A10_0-RFP-12970224R0018.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)

1122060

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

USDA Forest Service / SPOC SW

Attn: Matthew (Matt) Killian matthew.killian@usda.gov

MATTHEW KILLIAN 800-832-1355

1x 04/08/2024

12970224R0018

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

Project Title: Santa Fe NF HPCC Capulin Fencing

Project Description: USFS is pursuing a contract to install fencing for Pecos-Las

Vegas Ranger District in Santa Fe National Forest. Construction services shall be performed by the awardee in accordance with the specifications, terms, and conditions of this solicitation, including those found in the attachments (see

Section J).

Project Location: Santa Fe National Forest, Pecos-Las Vegas Ranger District. See the

Statement of Work, Attachments, and section C2 of this solicitation for location details.

Project Magnitude: Between $1,000,000 and $5,000,000 IAW FAR 36.204

Set-Aside (Local Area): IAW FAR 6.208 and FAR 26.202-1, this solicitation is a Local

Area Set-aside under the Presidential declaration of a major disaster for the State of New Mexico, FEMA-4652-DR. Vendors located in the following counties are eligible to compete for this award: Sandoval, Los Alamos, Valencia, Lincoln, Colfax, Mora, and San Miguel Counties.

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 730 calendar days and complete it within ________________ ________________ calendar days after receiving

Schedule

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)

05/07/2024

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

KLENISE S. WALLACE

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...

Company Name:

Address:

UEI #:

POC Name:

POC Email:

POC Phone:

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

MatthewKillian Highlight

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12970224R0018

Set-Aside (Total Small Business): This solicitation is further set aside for Small

Business entities.

Wage Determination: NM20240011

Solicitation Point of Contact:

Contract Specialist, Matthew (Matt) Killian

Email: matthew.killian@usda.gov

*SEE SECTION L FOR DETAILED INSTRUCTIONS TO

OFFERERS*

Delivery: 730 Days After Notice to Proceed

Delivery Location Code: 8381

FOREST SERVICE SANTA FE NATL

FOREST FOREST DISTRICT RANGER

PECOS RANGER DISTRICT

PECOS NM 87552 US

Mark For:

USDA FOREST SERVICE

SPOC SOUTHWEST

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

Period of Performance: 06/17/2024 to 06/16/2026

Capulin Allotment Exterior Fence Installation

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

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

12970224R0018 Santa Fe NF HPCC Capulin Fencing Page 4 of 50

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

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

Santa Fe NF HPCC Capulin Fencing Page 5 of 50

ITEM NO. QNTY UNIT UNIT PRICE AMOUNT

1 LSQ

1 Mobilization 1 LSQ

2 Installation Material 23 LM

3 Installation Labor 23 LM

4 Existing Fence Removal 23 LM

5 Hazard Tree Removal 1 LSQ

SOI NOTES:

1 VENDOR INPUT REQUIRED

THE REFERENCED QUANTITIES ARE ESTIMATES ONLY. NO

GUARANTEES ARE MADE AS TO THE PRECISE QUANTITIES. IN

THIS CASE OF A FIRM-FIXED-PRICE CONTRACT, THE AGENCY

SHALL NOT BE HELD LIABLE FOR REASONABLE VARIATIONS IN

THESE ESTIMATED QUANITITES, NOT CONSTITUTING A

SUBSTANTIVE CHANGE IN REQUIREMENT SCOPE

LSQ - LUMP SUM QUANTITY

DATE:

AUTHORIZED

TO SIGN: (NAME

& TITLE)

SIGNATURE:

ANY AWARD WILL BE TO ONE QUOTER

LM - LINEAR MILE

PART I - THE SCHEDULE

VENDOR NAME:

SAM UEI #:

DESCRIPTION

Santa Fe National Forest HPCC Capulin Fencing

Santa Fe National Forest

Capulin Allotment Exterior Fence Installation

VENDORS PLEASE NOTE: BEFORE PREPARING QUOTE, CAREFULLY READ THE CONTENTS OF THIS SOLICITATION.

B.1 SCHEDULE OF ITEMS

TOTAL

BUSINESS EMAIL:

Subtotal

Bonding

BUSINESS PHONE:

SEE ATTACHMENT 1

Santa Fe NF HPCC Capulin Fencing Page 6 of 50

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Santa Fe National Forest is pursuing a project for the installation of boundary and recreational fencing for Pecos-Las Vegas Ranger District in Santa Fe NF. Refer to Section J Attachments for a detailed description of the work required. An overview of the contract scope is as follows:

Contractor shall furnish all labor, equipment, and material to accomplish the following work:

1. Capulin Barbed Wire Fence (The Government anticipates that there will be the need for one (1) fence type):

a. The fence shall be a four-wire fence built to wildlife specifications, consisting of four strands of barbed wire. The top wire shall be no more than 42" from the ground and shall be spaced 12"above the second wire (from top to bottom). The second wire shall be 6" above the third wire, and the third wire shall be 6" above the bottom wire.

spaced 18" above the ground. (See Exhibit1). Fence Visibility Markers are to be placed on top wire every 40-50 feet.

b. T-posts shall be 6.0 feet in length, and at 1.33 pounds per foot. Spaced no more than 16 feet apart with fence stays placed at approximately 5-foot intervals. The posts shall be set into the ground to a depth so none of the flange on the post is visible. Fence stay material can be either wood2"x2"x42" or twisted metal fence stays 40-42” in length.

c. The barbed wire will be 12.5 gauge round Class 1, zinc-coated 2-point double strand twisted barbed wire.

d. Care shall be taken in placing fence post clips or fasteners on the wire so that they are not tightened enough to kink the wire.

e. Every 10th line post shall be full-length treated wood, 8' length with a minimum 6" diameter, set 30” into the ground. * Contractor my choose to use steel for every 10th line post. The steel used at the minimum be 2 3/8” outside diameter and pipe capped on top.

f. Gates shall be 4-strand barbed wire "rider" or "Texas" gates, a minimum of 8 ft. wide unless otherwise specified. A pry bar or "cheat stick" shall be on the gate to assist in opening and closing the gate. Smooth wire shall be used for closure loops. Where required, pedestrian walk-through gates will be constructed as per Specification 15 below or by a method approved by the Project Inspector or Contracting Officer. See exhibit 3 for gate specifications).

Santa Fe NF HPCC Capulin Fencing Page 7 of 50

g. There shall be one brace for each 1/4 mile of fence, or at each point where the fence changes angle or a significant change in the vertical is encountered. (See exhibits 8 and 9 for details on fence bracing). A horizontal brace shall be constructed on each side of every gate.

h. Water gaps shall be installed in all drainages where water flow could damage the fence. Fence shall be ended at both sides of a stream or deep ephemeral gully, and suitable water gap installed.

** Swing picket fence designed for water gaps in larger streams and those areas will be identified on project map (See exhibit 4, 5, 6, and 7 for construction standards for fences across depressions and ephemeral stream channels).

i. Tie-downs shall be utilized in all dips, so that the wire is always placing downward pressure on the T-posts.

j. Line wires shall be cut and dead-ended on all corners, angle, gate or stretch brace posts, and the wire wrapped back on the stretched wire. The tie shall be made on the centerline of the post to avoid turning and slackening tendency of a face tie. The top wire shall be stapled down to the dead-end brace bars. Not more than 1/4 mile of wire shall be stretched at one time.

k. H-Braces shall be used to construct pedestrian crossings along the fence line in locations where pedestrian trails obviously bisect the existing fence line. While these trails are not established or maintained by the Forest Service, the intent is to discourage pedestrians from cutting or otherwise damaging the wire fence to pass through the fence. The passageway created must not allow the passage of livestock but should accommodate a pedestrian with a backpack.

l. Horizontal (H-brace) and corner braces will be marked by the contractor prior to laying out the fence so that proper alignment can be obtained. No trees will be used as braces or posts.

m. Horizontal and corner braces shall be constructed as shown in attachment(s).

n. Horizontal and corner brace posts will be of 2 3/8” pipe or angle iron (2.5” x 2.5” x 0.25”), 7' to 8’ in length. Horizontal cross-members will be of 2 3/8” pipe or angle iron (2.5” x 2.5” x 0.25”) and 6’ to 8' in length. If pipe is used top must be capped.

o. Horizontal and corner brace posts will be set 36” into the ground and in concrete as shown in Exhibit 1 A H-Brace design.

Santa Fe NF HPCC Capulin Fencing Page 8 of 50

p. Care must be taken to prevent the cutting of bearing trees in installation and right of way clearing.

q. The attached exhibits are Forest Service suggested applications and solutions and should be utilized where appropriate. Deviations from these suggested applications are negotiable; however, any deviations not approved by the government prior to beginning work are subject to re-working or correction at no expense to the government should the unapproved deviation prove inadequate or inappropriate.

2. Removal of existing fencing

The contractor will be responsible for removing the old fence replaced by this contract.

Any old fence located on the National Forest side of the survey line within 30 feet of the new fence location will be removed from the site and ultimately from the forest prior to completion of this contract. Contractor will be responsible for disposal of old fence materials removed through this contract.

3. Tree felling within the fence line corridor

Tree felling shall be completed prior to fence construction. The contractor will be responsible for felling burned trees that are 30” dbh and under within the fence line corridor of 1 Chain or 66 feet that if left standing have the potential to fall and damage the newly constructed fence. *Felling of burned/hazard trees is only to occur on National Forest System lands. Contractor will be responsible for felling burned trees that are 30” dbh and under within the fence line corridor. Burned trees that lean away from and pose no threat to the new fence may be left but may be cut if needed. Burned trees are defined as those trees with no green needles remaining in the crown of the tree. The trees will be felled and left in place, with the exception of trees, or parts of trees that fall across the specific line of fence construction or onto other adjacent lands not under the jurisdiction of the U.S. Forest Service. The trees or parts of trees, that when felled intrude onto the specific line of fence construction or other adjacent lands will be moved onto National Forest System land and out of the specific line offence construction providing for a 10’ corridor with the fence line being the center. In areas that corridor is visible from a main road after the fence project is completed, contractor will move felled trees over corridor at the entrance to disguise it. No wheeled or tracked mechanical equipment will be used for felling or moving trees as part of this task. No trees that are cut but fail to fall to the ground will be left hung up in other standing trees. The Contractor is required to meet with the COR to conduct an on-site review of the work area prior to initiating tree falling work to ensure no private land/structures or power lines are in the area the work is to be conducted. The majority of trees will be cut leaving a 6-12”maximum stump height. The exception will be trees that may present hazards if cut lower than 12”. For clearing within sight of roads and trails the trees will be cut so the stump face is angled away from the road or trail.

Santa Fe NF HPCC Capulin Fencing Page 9 of 50

C.2 PROJECT LOCATION

The project is located in the Pecos-Las Vegas Ranger District in Santa Fe National Forest, Mora County, New Mexico. Refer to Section J Attachments for project location details.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

$1,000,000 to $5,000,000 in accordance the prescribed ranges found at FAR 36.204

C.4 TECHNICAL SPECIFICATIONS

REFER TO SECTION J ATTACHMENTS FOR TECHNICAL SPECIFICATIONS

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

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

Santa Fe NF HPCC Capulin Fencing Page 10 of 50

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.

Santa Fe NF HPCC Capulin Fencing Page 11 of 50

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)

Santa Fe NF HPCC Capulin Fencing Page 12 of 50

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 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 1 calendar day 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 730 calendar days following Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.2 OTHER REQUIREMENTS

Santa Fe NF HPCC Capulin Fencing Page 13 of 50

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 TBD days after the date of contract award. The conference will be held virtually.

G.2 OTHER REQUIREMENTS

Labor Interviews

The Government (via the Contracting Officer (CO), Contracts Specialist (CS) or Contracting Officer Representative (COR)) will conduct periodic interviews with workers on the job using the Stand Form (SF) 1445, Labor Standards Interview, which may be validated against submitted payroll data.

Invoices & Payment

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. Supplemental to the “Submit Invoice-To” information provided on the SF 1442, the offeror must have an established account prior to commencement of work. Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against; therefore, an itemized invoice must be uploaded as an attachment(s).

Itemized invoice shall include at a minimum:

Contractor Name and Address Contract, Task Order or Purchase Order numbers Invoice Number Description of work completed in accordance with the Schedule of Items.

Date of work completion.

Certified Payrolls Certified payrolls for Construction: certified payrolls must also be uploaded as an attachment.

Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

Final Payment Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after approved final inspection and presentation of a properly executed invoice. The Government requires a completed release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

Santa Fe NF HPCC Capulin Fencing Page 14 of 50

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.

452.237-74 Key Personnel (FEB 1988)

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

1. Contractor Representative/Overall Project Manager

2. Foreman

3. Qualified Operator(s) - The government reserves the right to request a new operator for any of the equipment, if that operator is not capable of performing work in a safe, efficient, and proficient level.

4. Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

Santa Fe NF HPCC Capulin Fencing Page 15 of 50

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 OTHER REQUIREMENTS

USDA Bio-based/Sustainable Products Program

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired: (1) Competitively within a time frame providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. Information about these products is available at http://sftool.gov/green-products/1/construction-materials.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than October 31 of each year during contract performance and at the end of contract performance (as applicable). Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml"https://www.biopreferre d.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

Santa Fe NF HPCC Capulin Fencing Page 16 of 50 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fsftool.gov%2Fgreen-products%2F1%2Fconstruction-materials&data=05%7C02%7CMatthew.Killian%40usda.gov%7C8c18409dd25a4355f9e608dc28fc5fa1%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638430312127269633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JRVt7%2BRYlHsjxgWkR%2B708%2FdxAU1Cj0oG4hfLgNt3V5Q%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fsftool.gov%2Fgreen-products%2F1%2Fconstruction-materials&data=05%7C02%7CMatthew.Killian%40usda.gov%7C8c18409dd25a4355f9e608dc28fc5fa1%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638430312127269633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JRVt7%2BRYlHsjxgWkR%2B708%2FdxAU1Cj0oG4hfLgNt3V5Q%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.biopreferred.gov%2FBioPreferred%2Ffaces%2Fcatalog%2FCatalog.xhtml%2522https%3A%2Fwww.biopreferred.gov%2FBioPreferred%2Ffaces%2Fcatalog%2FCatalog.xhtml&data=05%7C02%7CMatthew.Killian%40usda.gov%7C8c18409dd25a4355f9e608dc28fc5fa1%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638430312127278276%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=iUeHlvIsxQif%2B0q6QrgIer7OVEmAO2czCUYkKdMniWo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.biopreferred.gov%2FBioPreferred%2Ffaces%2Fcatalog%2FCatalog.xhtml%2522https%3A%2Fwww.biopreferred.gov%2FBioPreferred%2Ffaces%2Fcatalog%2FCatalog.xhtml&data=05%7C02%7CMatthew.Killian%40usda.gov%7C8c18409dd25a4355f9e608dc28fc5fa1%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638430312127278276%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=iUeHlvIsxQif%2B0q6QrgIer7OVEmAO2czCUYkKdMniWo%3D&reserved=0

Safety

The contractor must protect the lives and health of contractor employees; prevent damage to property, materials, supplies and equipment; and avoid work interruptions. As needed, the contractor will be responsible for providing appropriate safety barricades, signs, and signal lights to avoid accidents.

Occupational Safety and Health Administration (OSHA) Must be consistent with the OSHA Act of 1970. The Contractor is responsible for all hazardous conditions arising under this contract. Occupational Safety and Health Administration (OSHA) regulations, as well as this contract, impose the responsibility upon you to ensure that the working conditions are not unsanitary, hazardous, or dangerous to your employees’ health and safety. Forest Service employees will not inspect or accept the work under conditions that are hazards or unsanitary, that has not been mitigated to the extent required by OSHA. Any subcontract entered into pursuant to this contract shall similarly provide a work environment that is sanitary and not hazardous.

Personal Protective Equipment The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003. The contractor shall provide, at no cost to the employee, hearing

Santa Fe NF HPCC Capulin Fencing Page 17 of 50 protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

Injury Notification Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

Accident Reporting Report any accidents to the contract COR and CO as soon as possible. Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

Camping

Contractor may request camping. Requests for camping will be evaluated by the Government on a case-by-case basis. Contractor must receive written approval from the Contracting Officer Representative, in order to camp. Camping in locations and for durations not approved in writing by the Contracting Officer Representative is not permitted under this contract.

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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) 52.203-17 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) 52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 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) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab 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)

12970224R0018 Santa Fe NF HPCC Capulin Fencing Page 19 of 50 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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

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) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (SEP 2023) 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.

52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 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) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021)

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52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

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

2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 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) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

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52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (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) 452.236-72 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:

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

12970224R0018 Santa Fe NF HPCC Capulin Fencing Page 22 of 50 http://uscode.house.gov/

(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.

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, on completion of this contract, shall—

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(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to:

Contract Specialist, Matthew (Matt) Killian; matthew.killian@usda.gov Contracting Officer, Klenise Wallace; klenise.wallace@usda.gov

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

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.