12970224R0024 Trimmer Work Center Barracks NRE_Construction_RFP.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)

1113203

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

Andre.Dickson andre.dickson@usda.gov Eastern Standard Time (EST)

ANDRE DICKSON 910-475-1557

DISASTER

x 07/12/2024

12970224R0024

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

The project consists of the design and construction of a new admin buildings to replace other facilities that were lost during the Creek Fire. The project will be delivered through a single award Design-Build Contract.

1. Attachment A: Project Program

2. Attachment B: Region 5 Design Standards

3. Attachment C: Project Manual

4. Attachment D1 - DRAWINGS Trimmer Work Center Barracks SET

5. Attachment D2 - DRAWINGS Trimmer Work Center Engine Garage SET

6. Attachment D3 - R5 Design Standard Finishes and Materials

7. Davis-Bacon Act WD #: CA20240018 05/24/2024

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 730 calendar days and complete it within ________________ ________________ calendar days after receiving

08/12/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

JOHN T. KAMERER

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 60

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12970224R0024

NAICS 236220 - Commercial and Institutional

Building Construction: $45M, Y1FZ - Construction of Other Residential Buildings

Magnitude: >$10,000,000

Delivery: 730 Days After Notice to Proceed

Delivery Location Code: 9A40

SIERRA NATIONAL FOREST

1600 TOLLHOUSE RD

CLOVIS CA 93611-0532 US

0001 Creek (15) - CON - Facilities, Trimmer Station and Work Center Construction

Product/Service Code: Y1FZ

Product/Service Description: CONSTRUCTION OF

OTHER RESIDENTIAL BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No: 12970224R0024 Project Name: Trimmer & Auberry New Construction Sierra National Forest (SNF)

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 SCREENING CRITERIA

M.4 PHASE I EVALUATION CRITERIA

M.5 PHASE II EVALUATION CRITERIA

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

TRIMMER & AUBERRY NEW CONSTRUCTION

ITEM NO. DESCRIPTION PRICE

Conceptual Design 1A Design Kick‐Off Meeting and Site Visits/Travel 1B Conceptual Design Verification of Barracks & Engine Garage

Subtotal Design Development

2A Design Development – 65% 2B Engineering Value Analysis Report

Subtotal Construction Documents

3A Construction Documents @ 95% 3B Construction Documents @ 100%

Subtotal Administration

4A Construction Administration Subtotal

Construction

5A Site Preparation and Landscaping (demolition & disposal, clearing, earthwork and subgrade compaction)

5B Construction Survey & Staking 5C Quality Control 5D Parking Lots including Lighting 5E Utilities including septic for engine bay at trimmer 5F Engine Garage 5G Barracks 1 5H Barracks 2

5I Water System Distribution Redesign, Replacement and Reconnecting

5J Water Tank 50K Gallons Complete Installation and Reconnection, Including demolition of exiting 2 tanks

5K Entrance Sign at trimmer WC and Flag Pole at Helitack Bay

5L Pre‐Fab Building at Auberry Station, complete construction and utilities

5M Pre‐Fab Building at Trimmer WC, complete construction and utilities

Subtotal

B.2 SCHEDULE NOTES

The intent of this section is to explain, in general, what is included in each contract line item, limits or cut-off points where one item ends and another begins. If no item exists for a portion of the work, include the costs in a related line item.

Provide work breakdown in a format that coincides with proposed Schedule of Values (SOV) that will serve as the basis for payment requests. SOV shall be broken down by project phase and specification section.

Design Phase

Design Kick-Off Meeting and Site Visits/Travel.

Conceptual Design Verification Documents.

Design Development Documents.

Draft Construction Documents.

Complete Stamped and Signed Construction Documents.

Construction Administration.

Construction Phase Site Work and Landscaping.

Parking Lots and Open Areas.

Utilities.

Engine Bay.

Barracks (2).

Water System Redesign and Replacement, 50K gallon tank Two Pre-Fab Buildings

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The project consists of the design and construction of a new admin buildings to replace other facilities that were lost during the Creek Fire. The project will be delivered through a single award Design-Build Contract. The Design-Build Contractor (DBC) shall provide all labor, materials, supplies, equipment, transportation, geotechnical investigation, construction administration services, ancillary services and other necessary items to complete the Work.

The Work includes multi-disciplinary design based upon Forest Service-provided Project Definition Documents and existing designs that will be integrated and evolved into a complete set of construction drawings. Additional deliverables anticipated are a project manual, schedule of values, construction cost estimates, building and site design compliant with all building codes, agency space policies, security requirements, and any additional agency requirements. Upon final approval of the Complete Stamped and Signed Construction Documents, the building and site shall be constructed as designed and specified, according to all applicable laws and requirements.

Government’s Project Definition Documents (PDDs) The following attached documents describe the Government’s requirements and intent for the project:

a. Project Program for the Sierra NF Trimmer & Auberry New Construction, February 5, 2024

1. Project Program: The Government's requirements for size, arrangement, organization, and location of functional spaces, description of space functions, identification of fittings, equipment, and furnishings, description of the physical and environmental requirements for each space, together with a description of the image, goals, or "mission" of the project.

2. The Program will be validated, refined, and fixed during the Conceptual Design Verification Phase.

b. Design and Construction Standards for Region 5, May 1, 2023.

c. Project Manual Sections, February 5, 2024:

1. Division 01 Sections:

a. 012000 – Price and Payment Procedures

b. 013000 – Administrative Requirements

c. 014000 – Quality Requirements

d. 015000 – Temporary Facilities and Controls

e. 016000 – Product Requirements

f. 017000 – Execution and Closeout Requirements

g. 017800 – Closeout Submittals

h. 017900 – Demonstration and Training

i. 019000 – Commissioning

Division 27 Section 271000 – Structured Cabling. Forest Service Provided Template after Award The DBC shall incorporate the Government provided sections into their Project Manual. Sections necessary for design definition and construction execution not provided by the Government shall be provided by the DBC during the design phase.

Region 5 Standard Designs for Barracks and Engine Garages

C.2 PROJECT LOCATION

Trimmer Work Center: 34849 Maxon Road, Sanger CA, 93657

Auberry Station: lat/long 37.100026, -119.498121

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

In accordance with FAR 36.204, project magnitude greater than $10,000,000.00.

C.4 TECHNICAL SPECIFICATIONS

See Section J General direction regarding Region 5’s Architectural Standards

The design of the new facilities shall reflect and incorporate Region 5 aesthetics and materials as depicted in the Forest Service Standard Engine Garage and Barracks Drawings and Specifications provided. Incorporating the design elements helps provide architectural and design theme components that are harmonious with and complimentary to the natural environment setting and Regional Architecture Strategy.

In addition, the infrastructure shall:

a. Be located, planned, and designed with respect for the natural systems in which they reside.

b. Aesthetically integrate their natural, cultural, and experiential context.

c. Contain design elements that reinforce a regional identity.

d. Emphasize efficiency of energy and materials consumption in construction and operation.

e. Create environments for people to enjoy and gain increased appreciation for the natural environment, and in which employees work productively, experiencing the connection to the resources they manage.

f. Use wood and wood products where appropriate in the construction, alteration, repair and operation of infrastructure.

g. Adhere to Wildland Urban Interface (WUI) design requirements for urban locations.

Collaboration and Integrated Project Delivery Within the constraints of a single award Design-Build contract, use the principles of the Integrated Project Delivery (IPD) delivery method to provide a collaborative approach to problem solving and project execution. The DBC shall:

a. Initiate and maintain an integrated project team in all stages of a project, including key trades and suppliers.

b. Achieve performance goals for siting, energy, water, materials, and indoor environmental quality, along with other project goals.

c. Ensure incorporation of these goals throughout the design and lifecycle of the building, while considering all stages of the building’s lifecycle, including deconstruction.

d. Minimize rework and directly integrate key trades into the design phase to minimize rework and overall level of effort to execute the project.

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

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

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

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

Substantial Completion and Final Inspection:

a. Submit written certification that project, or designated portion of project, is

Substantially Complete and request in writing a Substantial Completion Inspection following the procedures in Section 017000 – Execution and Closeout Requirements. Upon receipt of written request that project is Substantially Complete, the Contracting Officer will proceed with inspection within ten (10) days of receipt of request or will advise the DBC of items that prevent the project from being designated as substantially complete.

b. Government’s determination of Substantial Completion:

1. If the work is determined to be Substantially Complete, the

Government will provide a list of deficiencies ("Punch List") to be corrected before final acceptance and the Contracting Officer will issue a Letter of Substantial Completion. DBC shall complete the work described on the list of deficiencies within thirty (30) calendar days, as weather permits. If the DBC fails to complete the work within this time frame, the Contracting Officer may either replace or correct the work with an appropriate reduction in the contract price or charge for re-inspection costs in accordance with the Inspection of Construction clause.

2. If work is not determined to be Substantially Complete, the Contracting Officer will notify the DBC in writing. After completing work, the DBC shall resubmit certification and request a new Substantial Completion Inspection.

Acceptance of the Work: After all deficiencies have been corrected and verified by a Final Inspection, the Contracting Officer will issue a Letter of Acceptance to the DBC.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.236-15 Schedules for Construction Contracts (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 [TBD] 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 [TDB]. The time stated for completion shall include final cleanup of the premises.

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

Period of Performance Phase II proposals shall include a proposed Period of Performance as part of the proposal based upon an expected date of award provided in the Phase II RFP.

F.2 OTHER REQUIREMENTS

Time Periods and Milestone Dates

a. Proposal: The time period during which prospective Offerors prepare their Proposals.

The Proposal period ends on the date specified for submission of Proposals.

b. Conceptual Design Verification (CDV): The time period during which the design criteria are finalized and preliminary drawings and written descriptions are prepared to illustrate the proposed design of the work or a portion of the work to the Government.

35% Submittal required.

c. Design Development (DD): The time period during which the form, arrangement, size, and materials of the work or a portion of the work are determined. 65% Submittal required.

d. Construction Documents (CD): The time period during which process working drawings, specifications, and other documents describing the work or a portion of the work are prepared in sufficient detail to allow accurate and complete construction. The end of the Construction Documents period for the project as a whole is a Milestone.

95% and 100% submittals are required.

e. Construction: The time period from the beginning of work on the project site until final payment.

f. Substantial Completion: The date as defined in the Conditions of the Contract. Date of Substantial Completion is the due date for the following:

1. DBC's complete punch-list of items to be completed.

2. The Government's complete punch-list of items to be completed.

3. Compliance with requirements of governing authorities, for submittals, inspections, and permits.

4. Compliance with the Government's requirements for access to areas occupied by the Government.

5. Final cleaning.

6. Maintenance manuals.

7. Warranties.

8. Spare parts and extra materials.

9. Maintenance supplies and tools.

10. Project record documents including As-built drawings

11. Final site survey.

12. Maintenance plan.

g. Closeout: The time period during which all details of both construction and commissioning are completed.

1. The Closeout period is the time from Date of Substantial Completion until final payment, both as defined by the Conditions of the Contract.

2. Before and during the Closeout period, the Government will ascertain whether the completed project complies with Contract Documents.

3. Training of the Government's personnel in operation and maintenance occurs during the Closeout period, unless specifically indicated otherwise for certain items.

h. Occupancy: The time period during which the project is occupied for its intended purpose.

1. The Occupancy period begins at Date of Substantial Completion, as defined by the Conditions of the Contract.

2. Move-in will occur before the end of the Closeout period.

3. The Government is responsible for operation and maintenance of the project during the Occupancy period.

Government Review Periods: Government review periods are listed in the Project Manual (Attachment C)

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 7 days after the date of contract award. The conference will be held at virtual.

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) (Alternate I) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

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

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

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

H.2 OTHER REQUIREMENTS

Cultural Resources:

As part of the NEPA coordination, if archeological resources are discovered at the project site, all work in the vicinity of the discovery must stop immediately, and the discovery must be reported to the Contracting Officer and the Government will coordinate with tribal liaisons.

Construction Health and Safety Plan

a. Accident Prevention Program:

1. Prior to the Preconstruction Meeting submit a Construction Health and Safety Plan. The program must be accepted by the Government before any on site work can begin.

2. The program shall comply with OSHA and project requirements. Include the following:

a. Name of responsible supervisor to carry out the program

b. Periodic safety meetings

c. First aid procedures

d. Outline of each phase of work, hazards associated with each phase and methods proposed to ensure property protection, and safety of the public, the Government’s staff, and DBC employees

e. Training

f. Planning for possible emergency situations

g. Housekeeping and fire protection

b. Accident Reporting: Reportable accidents, defined as death, occupational disease, traumatic injury to Design Build contractor personnel, Government employees or the public, property damage of any accident in excess of $100, and fires shall be reported within seven (7) days. Complete an Accident/Property Damage Report and forward to the Contracting Officer.

c. Quality Assurance: Ensure that all employees are physically qualified to perform their assigned duties in a safe manner. Do not allow employees to work if their abilities are impaired. Operators of all equipment shall be able to understand signs, signals and operating instructions, and be capable of operating such equipment.

d. Accident Prevention Products: Provide the following:

First aid facilities.

Personnel protective equipment: Meet NIOSH standards.

Emergency instructions, including telephone numbers and reporting instruction for ambulance, physician, hospital, fire department and forest police. Place in conspicuous locations at the worksite.

Adequate egress at all times in accordance with the Life Safety Code (NFPA 241).

Hard hats for all employees and for up to six visitors.

Designate and post signs in all hardhat areas.

Training: Provide training for first aid and hazardous material handling and storage.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.202-1 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 (NOV 2021) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

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

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

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) 52.204-19 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 Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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 (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (SEP 2023) 52.219-9 Small Business Subcontracting Plan (SEP 2023) 52.219-10 Incentive Subcontracting Program (OCT 2014) 52.219-14 Limitations on Subcontracting (OCT 2022)

[Contracting Officer check as appropriate.] ☐ 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.

52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 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 (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001)

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)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(JUN 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 (DEC 2022) 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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 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) 52.236-16 Quantity Surveys (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 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) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

http://uscode.house.gov/

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.225-11 Buy American Act-Construction Materials under Trade Agreements (NOV 2023)

(a) Definitions. As used in this clause— Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

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

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

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

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 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.

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

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

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-25#FAR_25_105

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Saint Maarten, or Trinidad and Tobago).

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

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

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

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

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

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

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country;

or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The…