12837120R0022 SH BRIDGE REPLACEMENT 7.15.2020 Final.pdf

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

ANOAWARO 12837120R0022 □SEALED BID (IFB)

(Construction, Alteration, or Repair) � NEGOTIATED (RFP) 07/15/2020

IMPORTANT•· The "offer'' section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY

SOUTHWESTERN REGION

333 BROADWAY SE

ALBUQUERQUE NM 87102

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

985029

8. ADDRESS OFFER TO CODE I 8371

1----------------f

PLEASE EMAIL ALL PROPOSALS TO

DAVID.L.WATSON@USDA.GOV

1 I 3

9. FOR

la. NAME

INF�� DAVID WATSON

l

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

602-225-5350

SOLICITATION

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

10. THE GOVERNMENT REQU RES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., dale)

11. The Contractor shall begin perfonnance 10 calendar days and complete it within 365 D award, I!] notice to proceed. The perfonnance period is I!] mandatory D negotiable. (See

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BOND� (If 0YES� indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQU REMENTS:

l!IYES □NO calendar days after receiving

12b. CALENDAR DAYS

a. Sealed offers in original and I copies to perfonn the wa1( required are due at the place specified in Item 8 by (hour) local time

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

b. An offer guarantee 00 is, Dis not required.

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

d. Offers providing less than 90

NSN 7541W1-155-3212

calendar days for Go'JefTlment acceptance after the date offers are due will not be considered and will be rejected .

STANDARD FORM 1442 (Rev.�)

Prescribed by GSA FAR(48 CFR) 53.236-1(d)

EXHIBIT 1 S&H Bridge Replacement Specifications

EXHIBIT 2 SignedPSEPlanSet

S&H Bridge Replacement Sections B - Schedule of Items

S&H Bridge Replacement Section C - Scope of Work

Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects (FP-14) BIOPREFERRED

CONSTRUCTION/MAINTENANCE & REPAIR (OCT 2010)

WAGE DETERMINATION

PLEASE INCLUDE NM GROSS RECEIPTS TAX IN YOUR BID PROPOSAL!!!!

Responses due: THURSDAY AUGUST 13, 2020 by 3:00 PM PT

Site Visit: (MANDATORY) WEDNESDAY, JULY 29, 2020 at 9:00 AM PT

Carson National Forest Supervisor Office, 208 Cruz Alta Road, Taos, NM 87571

***A BID BOND IS REQUIRED (20%)***

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

SOUTHWESTERN REGION

333 BROADWAY SE

ALBUQUERQUE NM 87102

DAVID L. WATSON

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

CONTINUATION SHEET

NAME OF OFFEROR OR CONTRACTOR

FERENCE NO. OF DOCUMENT BEING CONTINUED

12837120R0022

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY UNIT

S&H Bridge Replacement

The contractor will perform all work below in the performance of this project:

- Removal and disposal of existing 16'-10" timber bridge, abutments, and all other materials

- Installation of a 24'-1" Span, 6'-6" Rise Aluminum Box Culvert including:

- Culvert designed by manufacturer

- Headwall and wingwalls designed by manufacturer

- Reinforced concrete footings

- Installation of riprap protection around structure

- Construction of new road embankment over existi1g road and new culvert

- Installation of aggregate surfacing on new r,

- Installation of permanent signage

- Installation of barricade boulders to contro user traffic

Delivery: 365 Days After Notice to Proceed

Delivery Location Code: 83A7

USDA FOREST SERVICE

CARSON NATIONAL FOREST

SUPERVISOR OFFICE

208 CRUZ ALTA RD

TAOS NM 87571 US

Period of Performance: 09/07/2020 to 09/06/2021

S&H Bridge Replacement

See schedule of Items ad

NSN 7541W1-152-0067

(C) (0)

UNIT PRICE

(E)

PAGE

OF

AMOUNT

(F)

OPTIONAL FORM 336 (�6)

Sponsored by GSA

FAR 148 CFRl 53.110

S&H Bridge Replacement

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 - SCHEDULE OF ITEMS

ITEM

NO. DESCRIPTION PAY

UNIT QTY UNIT PRICE TOTAL PRICE

15101 Mobilization LS 1 $ $ 15201 Construction survey and staking; method I, tolerance A LS 1 $ $ 15713 Soil erosion and pollution control LS 1 $ $ 20305 Removal of structures and obstructions LS 1 $ $ 20407 Roadway excavation CY 500 $ $ 20417 Embankment construction, compaction placement method 2 CY 530 $ $ 20801 Structure excavation CY 165 $ $ 20802 Structural backfill CY 210 $ $ 20850 Foundation fill, below geocell CY 50 $ $ 20851 Dewatering LS 1 $ $ 25102 Placed riprap, Class 3 CY 280 $ $ 25203 12 Barricade Rocks, 36" Min Dimension, Place as

Directed by CO LS 1 $ $ 27250 Earthwork geosynthetics, geocell foundation LS 1 $ $ 30116 Aggregate Surface Course, Grade G, Compaction

Method B TN 100 $ $ 59052 Pre-cast concrete member, spread footing and stem wall FT 46 $ $ 60305 24'-1" Span x 6'-6" Rise, Aluminum Structural Plate

Box Culvert FT 22.5 $ $ 62406 Placing conserved topsoil LS 1 $ $ 62502 Seeding, dry method LS 1 $ $ 63308 Object Marker EA 4 $ $ 63501 Temporary traffic control LS 1 $ $

TOTAL PROJECT COST = $

B.2 – Contractors shall submit prices for all items listed in the Schedule

B.3 PRICE PROPOSAL: The proposal may be submitted by fax or e-mail and followed up with the signed original by mail. The Contractor is responsible for verification of receipt of fax transmittals. Email: David.l.watson@usda.gov.

mailto:David.l.watson@usda.gov

Submitted By: Offeror’s Signature Phone/Fax Number Date

Company Name and Address: _______________________________________________

SECTION C – SPECIAL CONTRACT REQUIREMENTS

GENERAL

Scope of Work:

The complete requirements for this project are shown in the Plans, Specifications and Schedule of Items. The following is a general list of items required in the performance of this contract.

• Removal and disposal of existing 16’-10” timber bridge, abutments, and all other materials

• Installation of a 24’-1” Span, 6’-6” Rise Aluminum Box Culvert including:

o Culvert designed by manufacturer o Headwall and wingwalls designed by manufacturer o Reinforced concrete footings o Installation of riprap protection around structure

• Construction of new road embankment over existing road and new culvert

• Installation of aggregate surfacing on new road

• Installation of permanent signage

• Installation of barricade boulders to control user traffic

Project Location:

S&H Bridge is located on Forest Service Road 478 at MP 0.1 on the Carson National Forest at the crossing of the Rio Chiquito approximately 13 miles east of the intersection with highway 68 near Taos, NM.

Work Procedure:

All work related to this project shall be done in accordance with all applicable OSHA and State of New Mexico regulations.

Construction staging areas shall be proposed by the contractor and approved by the CO.

If the contractor will be camping near the site, a permit must first be obtained. The permit request shall be made through the CO.

Estimated Price Range:

Between $250,000 to $500,000

Referenced Specifications:

The FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) are part of this solicitation and any resultant contract.

Copies of the FP-14 are available from: https://flh.fhwa.dot.gov/resources/specs/

SPECIAL NOTE: The specification contained in this contract is a list of major special project specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) or contained in the FP-14 are also fully applicable to the solicitation and any resultant contract.

Supplemental Specifications (SS) – The supplemental specifications identified in this contract were prepared by the Forest Service to modify or add to the FP-14 to customize the specifications to this project.

SUPPLEMENTAL SPECIFICATION LIST

Section No Title Preface SS-101 Terms, Format and Definitions SS-102 Bid, Award, and Execution of Contract SS-103 Scope of Work SS-104 Control of Work SS-105 Control of Material SS-106 Acceptance of Work SS-107 Legal Relations and Responsibility to the Public SS-108 Prosecution and Progress SS-109 Measurement and Payment SS-152 Construction Survey and Staking SS-153 Contractor Quality Control SS-155 Schedules for Construction Contracts SS-156 Public Traffic SS-157 Soil Erosion Control

SS-204 Excavation and Embankment SS-208 Structure Excavation and Backfill for Selected Major

Structures SS-209 Structure Excavation and Backfill SS-251 Riprap SS-272 Geocell Abutment Stabilization

SS-301 Untreated Aggregate Courses

SS-603 Structural Plate Structures SS-625 Turf Establishment SS-633 Permanent Traffic Control

SS-703 Aggregate SS-704 Soil SS-705 Rock SS-709 Reinforcing Steel and Wire Rope SS-736 Geocell https://flh.fhwa.dot.gov/resources/specs/

Submittal Schedule:

Refer to table below as a summary of the required sampling, testing, products and certifications for the project -the table is to assist the Contractor, but may not be all inclusive – additional submittals may be required by specific specification sections:

SPEC.

SECTION SECTION TITLE SUB-

SECTION REQUIRED SUBMITTAL

104 Control of Work 104.03(c) As-Built Plans

105 Control of Material FSSS

105.02 (c)

Contractor Weed-Free Material Sources Certification

105 Control of Material 105.04 Private property agreements and documents

106 Acceptance of Work 106.03 106.04 106.05

Material certifications

107 Legal Relations & Responsibility to the Public 107.01 Permits and agreements

107 Legal Relations & Responsibility to the Public 107.10(b) (SPCC) Plan or Hazardous Spill Plan

109 Measurement & Payment 109.04 Certified Delivery Records of Items Weighed for Payment

152 Construction Survey and Staking 152.04 As-staked data and corrections 153 Contractor Quality Control 153.02 Contractor’s Quality Control Qualifications 153 Contractor Quality Control 153.03 Contractor Quality Control Plan

156 Public Traffic

FSSS

156.03 & 156.05

Traffic Control Plan & Temporary Closure Notice

157 Soil Erosion & Sediment Control FSSS 157.04

Soil Erosion & Sediment Control Measures Plan

157 Soil Erosion & Sediment Control 157.14 Erosion and sediment control measure inspections

171 Weed and Disease Prevention FSSS 171.03

Written Notification/Schedule for Equipment Noxious Weed Inspection

203 Removal of Structure and Obstructions 203.05 Disposal statement, plan, agreement or permit

204 Excavation & Embankment 204.15 Sampling, Testing, & Compaction Results

208 Structure Excavation and Backfill for Selected Major Structures 208.03 Slope, cofferdam design

208 Structure Excavation and Backfill for Selected Major Structures 208.07 Dewatering plans

272 Geocell Abutment Stabilization 272.06 Product literature and certification, sample if requested

301 Aggregate Courses FSSS

301.02 Aggregate surface material

301 Aggregate Courses FSSS

301.03 Written Request for Roadbed Approval

301 Aggregate Courses 301.06 Testing Results 552 Structural Concrete 552.03 Mix design 552 Structural Concrete 552.10 Plans as required

603 Structural Plate Structures FSSS

603.03 Design drawings, details and calculations

603 Structural Plate Structures 603.04 Assembly instructions

625 Turf Establishment FSSS

625.07 Weed-Free & Approved Seed Mix Certification

PROVISIONS AND CLAUSES

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items C - SECTION C - Description/specifications/Statement of Work D - SECTION D - Packaging and Marking E - SECTION E - Inspection and Acceptance F - SECTION F - Deliveries or Performance G - SECTION G - Contract Administration Data H - SECTION H - Special Contract Requirements I - SECTION I - Contract Clauses J - SECTION J - List of Documents, Exhibits, and Other Attachments K - SECTION K - Representations, Certifications, and Other Statements of Offerors L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents M - SECTION M - Evaluation Factors for Award

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

C - SECTION C - Description/specifications/Statement of Work

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

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): [Insert one or more Internet addresses]

(End of clause)

F - SECTION F - Deliveries or Performance

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

I - SECTION I - Contract Clauses

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-7 System for Award Management. (OCT 2018)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.219-6 Notice of Total Small Business Set-Aside. (MAR 2020)

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-6 Construction Wage Rate Requirements. (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (AUG 2018)

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)

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)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(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 item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

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

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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 component test of the Buy American statute is waived for construction material that is a COTS item. (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 item or to the construction materials or components listed by the Government as follows:

(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. 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 6 percent;

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(d) of this clause.

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

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

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

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

(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)*

Item 1

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)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be [ ] percent of the bid price or [ ], whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (AUG 2018)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

(a) "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

Issuing Financial Institution's Letterhead or Name and Address

Issue Date __________

Irrevocable Letter of Credit No. __________

Account party's name ___________

Account party's address __________

For Solicitation No. ___________ (for reference only)

To: (U.S. Government agency)

(U.S. Government agency's address)

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $______. This Letter of Credit is payable at (issuing financial institution's and, if any, confirming financial institution's) office at (issuing financial institution's address and, if any, confirming financial institution's address) and expires with our close of business on ___________, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. (This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.) It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No.___ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of ___________ (State of confirming financial institution, if any, otherwise State of issuing financial institution).

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, (Issuing financial institution)

(f) The following format shall be used by the financial institution to confirm an ILC:

(Confirming Financial Institution's Letterhead or Name and Address)

(Date)

Our Letter of Credit Advice Number _____________

Beneficiary: ___________ (U.S. Government agency)

Issuing Financial Institution: __________________

Issuing Financial Institution's LC No.: ___________

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ (name of issuing financial institution) for drawings of up to United States dollars ___________/U.S. $_______ and expiring with our close of business on _____________ (the expiration date), or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___________________.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. (This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.) It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No.___ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of ______________ (State of confirming financial institution).

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, (Confirming financial institution)

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

Sight draft

(City, State)

(Date)___________________

(Name and address of financial institution)

Pay to the order of ______________ (Beneficiary Agency) ___________ the sum of United States $____________. This draft is drawn under Irrevocable Letter of Credit No. ______________.

(Beneficiary Agency)

(By)

(End of clause)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

(a) Definitions. As used in this clause -

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if -

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that -

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the unearned amount), the Contractor shall -

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until -

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as -

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) above shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after -

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A contract action is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be -

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor…