Solicitation.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9AC7-S-15-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10/15/2014

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FOREST SERVICE,

NORTHERN CALIFORNIA ACQUISITIONSERVICE AREA

REDDING OFFICE; 3644 AVTECH PARKWAY

REDDING, CA 96002

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

PJ Vilhauer

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 530-226-2454

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

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

Beaver Fire BAER, Klamath National Forest

Estimate Price Range: is between $250,000 and $500,000.

Hubzone set-aside

NAICS CODE: 237310 SMALL BUSINESS SIZE STANDARD: $36.5

DUNS NO.____________________________

Email:_______________________________

11. The Contractor shall begin performance within 5 calendar days and complete it within 90 calendar days after receiving Award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time October 22, 2014 If this is a sealed bid solicitation, offers must 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.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 2 of 32

TABLE OF CONTENTS

PART I - SCHEDULE OF ITEMS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B.2 Option for Increased Quantity—Separately Priced Line Item (FAR 52.217-7) (Mar 1989)

B.3 Note Regarding Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Description of Work

C.2 Project Location

C.3 Seasonal Restriction…………………………………………………………………………………………………

C.4 Standard Specification for construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units)……………………………………………………………………………..………….8

C.5 Errata Sheet……………………………………………………………………………………………………………..8

C.6 Contract time and Estimated Start Date

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection of Construction, FAR 52.246-12 (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998) F.2 Commencement, Prosecution, and Completion of Work, FAR 52.211-10 (APR 1984)

F.3 Schedules for Construction Contracts, FAR 52.236-15 (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Postaward Conference, AGAR 452.215-73 (NOV 1996)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Emergency Response, AGAR 452.236-77 (NOV 1996)

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference, FAR 52.252-2 (FEB 1998)

I.2 Buy American Act - Construction Materials, FAR 52.225-9 (SEP 2010)

I.3 Bid Guarantee, FAR 52.228-1 (SEP 1996)

I.4 Order of Precedence-Construction………………………………………………………………………………..….15

I.5 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants -Alternate 1, AGAR 452.209.71 (Feb 2012)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J.1 Attachments to Statements of Work/Specifications, AGAR 452.211-73 (FEB 1988)

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 3 of 32

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) K.2 Annual Representations and Certifications, FAR 52.204-8 (MAY 2014) K.3 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, AGAR 452.209–70 (DEVIATION 2012-01) (FEB 2012) Alternate 1 (Feb 2012)

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

L.1 Solicitation Provisions Incorporated by Reference FAR 52.252-1 (FEB 1998) L.2 Invoice Processing Platform (IPP) L.3 System for Award Management, FAR 52.204-7 (JUL 2013) L.4 Instructions to Offerors—Competitive Acquisition, FAR 52.215-1 (JAN 2004) L.5 Type of Contract, FAR 52.216-1 (APR 1984) L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction, FAR 52.222-23 (FEB 1999)

L.7 Notice of Buy American Requirement - Construction Materials, FAR 52.225-10 (MAY 2014) L.8 Service of Protest, FAR 52.233-2 (SEP 2006) L.9 Preparation of Proposals – Construction, FAR 52.236-28 (OCT 1997) L.10 Instructions for the Preparation of Technical and Business Proposals L.11 Site Visit, FAR 52.237-1 (APR 1984)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Solicitation Provisions Incorporated by Reference, FAR 52.252-1 (FEB 1998) M.2 Acceptability of the Offer M.3 Evaluation Factors M.4 Award Determination

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 4 of 32

SCHEDULE OF ITEMS

PROJECT: BEAVER BAER

ITEM # Description UNIT ESTIMATED

QUANTITY

UNIT PRICE TOTAL AMOUNT

15101 Mobilization LS ALL $_________

15754 Soil Erosion & Pollution Control LS ALL $_________

20420A Drainage Excavation - Type I Rolling Dip EA 43 $_________ $_________

20420B Drainage Excavation - Type IV Rolling Dip

EA 54 $_________ $_________

30304 Roadbed Reconstruction, Grade Road MILE 25.33 $_________ $_________

60211A 24" DIA CMP, 0.079-Inch Thick for Stl, Method A

LF 180 $_________ $_________

60211B 66" DIA CMP, 0.079-Inch Thick for Stl, Method A

LF 80 $_________ $_________

60452A Drop Inlet Assembly, Type A Cover EA 16 $_________ $_________

60452B Drop Inlet Cover only, Type A EA 27 $_________ $_________

60605 Flared End Section EA 5 $_________ $_________

60701 Re-condition/Repair/Clean Existing Drainage Structures

LS ALL $_________

61902 Gate. Traffic Control, Repair/Replace as needed

EA 3 $_________ $_________

TOTAL BASE

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 5 of 32

Project Option #1 - 47N32

ITEM # ITEM UNIT

ESTIMATED

QUANTITY UNIT RATE

Option #1

PRICE

15101 Mobilization LS ALL $ ___________

15754 Soil Erosion & Pollution Control LS ALL $ ___________

20420A Drainage Excavation - Type I Rolling Dip EA 16 $__________ $ ___________

TOTAL Option 1 = $ ___________

Project Option #2 - 47N56

ITEM # ITEM UNIT

ESTIMATED

QUANTITY UNIT RATE

Option #2

PRICE

15101 Mobilization LS ALL $___________

15754 Soil Erosion & Pollution Control LS ALL $___________

20420B Drainage Excavation - Type IV Rolling Dip EA 30 $___________ $___________

TOTAL Option 2 = $

Project Option #3 - 46N20Y

ITEM # ITEM UNIT

ESTIMATED

QUANTITY UNIT RATE

Option #3

PRICE

15101 Mobilization LS ALL $___________

15754 Soil Erosion & Pollution Control LS ALL $___________

20420B Drainage Excavation - Type IV Rolling Dip EA 13 $___________ $___________

30304 Roadbed Reconstruction, Grade Road MILE 1.86 $___________ $___________

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 6 of 32

60701 Re-condition/Repair/Clean Existing Drainage Structures LS ALL $___________

TOTAL Option 3 = $___________

B.2 FAR 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor by November 15, 2014. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

B.3 NOTE REGARDING BOND PREMIUMS

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted

Total Base + Option Items:

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 7 of 32

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

Contract work includes furnishing all labor, equipment and materials required to restore existing roads drainage features prior to excessive winter weather. This work includes constructing rolling dips, grading roads, cleaning ditches, reconditioning, repairing and cleaning existing drainage structures, installing new drop inlet, drop inlet covers, installing flared end sections on existing culverts, repairing existing gates and installing and replacing culverts.

C.2 PROJECT LOCATION

The project sites are located along Forest Service roads within the Beaver Fire perimeter which are on the Oak Knoll Ranger District of the Klamath National Forest. The Project Roads are primarily located near or off of Highway 96, Beaver Creek Road, Lumgrey Creek Road, and the Doggett Middle Road ranging from 18 to 35 miles northwest of Yreka, California. Refer to project location map for project roads and their locations.

C.3 SEASONAL RESTRICTION

There is a Limited Operating Period (LOP) where no work shall commence on this project from October 15th to April 15th. The LOP is weather dependent and work can be performed on this project that falls within the LOP provided that the contractor adheres to the following requirements:

1. The contractor monitors the weather and assures that the roads and slopes the contractor is working on will not be damaged due to erosion or storm events, and

2. The contractor obtains written Forest Service approval.

C.4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units) is included in this solicitation by reference only. The requirements contained in these Standard Specifications are hereby made part of this Solicitation and any resultant contract.

The electronic version of the specifications is located at the following website:

http://flh.fhwa.dot.gov/resources/pse/specs/

Supplemental specifications to the FP-03 are associated with this contract and are included as a separate document (see Section J).

C.5 ERRATA SHEET

The words ". . . or equal", ". . .or approved equal" and ". . .equivalent to" when referring to brand name items are hereby deleted in their entirety from this solicitation.

C.6 CONTRACT TIME AND ESTIMATED START WORK DATE

Contract time for the base package is 90 calendar days. If the optional work is also performed an additional 30 days will be awarded for a total of 120 calendar days with an estimated notice to proceed date on or around November 01, 2014.

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 8 of 32 http://flh.fhwa.dot.gov/resources/pse/specs/

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO clauses in this Section.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 9 of 32

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 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):

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number

Title Date

52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 90 calendar days. If the optional work is also performed an additional 30 days will be awarded for a total of 120 day. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on November 01, 2014.

F.3 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 10 of 32 http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at a mutually agreeable location.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.2 Invoice Processing Platform (IPP)

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 this provision. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website https://www.ipp.gov/index.htm.

Vendors register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

Clause No Title Date

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEPT 2006

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010 52.204-4 PRINTED OR COPIED DOUBLE- SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011

52.204-13 CENTRAL CONTRACTOR REGISTRATION MAINTENANCE JUL 2013

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF

WHISTLEBLOWERS RIGHTS

APR 2014

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

AUG 2013

52.215-2 AUDIT AND RECORDS -- NEGOTIATION OCT 2010

52.219-3 NOTICE OF HUBZONE SET-ASIDE or Sole Source Award NOV 2011

52.219-14 LIMITATIONS ON SUNCONTRACTING (Applicable if > $1 Million) NOV 2011

52.219-28 POST-AWARD SMALL PROGRAM REREPRESENTATION JUL 2013

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME COMPENSATION MAY 2014

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS MAY 2014

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

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUL 2014

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL 2014

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUL 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS http://www.biopreferred.gov

SEPT 2013

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (ALTERNATE I) JAN 1997

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS DEC 2007

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS

MAY 2008

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC 2007

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

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Clause No Title Date

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS JAN 2012

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT MAY 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION OCT 2010

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 MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT JUL 2013

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.233-1 DISPUTES – ALTERNATE I (DEC 1991) MAY 2014

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 – Alternate I (NOV 1991) NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JUL 2014

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES APR 2012

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) – Alternate I (SEP 1996) APR 2012

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

Clause No Title Date 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS – FIXED-PRICE CONSTRUCTION CONTRACTS NOV 1996

452.236-71 PROHIBITION AGAINST USE OF LEAD-PAINT NOV 1996

452.236-72 USE OF PREMISES NOV 1996

452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION NOV 1996

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

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FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

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

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

NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

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

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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FAR 52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.

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

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

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications); i.e. Sections A, B, D, E, F, G, and H

(2) Representations and Other Instructions; i.e. Sections K, L, and M

(3) Contract Clauses; i.e. Section I

(4) Other Documents, Exhibits, and Attachments; i.e. Section J

(5) Special Project Specifications

(6) Standard Specifications; i.e. Section C (including FAR clauses)

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop Drawings

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS - ALTERNATE 1 (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

Beaver Fire BAER Solicitation No. AG-9AC7-S-15-0006 Page 16 of 32

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

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

SECTION J--LIST OF ATTACHMENTS

J.1 AGAR 452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(FEB 1988)

The following attachments are made a part of this solicitation and any resultant contract.

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Attachment No. Description Number of Pages

1 Special Project Specifications 76

2 Drawings/Plans 33

3 Fire Plan 10

4 General Decision Number: CA140009 10/03/2014 CA9 42

5 SF-24, Bid Bond Form 2

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, SECTIONS K, L, AND M, WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER CONTRACT AWARD. HOWEVER, SECTION K WILL BE

INCORPORATED BY REFERENCE INTO THE RESULTING CONTRACT.

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a provision may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

52.223-1 Biobased Product Certification (MAY 2012) 52.223-4 Recovered Material Certification (MAY 2008)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36.5.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

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(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the…