A10_RFQ_signed.pdf

Agriculture

United States Department of

Forest EAZ Acquisition Management 160-A Zillicoa St

Service Acquisition Management Asheville NC 28802

USDA Forest Service

PPS- SPOC

Intermountain Branch

1400 Independence Avenue, Mailstop 1138

Washington, DC 20250

Caring for the Land and Serving People Printed on Recycled Paper

17 July 2024

USDA Forest Service

Crystal Amos, Contracting Officer

SPOC-Intermountain

1400 Indepence Avenue, Mailstop 1138

Washington, DC 20250

Subject: Request for Quote, 1282B124Q0054, Lime Creek Replacement Trail

1. This is a Request for Quote for construction services. The Forest Service intends to award one, FFP purchase order under this solicitation. Please review all documents attached, all questions and clarification pursuant to this RFQ must be received electronically by Contracting Officer on or before 24

July 2024, 2:00, P.M., CDT. Questions submitted after specified date and time may not receive a reply.

However, if the Contracting Officer determines a request cites an issue of significant importance, the

Government will provide a written response.

2. Contacting other USFS personnel regarding this solicitation to gain procurement-sensitive information may result in disqualification from the evaluation process. The government will make a best value determination, IAW FAR 13.106, using performance price trade off.

3. Submission shall consist of: (1) Signed cover letter certifying quoter has read and agrees to comply with all conditions and instructions provided in this RFQ document, attachments and any potential amendments issued; (2) Technical submission, (five pages), Past Performance (two pages) and Price

(Schedule B)

4. Electronic Submissions:

The Offeror shall provide an electronic response/quote. Submission must be IAW all RFQ instructions, attachments and received prior to the deadline specified in this solicitation.

5. Response/Quotation Preparation:

The Government will not consider submissions exceeding page limitations, or materials not included in full text within the quote (links to external information will not be reviewed or considered). Page limitations include all text, graphs, pictures, appendices, references, exhibits, etc. Tabs, index sheets, tables of contents, dividers and other aids, used to assist the evaluator in locating information and are advisory in nature, imparting no other information other than the identification of content, will not be counted against any page limits stated within this RFQ.

5.1 Submissions shall be type written in English, submissions in any other language will not be considered. All narrative text must be formatted to 8 ½ x 11 paper with margins of at least 1" at the top, bottom, and both sides; using single spaced, Times New Roman 12-point font. All charts, tables, exhibits and figures, shall use 8-point Times new Roman font; font smaller than 8-point Times New Roman may not be evaluated. Quoters are cautioned, quotation elements using a font less than 12-point Times New

Roman for the narrative and less than 8-point Times New Roman for charts will may not be reviewed by the Government. All submissions shall be valid for at least 90 days.

6. Response/Quotation Submission Deadline:

Offerors shall submit response no later than, 09 August 2024, 12:00 PM, CDT.

a. Past Performance: Shall include a brief description of services rendered and references for at least (3) recent, relevant contracts. Recent, defined, is work completed within (3) years of this solicitation date. Relevant defined, is work similar in scope and magnitude.

Submissions must include all information stated in this solicitation. The government will not contact the quoters for missing information. Missing information may disqualify quoters from evaluation. The government may use the information stated in this paragraph and any reasonable basis to evaluate past performance.

b. Technical Quote: The contractor shall describe approach, clearly demonstrating how the

Government’s requirement will be met, IAW SPECS and all attachments. This section shall include transition, key personnel, staffing, methodology for completion of the work, and quality control procedures.

c. Price must consist of firm-fixed prices listed in Schedule B. Submission must clearly detail the level of effort and the mix of labor quoted to perform the specific tasks requested.

7. Evaluation

The government will make a best value determination IAW FAR 13.106, using performance price trade off. For the purposes of this RFQ, ''best value" is defined as the procurement process resulting in the most advantageous decision for the Government. The Government may elect to award to other than the lowest priced quote, based on the results of tradeoff analysis between non-price and price factors. To be considered awardable, potential quoters must earn an acceptable technical rating. Quotes will be evaluated for completeness and compliance.

Quoters are cautioned, the quality of the response/quotation and adherence to RFQ requirements and restrictions will be given consideration throughout the evaluation process, failure to comply with RFQ criteria may cause elimination. Quoters are strongly encouraged to emphasize content in response to all

RFQ requirements. To be considered awardable, potential quoters must earn an acceptable technical rating.

Past Performance Recency/Relevancy Rating:

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Past Performance Confidence Rating:

Satisfactory Confidence Based on the offeror's recent/relevant performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror's recent/relevant performance record, the

Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the

Government has no expectation that the offeror will be able to successfully perform the required effort.

Neutral No recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past.

performance.

Technical Rating:

Price will be evaluated to determine whether the quoted price is fair and reasonable and in alignment with the technical requirements in terms of the labor mix and level of effort. The Government will evaluate total overall price to determine overall best value.

The Government reserves the right to communicate and/or conduct exchanges with any or all contractors submitting a technical and price quote. if it is determined advantageous to the Government to do so. This statement is not to be construed to mean the Government is obligated to hold discussions.

(4) NAICS: 237310 PSC: Z2LB

(5) The project magnitude: $100,000 – $250,000

Sincerely, CRYSTAL AMOS

Contracting Officer

Attachments:

(1) RFQ

Acceptable Clearly meets the minimum solicitation requirements

Unacceptable Does not clearly meet the minimum solicitation requirements

Solicitation Number: 1282B124Q0054 Lime Creek Trail Replacement Trail #193001 – MP 4.73 Mountain Home Ranger District, Boise National Forest, Elmore County, Idaho Page 1

FAC 2024-03 February 23, 2024

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

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

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

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FAC 2024-03 February 23, 2024

L.2 QUOTE PREPARATION INSTRUCTIONS:

M.1 PROVISIONS

M.2 QUOTE EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

Mountain Home Ranger District, Boise National Forest, Elmore County, Idaho Page 3

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization Lump Sum

1 $ $

15701 Soil erosion and pollution control Lump Sum

1 $ $

20301 Removal of existing structures, disposal method A

Each 1 $ $

25101 Placed government source rip rap, acceptance method A

Lump Sum

1 $ $

57101 Design, purchase, transport and install prefabricated steel trail bridge and grade beams

Lump Sum

1 $ $

TOTAL: $

B.2 SCHEDULE NOTES

a) One award will be made from this solicitation, contractors must submit pricing for all items.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The work shall consist of but is not limited to mobilization, soil erosion & pollution control, removal and disposal of an existing unserviceable trail bridge, rip rap armoring of new bridge abutments using local in-situ rock, design, purchase, transport, and installation of a prefabricated steel trail bridge, design, purchase, transport, and installation of new substructure (pre-cast concrete grade beams), construction of approach embankments, and general cleanup. This is a remote site not accessible by standard vehicles or heavy equipment and will likely require helicopter transportation in order to remove and dispose of the old structure and to transport and install the new superstructure and substructure.

The contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project as shown on the plans, shown on the manufacturer’s shop drawings, and as described in the Standard Specifications (FP-14) and Forest Service Supplemental Specifications (FSSS).

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FAC 2024-03 February 23, 2024

C.2 PROJECT LOCATION

The project is located is approximately 0.8 miles northwest along the Slickear Trail (#193001) from its junction with the termination of National Forest System Road (NFSR) #181A in T1N, R11E, Section 18, Mountain Home Ranger District, Boise National Forest, Idaho. Detailed travel directions to the project location are included in the plans.

PERFORMANCE: Specific time windows for work have been established to protect aquatic species and hydrologic function. All instream work shall be accomplished between 30 August and September 15th, 2024, or 2025.

Winter shutdown will occur from November 1st, 2024, through May 1st, 2025.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

$100, 000 – $250,000

C.4 TECHNICAL SPECIFICATIONS

The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-14 U.S. Customary Units.

Copies of this document are available on-line only at the Federal Highway Administration web site at https://highways.dot.gov/federal-lands/specs in either Microsoft Word .doc or Adobe Acrobat .pdf format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract.

FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FSSS 103 Scope of Work FSSS 104 Control of Work FSSS 105 Control of Material FSSS 106 Acceptance of Work FSSS 107 Legal Relations and Responsibility to the Public FSSS 108 Prosecution and Progress FSSS 109 Measurement and Payment FSSS 155 Schedules for Construction Contracts

NOTE: All potential quoters are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of quotation. All specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-14 U.S. Customary Units are binding on the parties signing the contract unless amended, supplemented, or replaced with Supplemental Project Specifications.

https://highways.dot.gov/federal-lands/specs

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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.

C.7 Order of Precedence - Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Bid Schedule

(2) Representations and other instructions

(3) Contract clauses

(4) Other documents, exhibits, and attachments

(5) Forest Service Supplemental Specifications (FSSS)

(6) Standard Specifications (FP-14)

(7) (a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small-scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

(8) Shop drawings

C.8 Government Furnished Property Government furnished property consists of the in-situ rip rap and embankment material in the general project location to be used for armoring of the new abutments and construction of approach embankments, respectively.

C.9 Measurement Units of measurement shall be as indicated in the Schedule of Items.

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

Mountain Home Ranger District, Boise National Forest, Elmore County, Idaho Page 6

FAC 2024-03 February 23, 2024 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)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 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 30 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 September 30, 2025. The time stated for completion shall include final cleanup of the premises.

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 10 days after the date of contract award. The conference will be held on: MS TEAMS or equivalent audio/video conference software.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74ey Personnel (FEB 1988)

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

Site Superintendent

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or

Mountain Home Ranger District, Boise National Forest, Elmore County, Idaho Page 7

FAC 2024-03 February 23, 2024 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 Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live stream)

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer. A Spill Prevention & Containment Plan is required and shall be submitted to the Contracting Officer for approval prior to beginning construction. A sample plan form is available and can be obtained at the Pre-Work Meeting. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H.3 Work Restrictions All instream work shall be accomplished between August 2024, and September 15th, 2024, or 2025.

H.4 Traffic Control The contractor will be responsible for providing, installing, maintaining, and removing trail closure signs during the construction period. Temporary closure of NFSR #181A may be required on the part of the contractor during helicopter bridge removal/loading operations.

Contractor shall submit a traffic control plan at least 30 days prior to intended use. Contractor shall perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan has been approved. Notify the Forest Service no less than 60 days in advance of any requested closure periods to allow for the creation of official closure orders.

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FAC 2024-03 February 23, 2024

H.5 Pumps All pumps used for drafting must be outfitted with a suction screen that has a maximum opening size of 3/32”.

H.6 Drafting Site Access If drafting is necessary, location must be approved by COR.

H.7 Erosion Control Submit an Erosion Control and Sediment Control Plan which addresses the requirements of Section 157 of the FP-14.

H.8 Site Preparation

• Install sediment barriers (e.g. silt fences, weed free straw bales, wattles, etc...) around excavated material stockpiles to minimize the potential for sediment delivery into stream channels and road ditches.

• Furnish a supply of surplus sediment barriers to be kept on hand, to respond to unanticipated events that have the potential to deliver sediment to stream channels.

Minimum coverage length to supply for surplus barriers is 100 feet. i.e. 4 - 25-foot-long straw wattles, or enough straw bales to cover 100 lineal feet when placed end to end.

• Obtain approval from C.O. for locations of staging areas, stockpile areas, fueling locations, and other locations where impacts might be anticipated.

H.9 Fish Avoidance

• Report the finding of a dead or injured bull trout/fish to the Forest Service immediately.

H.10 Dewatering

• Dewatering is not planned, but should it be deemed necessary, the following shall apply:

• Stream diversion time is limited to a maximum of 14 days.

• Notify the Forest Service at least 14 days in advance before diverting the stream.

• Dewater slowly to allow the Forest Service time to capture and move stranded fish and other aquatic organisms.

• Utilize 3/32” maximum opening size fish screens for pump suction lines in accordance with the following NMFS fish screen criteria:

Total Screen Area (ft2) Dia. in Inches for 1 Foot Tall

Cylindrical Screen Intake Rate

(gpm)

Perforated Sheet Metal Wire

Mesh

Perforated Sheet Metal Wire

Mesh 500 8.1 5.4 31 20 400 6.5 4.4 25 17 350 5.7 3.8 22 14 300 4.9 3.3 19 13 200 3.2 2.2 12 8 150 2.4 1.6 10 6

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FAC 2024-03 February 23, 2024

100 1.6 1.1 6 5 50 0.8 0.5 4 3

• Do NOT excavate material from stream channels or floodplains to construct stream diversion dams.

• Construct the stream diversion around the project site using non-erodible material, such as a pipe or plastic-lined channel to accommodate peak flows that may be expected during construction, including potential storm events.

• Pump turbid water to a temporary storage/treatment site, or into upland areas, to allow it to filter through vegetation prior to reentering the stream channel.

• Place portable pumps in secondary containment with a capacity large enough to hold the contents of the fuel tank.

• Stockpile material excavated from the diversion channel at a designated stockpile area for use in rehabilitating the excavated channel. Install sediment barriers (e.g. silt fences, weed free straw bales, wattles, etc...) around excavated material stockpiles to minimize the potential for sediment delivery into stream channels and road ditches.

• Re-water stream channels slowly to prevent loss of surface water downstream as construction site streambed absorbs water and to minimize a sudden increase in turbidity.

H.11 Construction and Earthmoving Activities

• Conduct excavation with minimal impact to the active stream channel. Store excavated material in designated stockpile areas.

• Cross streams with equipment only at dewatered areas, on temporary bridges, or at designated temporary crossings.

• Store equipment in approved staging areas when not in use. Cease all operations in the event of local precipitation events or high flows, except efforts to minimize storm damage or excessive erosion.

• Provide certified weed free erosion control materials to prevent the spread of noxious weeds.

H.12 Pollution Control Measures

• Follow State and Federal regulations regarding spills: e.g., report any spills resulting in a detectable sheen on water to the EPA National Response Center (1-800-424- 8802).

• Report any spills over 25 gallons to the IDEQ (1-800-632-800), and initiate cleanup within 24 hours of the spill.

• Clean all equipment of external oil, grease, dirt and mud, and repair all leaks prior to arriving at the project site. Make equipment available for inspection by the C.O. and obtain approval from the C.O. before unloading at the site.

• Correct any leaks or accumulations of grease before entering streams or areas that drain directly to streams or wetlands.

• Fuel and service all equipment, including chainsaws and other hand power tools in an approved staging area.

Keep a spill containment kit containing oil-absorbing floating booms, or other equipment such as pads and absorbent peanuts, capable of containing hazardous oil spills from the largest piece of equipment used on site. Keep the spill containment kit available on-site

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FAC 2024-03 February 23, 2024 during all phases of construction and place in a location that facilitates an immediate response to potential petroleum leakage.

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

52.203-7 Anti-Kickback Procedures (JUN 2020)

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

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-14 Limitations on Subcontracting (OCT 2022)

☐ 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.

52.222-3 Convict Labor (JUN 2003) 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

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FAC 2024-03 February 23, 2024

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) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 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) 52.223-17 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) 52.227-4 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) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 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) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991)

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FAC 2024-03 February 23, 2024

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 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)

52.225-9 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. 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 such costs are paid to a domestic firm), and any applicable duty (whether a duty-free entry certificate is issued); or https://www.acquisition.gov/far/part-2#FAR_2_101

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

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

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

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

https://www.acquisition.gov/far/part-25#FAR_25_105

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

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

(b) Domestic preference.

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

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

None

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

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

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

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

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

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

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether a duty-free certificate may be issued).

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

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

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

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

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

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

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

[*Include all delivery costs to the construction site and any applicable duty (whether a duty-free entry certificate is issued)].

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

(End of clause)

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

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

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

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.acquisition.gov/far/part-28#FAR_28_203_1

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FAC 2024-03 February 23, 2024 bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION

MAY 2023)

(a)Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

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

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

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

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.acquisition.gov/far/part-28#FAR_28_102_1

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Treasury Department regulations, certain bonds or notes of the United States.