12853820R0006-RFP-Black Mountain Road Construction.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)

1007738

BIGHORN NATIONAL FOREST

2013 EASTSIDE 2ND STREET

SHERIDAN WY 82801

SUE LACROIX 307-684-4623

1x 07/22/2020

12853820R0006

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

This project involves the reconstruction of 10.00 miles of Black Mountain Road NFSR

16. Major work items: Reconditioning 9.95 miles of road, Placing a 4"(inch) aggregate on 4.9 miles of road, repairing some soft spots with geo-fabric and aggregate, clearing and grubbing portions of the road, cleaning a cattle guard, replacing a cattle guard, installing signs, installing a wire gate and placing

Magnesium Chloride on 0.4 miles of the road.

Aggregate Surface Course will be supplied and available at the Copper Creek Pit located at T55N, R88W, Sec. 28. The aggregate surface course will need to be crushed at the pit.

Contractor DUNS Number:________________________

Contractor SAM Registration Expiration Date:_______________________

Disclosure of the Magnitude of Construction per FAR Part 36 is Between $250,000 and

$500,000.

11. The Contractor shall begin performance

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

08/18/2020

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. 4-85)

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

BIGHORN NATIONAL FOREST

2013 EASTSIDE 2ND STREET

SHERIDAN WY 82801

SUE A. LACROIX

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12853820R0006

Black Mountain Road Reconstruction

Delivery: 11/30/2020

Delivery Location Code: 8538

BIGHORN NATIONAL FOREST

2013 EASTSIDE 2ND STREET

SHERIDAN WY 82801 US

Period of Performance: 08/24/2020 to 11/30/2020

0001 Black Mountain Road Reconstruction

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12853820R0020 Project Name: Black Mountain Road Re-Construction

Solicitation Issue Date: July 22, 2020

Solicitation: The solicitation number is 12853820R0006 (initial Pre-solicitation was issued under

12833820R0004) and is issued as a Request for Proposal (RFP), unless otherwise indicated herein. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal

Acquisition Circular FAC 2020-05

Responsible sources may submit a response which, if timely received, shall be considered by this agency.

North American Industry Classification (NAICS): 237310 (Road Construction): Size Standard is $39.5 Million

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain Proposals for Road Construction

Pre Bid Meeting is set for July 29, 2020 at 9:30 a.m. MST via Conference Call:

Call info- 1-888-844-9904, Access Code: 293 233 0#-

It is strongly suggested that anyone interested in this requirement take time to call in and attend the meeting.

Site Visit: is scheduled for August 5, 2020 at 10:00 a.m. Meet at the junction of HWY 14 and FSR16

Provide Proposals by: August 18, 2020 by 2:00 .m. MST

E-Mail quote to: Forest Service, Attn: Sue LaCroix E-mail: sue.lacroix@usda.gov

For solicitation questions call Sue LaCroix at (307) 684-4623

General Instructions:

Please read the solicitation in FULL---

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

SF-1442, signed and dated

Schedule of Items (Section B)- Pricing

Any required information per section C of the solicitation Technical Capabilities

Experience Questionnaire (per attached) or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

All aspects of section L and M- read thoroughly to know what is expected

Acknowledge Amendments if applicable (per the instructions in Block 11 on the SF-30).

Please refer to items highlighted in Yellow in the solicitation for Offeror information

REQUIRED DOCUMENTS FOR QUOTE SUBMISSION

a) The SF11442 signed by an individual authorized by Offeror’s company or organization to sign contracts

(page 2, Block 14-20c)

b) Any and all Amendments must be acknowledged and submitted with quote (if applicable)

c) The Schedule of Items with all dollar amounts filled out and submitted in a separate document from contractors Technical Response.

d) The provision FAR 52.212-3 completed or evidence that the representations and certifications have been completed in the System for Award Management (SAM). ONLY submit 52.212-3 -- Offeror

Representations and Certifications -- Commercial Items. (OCT 2018), if you have not completed this section in SAM. The SAM website - https://www.sam.gov/portal/public/SAM/

e) Three (3) References from projects of similar scope which will allow the Government to check

Past Performance.

f) Bio Based Product Information and Product List as specified

g) Responses to the Experience questionnaire (Attachment). This information can be provided on a separate document.

h) Proof of Insurance as specified in the solicitation

i) COVID Mitigation and Safety Plan

j) Bonding- as specified in the solicitation

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

ITEM NO.

DESCRIPTION-Base Items

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151(01)

Mobilization

LS

170(08)A

Water

Mgal

201(03)

Clearing and Grubbing: tops and limbs F , logs A, F or G if

5” or smaller I if larger than 5”, and stumps F or J if 5” or smaller and J if larger than 5”.

Mile

6.35

202(08)

Removal of individual stumps, disposal method J .

Each

202(07)

Removal of Individual Trees, disposal of tops and limbs F, logs I, and stumps J . (6” to 12” dia.)

203(01)

Removal of Existing Cattleguard.

207(01)

Earthwork Geosynthetics, type B .

SY

301(03)A

Aggregate Surface, Grading G, Compaction Method B .

(Government Source)

CY

6,763

301(03)B

Aggregate Base, Grading P, Compaction Method B (Spot surfacing and Earthwork Geosynthetics) (Government

Source)

303(01)

Ditch Reconditioning

10.0

303(07)A

Roadbed Reconditioning, Compaction Method B .

10.0

312(04)A

Dust Pallative, Type, Magnesium Chloride brine, Method 1

0.5 gal/syd application rate

Gal

2,200

314(03)

Development of Government Furnished Aggregate Source

619(02)

Gate, 4 strand barbed wire with E-Z latch

619(03)

Cattleguard, 24 foot with concrete base and metal wings

633(04)

Signs, steel panels, type 2 sheeting “Road Narrows” W5-1

633(07)

Object markers, Type 2 OM-2-B

633(06)A

Posts U-Channel steel

633(06)B

Posts 4”x4” treated wood

635(01)

Temporary Traffic Control

Total Base Items

Optional Items

170(08)B

Water (Tie Flume Campground)

170(08)C

Water (Mile 0.05-1.4)

301(03)C

Aggregate Surface, Grading G, Compaction Method B

(Road junctions and Black Mountain Lookout parking lot).

(Government Source)

301(03)D

Aggregate Base, Grading G, Compaction Method B.

(Government Source) (Mile 0.05-1.4)

303(07)B

Roadbed Reconditioning, Compaction Method B. (Tie

Flume Campground).

0.7

312(04)B

Dust Pallative, Type Magnesium Chloride brine, Method 1

. (Tie Flume Campground)

Gal

3,300

Total Optional Items

Total All Items- Base and Optional Items $________

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under

Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in the Project Notes.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project involves the reconstruction of 10.00 miles of Black Mountain Road NFSR

16. Major work items: Reconditioning 9.95 miles of road, placing a 4"(inch) aggregate on 4.9 miles of road, repairing some soft spots with geo-fabric and aggregate, clearing and grubbing portions of the road, cleaning a cattle guard, replacing a cattle guard, installing signs, installing a wire gate and placing Magnesium Chloride on 0.4 miles of the road.

Aggregate Surface Course will be supplied and available at the Copper Creek Pit located at

T55N, R88W, Sec. 28. The aggregate surface course will need to be crushed at the pit.

C.2 PROJECT LOCATON

County: Sheridan

Legal Description: Black Mountain Road #16 Starts T56N, R88W, Sec. 20 and ends at T56N, R88W, Sec. 27. General Description to find project: See map attached in contract package.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Disclosure of the Magnitude of Construction per FAR Part 36 is between $250,000 and

$500,000.

C.4 TECHNICAL SPECIFICATIONS

Review section J and/or Any large files shall be included as an attachment in Federal Business

Opportunities

SPECIFICATIONS:

The specifications for this contract are contained with the document “STANDARD

SPECIFICATION FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS”. Document FP-14 U.S. Customary Units. A copy of these specifications can be obtained by visiting the website: https://flh.fhwa.dot.gov/resources/specs

TIMING OF WORK AND TRAFFIC DELAYS

Construction activities will only be allowed Monday thru Friday from 7:00 am to 7:00 pm with no work on the weekend or holidays. Traffic delays during aggregate placement will not exceed

30 minutes before allowing traffic to pass thru. The COR shall be notified 2 weeks prior to the installation of construction fabric and the cattleguard. Traffic delays for those items will not exceed 2 hours.

CONSTRUCTION SIGNS AND FLAGGERS

Case II construction signs will be required on this project and will be in accordance with Manual of Uniform Traffic Control Devices (MUTCD) and at locations agreed to by the COR. Flaggers https://flh.fhwa.dot.gov/resources/specs will be required to alert the public of construction activities during the earthwork geotextile and cattleguard installations. A Sign and Traffic Control Plan submittal will be required before construction.

DISPOSAL OF UNSUITABLE MATERIAL

Unsuitable material developed from the installation of the earthwork geotextile and the ditch & shoulder reconditioning will be disposed of in the Copper Creek Pit located at T55N, R88W, Sec.28. This location is approximately 1 mile from the end of the jobsite. The exact location within the pit will be determined by the COR.

STAGING AND CAMPING AREA

Upon written request, the Copper Creek Pit will be available for the Contractors use for camping and as a staging area for storage of materials and equipment.

CLEARING AND ROAD RECONDITIONING APPROVAL

Clearing will be completed and accepted on logical sections of road before reconditioning is started. The road shall be reconditioned to conform to the typical drawings and specifications, within this contract, and accepted in writing before the placement of aggregate.

SPECIFICATION 170 – WATER

The water source for this project will be South Tongue River at the bridge located on the Black

Mountain Road #16 at Milepost 9.6 of this project.

SPECIFICATION 202 – REMOVAL OF INDIVIDUAL STUMPS AND TREES

Individual stumps and trees, that are to be removed, will be designated on the ground by the

COR. Stumps will be hauled to the Copper Creek Pit and buried at a location within the pit specified by the COR. Logs will be hauled to and decked in an area near MP 3.5. Exact location will be determined on the ground by the COR.

SPECIFICATION 203 – CUTTING AND DISPOSAL OF ROADWAY VEGETATION

Stumps, that require removal and disposal, will be hauled to the Copper Creek Pit and buried at a location within the pit specified by the COR. Logs, meeting size requirements, will be hauled to and decked in an area near MP 3.5. Exact location will be determined on the ground by the

COR.

SPECIFICATION 207 – EARTHWORK GEOTEXTILE

The pay item 207(01) includes all work related to the subexcavation, removal of unsuitable material and the placement of the earthwork geotextile. Payment for the aggregate base to cover the geotextile will be paid for under pay item 301(03)B.

SPECIFICATION 301 – AGGREGATE SOURCE

The Copper Creek Pit located at T55N, R88W, Sec. 28 is available for the Contractor’s use in crushing aggregate for this project. The Contractor is responsible for submitting a pit development plan and obtaining any required permits before pit development or crushing begins.

The Contractor will not be allowed use of the existing stockpile of aggregate in this pit unless prior written approval is granted by the Contracting Officer Representative.

SPECIFICATION 301 – AGGREGATE MEASUREMENT

The Contractor will be responsible for sieve analysis tests as noted in the specifications. In place measurement on the road, after compaction, will be utilized to determine actual quantities for aggregate payment.

SPECIFICATION 301 – FURNISHING AND APPLYING MAGNESIUM CHLORIDE

The application rate for the magnesium chloride brine will be 0.5 gals/sq.yd. The material shall meet the requirements of Specification 725.02.

SPECIFICATION 314 – PIT AND QUARRY DEVELOPMENT

Pit Development will include:

A. Any clearing that may be required

B. Stripping topsoil from the area to be utilized. Stripping will be to a minimum of one foot or to the depth of topsoil whichever is greater.

Pit Restoration will include:

A. Sloping all disturbed areas to drain, minimum 2% slope

B. Backsloping all cuts to 2:1 slopes or flatter

C. Spreading topsoil material uniformly over the pit backslopes (6” min. depth)

D. Seed the pit backslopes in accordance with Standard Specification 625 “Dry

Method”. Seed with the following seed mixture and application rates:

Mountain Brome 8 lbs/acre

Big Bluegrass 1 lbs/acre

Slender Wheatgrass 3 lbs/acre

Thickspike Wheatgrass 5 lbs/acre

Green Needlegrass 4 lbs/acre

TOTAL 21 lbs/acre

C.5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities

(except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

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

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 30, 2020. The time stated for completion shall include final cleanup of the premises.

Contractor is required to submit performance and payment bonds within the time specified in the offer.

52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $450.00 for each calendar day of delay until the work is completed or accepted.

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

452.236-75 Maximum Work Week – Construction Schedule (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the

Contractor proposes to carry out the work.

The maximum workweek that will be approved is 60 hours.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at To Be Determined.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988)

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

Project Manager-

On Site Foreman- (if not Project Manager)

To ensure Quality Control and Safety

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

52.202-1 Definitions (JUN 2020)

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 (JUN 2020)

52.203-7 Anti-Kickback Procedures (JUN 2020)

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 (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)

52.203-14 Display of Hotline Poster(s) (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

Employees of Whistleblower Rights (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

52.204-2 Security Requirements (AUG 1996) Alternate II (APR 1984)

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

2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.210-1 Market Research (JUN 2020)

52.215-2 Audit and Records -- Negotiation (JUN 2020)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data and Other Than

Certified Cost or Pricing Data-Modifications (JUN 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (JUN 2020)

52.215-21 Requirements for Certified Cost or Pricing Data-Modifications (JUN 2020)

Alternate IV (OCT 2010)

52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (MAR 2020)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(MAR 2020)

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

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

52.219-9 Small Business Subcontracting Plan (JUN 2020)

Alternate II (NOV 2016)

52.219-10 Incentive Subcontracting Program (OCT 2014)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999)

52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020)

52.219-28 Post Award Small Business Program Rerepresentation (MAY 2020)

52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (MAR 2020)

52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (MAR 2020)

52.222-3 Convict Labor (JUN 2003)

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

2018)

52.222-6 Construction Wage Rate Requirement (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (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)

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

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2016)

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

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997)

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

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016)

52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020)

52.223-20 Aerosols (Jun 2016)

52.223-21 Foams. (Jun 2016)

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

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(June 2000)

52.227-1 Authorization and Consent (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

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

52.228-14 Irrevocable Letter of Credit (NOV 2014)

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

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

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) Alt 1 (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-2 Subcontracts (JUN 2020)

52.244-6 Subcontracts for Commercial Items (JUN 2020) (DEVIATION APR 2020)

52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

Alternate I (SEP 1996)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements) (APR 2012)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) Alternate I (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996)

452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the

Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause—

__X_ By the end of the base term of the contract and then by the end of each subsequent option period; or

___By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor shall execute the following certification required by the Resource

Conservation and Recovery Act of1976 (42 U.S.C.6962(i)(2)(C)):

Certification:

I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

__________________________________________________ [Signature of the Officer or

Employee]

__________________________________________________ [Typed Name of the Officer or

Employee]

__________________________________________________ [Title]

__________________________________________________ [Name of Company, Firm, or

Organization]

__________________________________________________ [Date]

(End of certification)

52.225-9 Buy American Act-Construction Materials (MAY 2014) (Less than $7.3

Million)

(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.

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“Component” means an article, material, or supply incorporated directly into a construction material.

“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—

(3) 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

(4) 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 non-availability 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.

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(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: NONE

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

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

(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

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

[Include other applicable supporting information.]

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

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 100% percent of the bid price or $500,000.00, 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.

52.228-11 Pledges of Assets (AUG 2018) (DEVIATION APR 2020)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond -

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b) Pledges of assets from each person acting as an individual surety shall be in the form of –

(1)Evidence of an escrow account containing cash, certificates of deposit, commercial or

Government securities, or other assets described in FAR 28.203-2(except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or

(2) A recorded lien on real estate. The offeror will be required to provide-

(i)A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the

United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);

(ii)Evidence of the amount due under any encumbrance shown in the evidence of title;

(iii)A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of

Professional Appraisal Practice, as promulgated by the Appraisal Foundation.

52.228-13 Alternative Payment Protections (JUL 2000)

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

(1) Payment or Performance Bond

(2) Irrevocable Letter of Credit

(3) Money orders, drafts, cashier’s check, or certified check.

(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 5 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.

52.228-15 Performance and Payment Bonds -- Construction (Oct 2010) (DEVIATION

APR 2020)

(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, EXCEPT THAT A SEAL IS NOT REQUIRED). 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, EXCEPT THAT A SEAL IS NOT REQUIRED). 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 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 subcontract tor waiver of protection (40 U.S.C. 3133(c)).