required to perform the work under this contract.

Required color pallets for CXT building exterior:

o Rocky Mountain Toilets

Roof – Charcoal Gray Walls – Java Brown Imitation Rocks will not be painted o Cascadian, Tioga, Gunnison, Pueblo, and Spokane/Sequoia Toilets Mocha Caramel for the walls and roof

Required color pallets for CXT building interior:

FAC 2024-05 May 22, 2024 o Walls and ceiling White KX-10Y o Floor Gray Rexthane floor epoxy from Sherman Williams

Required color pallet for CXT building doors:

o All doors will be painted in Rich Brown

The contractor shall purchase all approved paint products from CXT Precast Concrete Buildings LB Foster (800-696-5766) or from an LB Foster approved supplier.

Rocky Mountain Toilet Design – See Attachment o 4 Singles interior and exterior o 2 Singles exterior only o 1 single interior only o 2 Doubles interior and exterior o 1 double exterior only

All other CXT building designs – See Attachment o 8 Singles interior and exterior o 1 Single interior only o 1 Single exterior only o 2 Doubles interior and exterior o 1 Double interior only o 1 Double exterior only

All building interior, exterior, and door surfaces shall be painted with two (2) coats of paint.

The contractor shall scrape or remove all loose, chipped, or unsealed paint in a manner that does not damage the underlying concrete or wood structure.

The contractor shall fill divots, holes, and depressions using standard a concrete patch kit.

o The contractor shall fill large holes, depressions, and air or rock pockets in all surfaces with patching mortar or grout. Adhere to manufacturer’s instructions for site preparation, mixing, application, and curing time prior to painting.

o The contractor shall roughen the damaged areas, including any paint edges and exposed concrete, with 100 to 125 grit sandpaper, wire brushes, or a dry paintbrush with stiff bristles to remove loose material inside the hole. All surfaces should be clean and free of foreign substances.

o Damages shall be filled with mortar or grout repair products that adhere soundly to the concrete wall and produce a smooth paintable surface. Materials shall be non-shrink or shrink-compensated.

Quikrete Commercial Grade Fast Set Repair Mortar or an equivalent mortar product. All equivalent materials must be approved by the COR prior to use.

The contractor shall report any holes, chips, or exposed reinforcement totaling more than eighteen (18) cubic inches, or defects more than two (2) inches deep.

The contractor shall prepare / clean all surfaces in a manner that they are ready to accept new paint.

The contractor shall seal all cracks or seams in walls.

FAC 2024-05 May 22, 2024 o Cracks shall be caulked with paintable silicone caulk. An even application of caulk filling the crack along its entire length is required. The contractor shall clean excess caulk from the surface with a damp rag and allow applications of caulk to dry to manufacturer’s specifications prior to painting.

Silicone caulk must have a minimum 5-year guarantee and excellent UV resistance.

3M Adhesive Sealant 760 UV or an equivalent product. All equivalent materials must be approved by the COR prior to use.

The contractor shall tape off, mask, or remove all signage, vent pipes, windows, window frames, lower rock work (Rocky Mountain design), and doors not being painted as to not cause overspray.

All cleaning and storing of paint, or other materials, shall occur in an environmentally friendly manner and no paint or other material shall be disposed of on National Forest System lands or waters.

All equipment shall be in full accordance with all local and State Regulations.

Government Furnished Items: The Forest Service shall provide CXT keys to access all buildings along with keys/combinations for closed gates where camp sites are closed to the public. The contractor is responsible for returning the keys once the contract is completed.

Material Approval: Any materials considered for the work not approved by CXT Precast

Concrete Buildings LB Foster shall be approved by the CO or the COR prior to use.

Debris: The contractor shall remove all existing debris that is on-site as required to complete the work. All debris resulting from the work shall become the contractor’s property and must be properly disposed of off Forest Service System land. The contractor shall take all steps necessary to prevent spillage when transporting waste materials to and authorized disposal site. The contractor has the sole responsibility for any costs required for cleanup and damage resulting from the contractor’s haul spillage.

Measurement and Payment: For each individual item listed in the Schedule of Items, payment will be full compensation for all work related to the particular item in accordance with the Specifications. The method of measurement for payment will be lump sum quantities (LSQ) which denote one complete unit of work as described in the contract; including necessary materials, equipment, and labor to complete ethe job. They will be measured as complete and in-place.

AGAR 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.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

FAC 2024-05 May 22, 2024

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

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 15 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 by 01 November 2025. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled by the contract COR by a means of their determination. This may include electronically, phone, or in-person.

G.2 OTHER REQUIREMENTS

FAC 2024-05 May 22, 2024

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

AGAR 452.228-71 Insurance Coverage (NOV 1996)- Alternate I (NOV 1996)

Pursuant to FAR clause FAR 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.

(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.

(End of clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

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

Superintendent _____________________________________________________.

(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

FAC 2024-05 May 22, 2024 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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec

2023) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

FAC 2024-05 May 22, 2024

FAR 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Pricing Method) (AUG 2018) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021)-

Alternate l (JULY 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) FAR 52.223-20 Aerosols (MAY 2024) FAR 52.223-21 Foams (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

FAC 2024-05 May 22, 2024

FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023)

FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020)

(DEVIATION MAY 2023)

FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.237-1 Site Visit (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB

2024) FAR 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (APR 1984) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) AGAR 452.236-72 Use of Premises (NOV 1996)

FAC 2024-05 May 22, 2024

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

Option for Additional Services

(a) The Government may exercise this clause for additional services pertaining to the optional items included in this contract in items:

Prices for these services are as established by execution of the contract. If required, these optional items will be incorporated into the contract by written notice to the Contractor within 30 days provided the Government gives the contractor a preliminary written notice of its intent to extend within at least 60 days before the end of the period of performance of this contract.

The preliminary notice of the Government’s intention does not commit the Government to an extension.

(End of clause)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and

FAC 2024-05 May 22, 2024 that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

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

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

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

FAC 2024-05 May 22, 2024 faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners.

Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

(b) Domestic preference.

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

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

none________________________________________________ [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-

FAC 2024-05 May 22, 2024

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

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

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

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

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

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

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

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

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

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

FAC 2024-05 May 22, 2024

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

FAC 2024-05 May 22, 2024

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

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

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

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

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

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

(End of clause)

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections

A Payment Bond and an Irrevocable Line of Credit________________________________

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within __10___ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 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.

FAC 2024-05 May 22, 2024

(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.

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

ATTACHMENT 1: WRNF CXT TOILET PAINTING SITE LIST

ATTACHMENT 2: WRNF CXT TOILET LOCATIONS AND DIRECTIONS

ATTACHMENT 3: WRNF CXT PHOTOS

ATTACHMENT 4: WRNF CXT TOILET PAINTING BUILDING LIST

ATTACHMENT 5: WAGE DETERMINATION

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

FAR 52.204-8 Annual Representations and Certifications (MAY 2024) (DEVIATION NOV 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238320 Painting and Wall Covering Contractors.

(2) The small business size standard is $16.5 Million.

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

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

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

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

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

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

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

(c) (1) The following representations or certifications in SAM are applicable to this

FAC 2024-05 May 22, 2024 solicitation as indicated:

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

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

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

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

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

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

(iv) FAR 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at FAR 52.204-7, System for Award…