Att. 1 Solicitation Terms and Conditions.docx
DOCX document 82 KB Posted
- Attached to
- Green Mountain General Roads/Civil Construction IDIQ Federal contract opportunity
- Solicitation number
- 12445526Q0039
- Issued by
- Department of Agriculture Forest Service
About this file
This is a Solicitation Terms and Conditions document for an Indefinite Delivery Indefinite Quantity (IDIQ) contract for general road and civil construction services at the Green Mountain National Forest in Vermont. The U.S. Department of Agriculture Forest Service intends to award approximately six firm-fixed-price IDIQ contracts to small business concerns for road maintenance, road repairs, and other transportation-related construction work across Addison, Bennington, Rutland, Washington, Windham, and Windsor counties. The solicitation is a Total Small Business Set-Aside with a NAICS code of 237310 and a size standard of $45 million. Two seed projects are included: a Road Maintenance task order and a Road Repairs task order, each with separate Schedules of Items, Statements of Work, maps, and wage determinations. The contract term is five years from the date of award, with task orders issued throughout the ordering period.
Quotations are due by May 19, 2026, at 1:00 PM Eastern Time, submitted via email to debra.brinn@usda.gov. Questions must be submitted by May 12, 2026, at 1:00 PM Eastern Time. Award will be made to offerors offering the best value based on four evaluation factors: bonding capacity (minimum $150,000 single project/$500,000 aggregate), technical approach to performing the work, relevant experience (three to five projects valued at $50,000 or more completed within five years), and past performance. Offerors must submit completed Past Performance Questionnaires or CPARS assessments, experience project data sheets, a technical narrative (maximum four single-sided pages plus one organizational chart page), and bonding letters. Performance and payment bonds are required for construction projects exceeding $35,000. The contract incorporates FAR and AGAR clauses, including construction wage rate requirements, Buy American provisions, small business subcontracting plan requirements, and compliance certifications regarding anti-discrimination laws and diversity, equity, and inclusion requirements.
View the file
Other files for this federal contract opportunity
Show all 22
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
GMF General Road-Civil Construction IDIQ 12445526Q0039
Schedule of Items
There is not a Schedule of Items associated with the indefinite delivery indefinite-quantity (IDIQ) contracts. Each task order for awardees will independently include a Schedule of items. There are two seed projects associated with this synopsis solicitation that have Schedule of Items included with attachments.
Technical Data - In addition to this attachment (Att. 1 Solicitation Terms and Conditions) is the following attachments:
Att. 2 Past Performance Questionnaire 250505 (Submit with quote.)
Att. 3 Experience Project Data Sheet 250505 (Submit with quote.)
Att. 4 Green Mountain National Forest Maps 250505 Att. 5 Description_Specifications_Statement of Work for Task Orders
Seed project 1 Att. 6 Road Maintenance TO – Schedule of Items 250505 (Submit with quote.)
Att. 7 Road Maintenance TO – SOW 250505 Att. 8 Road Maintenance TO – Maps 250505 Att. 9 Road Maintenance TO – Wage Determination 251203
Seed project 2 Att. 10 Road Repairs TO – Schedule of Items 250505 (Submit with quote.)
Att. 11 Road Repairs TO – Plans 250505 Att. 12 Road Repiars TO – FSSS 250505 Att. 13 Road Repairs TO – Maps 250505 Att. 14 Road Repairs TO – Wage Determination 260102
Project Location
Green Mountain National Forest located in the state of Vermont. It is primarily located within Addison, Bennington, Rutland, Washington, Windham, and Windsor counties.
Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.228-1 Bid Guarantee (Sept 1996): Bid bonds are not required for MATOC holders but may be required for task orders exceeding $150,000 to resulting awardees.
FAR 52.228-15 Performance and Payment Bonds-Construction (Jun 2020):
| • | Payment and Performance bonds are required for construction projects over $35,000. Based upon historical data, the contractor shall be able to provide single task order bonds up to $500K. The contractor should be able to obtain bonds for an aggregate of ongoing projects up to $7.0M. offerors must provide sufficient documentation to verify this level, such as a letter from their bonding company stating the offeror's bonding capacity. |
| • | 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. |
| 52.212-4 | Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) | |
| ☐ Alternate I (Nov 2025) of 52.212-4 |
This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:
(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).
| (d) Changes. Changes will be handled in accordance with the following FAR | clause(s): | |
| ☒ FAR 52.243-4, Changes (Nov 2025) | ||
| ☒ FAR 52.243-5, Changes and Changed Conditions (Nov 2025) |
| 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | |
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | (Jan 2017) |
| 52.222-50 | Combating Trafficking in Persons (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.222-50
| 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) |
| 52.232-39 | Unenforceability of Unauthorized Obligations (Jun 2013) |
| 2.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) |
| 52.233-3 | Protest After Award (Sep 2025) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (Sep 2025) |
| 52.240-91 | Security Prohibitions and Exclusions (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
| ☒ 52.203-6 | Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I | (Nov 2021) of 52.203-6 | |
| ☐ 52.203-13 | Contractor Code of Business Ethics and Conduct (Nov 2021) | ||
| ☐ 52.204-9 | Personal Identity Verification of Contractor Personnel Jan 2011 | ||
| ☒ 52.204-13 | System for Award Management—Maintenance (Nov 2025) | ||
| ☐ 52.204-91 | Contractor identification (Nov 2025) | ||
| ☒ 52.209-6 | Protecting the Government’s Interest When Subcontracting with | ||
| Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) | |||
| ☒ 52.209-9 | Updates of Publicly Available Information Regarding Responsibility | ||
| Matters (Sep 2025) | |||
| ☒ 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) | ||
| ☐ 52.219-4 | Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov | 2025) | |
| ☒ 52.219-6 | Notice of Total Small Business Aside (Nov 2025) |
☐ Alternate I (Mar 2020).
| ☒ 52.219-8 | Utilization of Small Business Concerns (Nov 2025) |
| ☒ 52.219-9 | Small Business Subcontracting Plan (Nov 2025) |
☐ Alternate III (Nov 2025) of 52.219-9.
☐ Alternate IV (Nov 2025) of 52.219-9
| ☒ 52.219-14 | Limitations on Subcontracting (Nov 2025) |
| ☐ 52.219-16 | Liquidated Damages—Subcontracting Plan (Nov 2025) |
| ☒ 52.219-33 | Nonmanufacturer Rule (Nov 2025) |
| ☒ 52.222-3 | Convict Labor (June 2003) |
| ☒ 52.222-19 | Child Labor—Cooperation with Authorities and Remedies (Nov 2025) |
| ☒ 52.222-35 | Equal Opportunity for Veterans (Nov 2025) |
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36
| ☒ 52.222-37 | Employment Reports on Veterans (Nov 2025) |
| ☒ 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) |
| ☒ 52.222-41 | Service Contract Labor Standards (Aug 2018) |
| ☒ 52.222-42 | Statement of Equivalent Rates for Federal Hires (May 2014) |
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Aircraft Mechanic |
| $XX.XX |
| ☒ 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) | |
| ☐ 52.222-44 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) | |
| ☐ 52.222-51 | Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) | |
| ☐ 52.222-53 | Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) | |
| ☒ 52.222-54 | Employment Eligibility Verification (Nov 2025) | |
| ☒ 52.222-62 | Paid Sick Leave Under Executive Order 13706 (Jan 2022) | |
| ☒ 52.223-9 | Estimate of Percentage of Recovered Material Content for EPA-Designated Items | (May 2008) |
☐ Alternate I (May 2008) of 52.223-9
| ☒ 52.223-11 | Ozone-Depleting Substances and High Global Warming Potential | Hydrofluorocarbons (Nov 2025) | |
| ☒ 52.223-12 | Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air | Conditioners (Nov 2025) | |
| ☒ 52.223-23 | Sustainable Products and Services | ||
| ☐ 52.224-3 | Privacy Training (Jan 2017) |
☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☒ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☒ Alternate II (Nov 2025) of 52.225-3.
☒ Alternate III (Nov 2025) of 52.225-3.
☒ Alternate IV (Oct 2022) of 52.225-3
| ☒ 52.225-5 | Trade Agreements (Nov 2023) | ||
| ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic | or Consular Mission outside the United States (May 2020) | ||
| ☐ 52.225-26 | Contractors Performing Private Security Functions Outside the United States (Oct | 2016) | |
| ☐ 52.226-4 | Notice of Disaster or Emergency Area Set-Aside (Nov 2007) | ||
| ☐ 52.226-5 | Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) | ||
| ☐ 52.229-12 | Tax on Certain Foreign Procurements | ||
| ☐ 52.232-29 | Terms for Financing of Purchases of Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☐ 52.232-30 | Installment Payments for Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☒ 52.232-33 | Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) | ||
| ☐ 52.232-34 | Payment by Electronic Funds Transfer—Other Than System for Award Management | (Jul 2013) | |
| ☐ 52.232-36 | Payment by Third Party (Nov 2025) | ||
| ☐ 52.240-92 | Security Requirements (Nov 2025) |
☐ Alternate II (Nov 2025) of 52.240-92
| ☐ 52.240-93 | Basic Safeguarding of Covered Contractor Information Systems (No 2025) |
| ☐ 52.247-64 | Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) |
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
The Contractor shall comply with the following FAR Clauses for Commercial Construction.
| 52.222-6 | Construction Wage Rate Requirements |
| 52.222-7 | Withholding of Funds |
| 52.222-8 | Payrolls and Basic Records |
| 52.222-9 | Apprentices and Trainees |
| 52.222-10 | Compliance with Copeland Act Requirements |
| 52.222-11 | Subcontracts (Labor Standards) |
| 52.222-12 | Contract Termination-Debarment |
| 52.222-14 | Disputes Concerning Labor Standards |
| 52.222-15 | Certificate of Eligibility |
| 52.236-5 | Material and Workmanship |
The following clauses are applicable when checked:
| ☒ 52.222-30 | Construction Wage Rate Requirements-Price Adjustment (None or Separately | Specified Pricing Method (Aug 2018) | |||
| ☐ 52.222-31 | Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (Aug | 2018) | |||
| ☐ 52.222-32 | Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov | 2025) | |||
| ☒ 52.225-9 | Buy American-Construction Materials (Nov 2025) | ||||
| ☐ Alternate I (Oct 2022) of 52.25-9 | |||||
| ☐ 52.225-11 | Notice of Buy American Requirement-Construction Materials under Trade | Agreements (Nov 2025) | |||
| ☐ Alternate I (Nov 2025) (of 52.225-11 | |||||
| ☐ Alternate II (Oct 2022) of 52.225-11 | |||||
| ☒ 52.228-2 | Additional Bond Security (Oct 1997) | ||||
| ☒ 52.228-5 | Insurance-Work on Government Installation (Jan 1997) | ||||
| ☒ 52.228-11 | Individual Surety-Pledge of Assets (Feb 2021) | ||||
| ☒ 52.228-13 | Alternative Payment Protections (Jul 2020) | ||||
| ☒ 52.228-14 | Irrevocable Letter of Credit (Nov 2014) | ||||
| ☒ 52.228-15 | Performance and Payment Bonds-Construction (Jun 2020) | ||||
| ☒ 52.228-17 | Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) | ||||
| ☒ 52.236-2 | Differing Site Conditions (Jul 2025) | ||||
| ☒ 52.236-3 | Site Investigation and Conditions Affecting the Work (Jul 2025) | ||||
| ☒ 52.236-6 | Superintendent by the Contractor (Jul 2025) | ||||
| ☒ 52.236-7 | Permits and Responsibilities (Jul 2025) | ||||
| ☒ 52.236-8 | Other Contracts (Jul 2025) | ||||
| ☒ 52.236-9 | Protection of Existing Vegetation, Structures, Equipment, Utilities, and | Improvements (Jul 2025) | |||
| ☒ 52.336-10 | Operations and Storage Areas (Jul 2025) | ||||
| ☒ 52.236-11 | Use and Possession Prior to Completion (Jul 2025) | ||||
| ☒ 52.236-12 | Cleaning Up (Jul 2025) | ||||
| ☒ 52.236-13 | Accident Prevention (Jul 2025) | ||||
| ☐ Alternate I (Nov 1991) of 52.236-13 | |||||
| ☒ 52.236-14 | Availability and Use of Utility Services (Jul 2025) | ||||
| ☒ 52.236-15 | Schedules for Construction Contracts (Jul 2025) | ||||
| ☐ 52.236-16 | Quantity Surveys (Jul 2025) | ||||
| ☐ Alternate I (Apr 1984) of 52.236-16 | |||||
| ☒ 52.236-17 | Layout of Work (Jul 2025) | ||||
| ☒ 52.236-21 | Specifications and Drawings for Construction (Jul 2025) | ||||
| ☒ Alternate I (Apr 1984) of 52.236-21 | |||||
| ☒ Alternate II (Apr 1984) of 52.236-21 | |||||
| ☒ 52.242-14 | Suspension of Work (Apr 1984) | ||||
| ☒ 52.248-3 | Value Engineering (Oct 2025) | ||||
| ☐ Alternate I (Apr 1984) of 52.248-3 |
Other Applicable Clauses
52.216-18 Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through expiration of contract.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered “issued” when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
52.216-19 Delivery – Order Limitations (Oct 1995) Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $500,000;
(2) Any order for a combination of items in excess of 1,000,000; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity (Nov 2025) (d) 5 years from date of award except in the case where a task order is issued prior and completion is not expected until after the 5 year cutoff date
FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) (Inserted “Chief, Compliance and Oversight Branch” Sm.fs.pps_cando@usda.gov” in paragraph(a))
| 52.217-6 | Option for Increased Quantity (Mar 1989) | |
| 52.217-7 | Option for Increased Quantity - Separately Priced Line Item (Mar 1989) | |
| 52.217-8 | Option to Extend Services (Nov 1999) | |
| 30 calendar days prior to contract expiration | ||
| 52.217-9 | Option to Extend the Term of the Contract (Mar 2000) | |
| (a) 30 Calendar days prior to contract expiration and 60 days | ||
| (c) five years and 6 months. |
When checked, the Contractor shall comply with the following FAR Clauses for Commercial Construction.
| ☒ 52.222-5 | Construction Wage Requirements, Secondary Site of the Work (Nov 2025) | |
| ☒ 52.225-10 | Notice of Buy American Requirement- Construction Materials (May 2014) | |
| Alternate I (May 2014) of 52.225-10 |
| ☐ 52.225-12 | Notice of Buy American Requirement-Construction Materials under Trade | Agreements (May 2014) | |
| Alternate I (May 2014) of 52.225-12 | |||
| Alternate II (Nov 2023) of 52.225-12 | |||
| ☒ 52.228-1 | Bid Guarantee (Sep 1996) |
AGAR Clauses
452.204–70 Modification for Contract Closeout (Nov 2025)
(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(End of Clause)
Definitization of Equitable Adjustments for Change Orders - 436.101-4 Advance Notices and Solicitations
(b) Solicitation notices posted for construction contracts must include a statement that, “Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at FAR 36.211 | USDA. USDA’s procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in 443.304 -70
452.211-73 Variation in Estimated Quantity (Sep 2025) If the actual quantity of a unit-priced item varies by more than 15% from the estimated quantity, either party may request an equitable adjustment in the contract price. The adjustment will be based on cost changes due to variations above 115% or below 85% of the estimated quantity. If this variation delays completion, the Contractor may request a time extension in writing. The request must be received by the Contracting Officer within 10 days of the delay's start or within such further period granted by the Contracting Officer before the final contract settlement. The Contracting Officer will review the request and, if justified, extend the completion date.
(End of clause)
452.222-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(a) By entering into this contract, the Contractor certifies that:
It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)
(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.
(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:
Materials delivered on site and preparatory work;
Materials delivered to the Contractor at locations other than the site, if:
Specifically authorized by the contract; and The Contractor provides satisfactory evidence of title and intended use in the contract.
(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:
1. An itemization of the amounts requested, related to the various elements of work required by the contract;
A listing of the amount included for work performed by each subcontractor;
A listing of the total amount of each subcontract;
A listing of the amounts previously paid to each subcontractor; and Additional supporting data in a form and detail required by the Contracting Officer.
(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:
I hereby certify, to the best of my knowledge and belief, that—
1. The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;
1. All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;
1. This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
1. This certification is not to be construed as final acceptance of a subcontractor’s performance.
________________________________________________(name) ________________________________________________(title) ________________________________________________(date)
(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:
1. Records and Documentation:
1. Certified progress payment requests and supporting documentation;
1. Subcontractor and supplier invoices, payment records, and lien waivers;
1. Updated schedule of values and progress schedules;
1. Quality assurance and inspection reports;
1. Payroll records, if applicable under labor provisions.
Facilities and Worksite Access:
1. Physical access to the construction site for inspection of work progress;
1. Access to off-site storage locations for materials billed but not yet incorporated into the work; or
1. Access to any fabrication facilities where contract-related work is being performed.
Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.
(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.
(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.
(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor; the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.
(i) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.
(j) Reservation of rights.
1. No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-
1. Excuse the Contractor from performance of obligations under this contract; or
1. Constitute a waiver of any of the rights or remedies of the parties under the contract.
The Government’s rights and remedies under this clause-
1. Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
1. Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-
1. Notify the Contracting Officer of such performance deficiency; and
1. Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-
1. The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or
1. The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.
(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.
(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-
1. Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or
1. Waiving the right of the Government to require the fulfillment of all the terms of the contract.
1. The Government’s rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.
(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-
1. Completion and acceptance of all work;
1. Presentation of a properly executed voucher; and
1. Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).
(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.
(End of clause)
Solicitation Information
Award Type
It is anticipated that a Firm Fixed Price will be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years.
The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate purchase orders, it is determined that the multiple awards will result in the best value to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a purchase order is $500.
Period of Performance The ordering period for this IDIQ will be 5 years after receipt of award.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.
Evaluation Method:
The Government intends to evaluate quotations using a comparative evaluation methodology. This means quotations will be compared against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation.
The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal tradeoff procedures will not be conducted.
The Contracting Officer will award up to six IDIQs to the responsible Quoters whose quotes the Government determines conform to the solicitation, is fair and reasonable with regard to pricing, and whose submissions offer the best overall value to the Government, considering the price and non-price factors described herein. Award may not necessarily be made to that concern submitting the lowest quote. Also, award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The actual number of awards will be dependent on the submissions received and the overall benefit to the Government. The number of awardees will be determined based upon the criteria below.
If determined to be in the Government’s best interest, the Contracting Officer will award the seed projects provided with this synopsis solicitation as Firm Fixed Price task orders to an IDIQ awardee whose quote offers the best overall value to the Government, considering price and non-price factors.
Confidence Assessment: Based on the recency, relevancy, and quality of past performance, the Government will assign one of the following confidence ratings:
· High Confidence – Government has a high expectation of successful performance.
· Some Confidence – Government has a reasonable expectation of success.
· Low Confidence – Government has concerns about successful performance.
· Neutral Confidence – No relevant past performance available; no positive or negative inference will be made.
Note: Offerors without relevant past performance will not be rated favorably or unfavorably but will receive a Neutral Confidence rating.
IDIQ awards will be made to those concerns, (1) whose quotes are technically acceptable and (2) whose technical/price relationships are the most advantageous to the Government. The critical factor in making any technical/price trade-off is not the spread between the technical ratings, but rather what is the significance of that difference. The significance of the spread will be determined on the basis of what that difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made to that concern submitting the lowest proposal. Also, award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make technical/price trade-offs that are in the best interest and to the advantage of the Government. The actual number of IDIQ contracts awarded will be determined based upon the criteria below.
Factor 1: Bonding Submit a letter from a bonding agency stating that the Quoter can secure bonding in the amount of at least $150,000 for a single project and $500,000 in aggregate. An actual bond is not required to be submitted with this solicitation submission only proof of bonding ability is required at this time. Bonding company must be certified under the Bureau of Fiscal Service list: https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html.
Factor 2: Technical Approach to Performing the Work:
Provide a narrative describing the Offeror’s approach for meeting the requirements stated in the Request for Quote’s Att. 5 Description_Specifications_Statement of Work for Task Orders. Describe the Offeror’s approach to managing employees (including subcontractors) to promote quality and timely performance. The narrative shall explain how the Offeror will manage and successfully complete multiple projects across the Green Mountain National Forest.
The technical approach narrative shall be Times New Roman 11 font (minimum) and limited to two (2) double-sided 8.5” x 11” page (or four (4) single-sided 8.5” x 11” pages) and up to one (1) additional page for the organizational chart.
Factor 3: Experience Submit a minimum of three (3) and a maximum of five (5) relevant construction or service projects in which the Quoter has completed (either as a prime or sub-contractor) that best demonstrates the Offeror’s experience on projects that are similar in size, scope, and complexity to the Request for Quote (RFQ).
For the purpose of this evaluation, relevant projects will include road maintenance and construction projects valued at $50,000 or more and completed within the past five (5) years of the issue date for this RFQ.
A project is defined as a construction or service project performed under a single task order or contract. For IDIQ type contracts, the contract as a whole shall not be submitted as a project; rather Quoters shall submit the work performed under a task order as a project.
The attached Experience Project Data Sheet is MANDATORY and SHALL be used to submit project information. See Att. 3 Experience Project Data Sheet 250505. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the RFQ, Att. 4 Description_Specifications_Statement of Work for Task Orders Scope of Contract.
Except as specifically requested, the Government will not consider information submitted in addition to this form. Do not alter the Experience Project Data Sheet except for expanding the individual blocks on this form; however, total length for each project data sheet shall not exceed one (1) double-sided 8.5” x 11” page (or two (2) single-sided 8.5” x 11” pages) and shall be Times New Roman 11 font (minimum).
Factor 4: Past Performance For each project included in the Experience Criteria, provide either a completed Contractor Performance Assessment Reporting System (CPARS) Assessment Report or a completed Past Performance Questionnaire (PPQ). See Att. 2 Past Performance Questionnaire 250505.
If the Quoter is unable to obtain a completed PPQ from a reference before the Request for Quote (RFQ) closing date, the Quoter should complete pages one and two of the PPQ providing contractor, contract, and reference information and submit with the quote, for the respective project(s). The Government may make reasonable attempts to contact the reference to obtain the PPQ information. However, Quoters should follow-up with reference to help ensure timely submittal of questionnaires. If the reference requests, questionnaires may be submitted directly to the Government’s point of contact, debra.brinn@usda.gov.
Offerors shall not include PPQs previously submitted for other RFQs or RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information for past performance evaluation.
For each project included in the Experience Criteria provide a narrative describing any problems encountered and the corrective actions taken. Offerors shall also address any adverse past performance issues. The past performance narrative shall be Times New Roman 11 font (minimum) and shall not exceed two (2) double-sided 8.5” x 11” pages (or four (4) single-sided 8.5” x 11” pages) in total.
The Government reserves the right to contact references for verification or additional information. The government’s inability to contact any of the Quoter’s references or the reference’s unwillingness to provide the information requested may impact the past performance evaluation. Submitting only performance award or additional information is not acceptable.
Other Information - Include any other information as needed for the solicitation.
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation 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 solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
General Instructions. Each of the parts shall be separate and complete. Quotes submitted in response to this solicitation shall be furnished as specified below:
The Quotes must include the following:
| a. | A cover sheet showing the following company information, SAM UEI number, name of person submitting quote and their signature. |
| b. | Acknowledgement of solicitation amendments (if any). This can be accomplished by submitting the signed SF-30(s) or including a statement on the cover page listing all amendments acknowledged. |
| c. | A letter from the surety stating bonding capacity |
d. Technical Approach
| e. | Att. 2 Past Performance Questionnaire 250505 |
| f. | Att. 3 Experience Project Data Sheet 250505 |
| g. | Att. 6 Road Maintenance TO - Schedule of Items 250505 for Seed project 1 |
| h. | Att. 10 Road Repairs TO - Schedule of Items 250505 for Seed project 2 |
Schedule and Deadlines:
Site Visit: An organized site visit is not scheduled. Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
Period for acceptance of offers.
The Quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.
Questions Questions shall be submitted via email to debra.brinn@usda.gov and are due no later than May 12, 2026, at 1:00 PM Eastern Time. This will ensure enough time to respond before the solicitation period ends. The government reserves the right to disregard any questions submitted after this date and time. Please include the solicitation name and number as the subject line of the email.
Quotes Due: 19 May 2026 - 1300 Eastern. All quotes shall be received by email to debra.brinn@usda.gov
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality | Agreements or Statements-Representation (Jan 2017) |
| 52.240-90 | Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) |
The following provisions are applicable if checked:
| ☒ 52.203-11 | Certification and Disclosure Regarding Payments to Influence Certain Federal | Transactions (Sep 2024) |
| ☒ 52.204-7 | System for Award Management—Registration (Nov 2025) |
☐ Alternate I (Nov 2025) to 52.204-7
| ☐ 52.204-90 | Offeror Identification (Nov 2025) | |||
| ☐ 52.207-6 | Solicitation of Offers from Small Business Concerns and Small Business Teaming | Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) | ||
| ☐ 52.209-12 | Certification Regarding Tax Matters (Oct 2025) | |||
| ☐ 52.219-2 | Equal Low Bids (Nov 2025) | |||
| ☒ 52.222-18 | Certification Regarding Knowledge of Child Labor for Listed End Products (Feb | 2021) | ||
| ☐ 52.222-48 | Exemption from Application of the Service Contract Labor Standards for | Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) | ||
| ☐ 52.222-52 | Exemption from Application of the Service Contract Labor Standards for Certain | Services-Certification (Nov 2025) | ||
| ☐ 52.222-56 | Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) | |||
| ☒ 52.223-4 | Recovered Material Certification (May 2008) | |||
| ☒ 52.225-2 | Buy American Certificate (Oct 2022) | |||
| ☒ 52.225-4 | Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) | |||
| ☒ 52.225-6 | Trade Agreements-Certificate (Feb 2021) | |||
| ☐ 52.226-3 | Disaster or Emergency Area Representation (Nov 2007) | |||
| ☐ 52.229-11 | Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) |
Other Applicable FAR Provisions
| 52.217-5 | Evaluation of Options (Nov 2025) |
| 52.225-10 | Notice of Buy American Requirement - Construction Materials (May 2014) |
| 52.233-2 | Service of Protest (Sep 2025) |
AGAR Provisions
452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)
(a) By submission of its offer, the offeror certifies that:
1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.
(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.
(End of Provision)
NOTICE FOR FILING AGENCY PROTESTS
United States Department of Agriculture (USDA) Ombudsman Program
The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO).
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .