Attachment 1- SOW and SF1442-12639524Q0248-Trailer Demo.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA APHIS

250 MARQUETTE AVE

SUITE410

MINNEAPOLIS MN 55401

APHIS-MN-126395

Amanda.Imlach@usda.gov

AMANDA IMLACH 978-770-3634

108/14/2024

12639524Q0248

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

Camp Trailer Demolition

This solicitation is set aside for small business concerns only. Any offer submitted by other than a small business will not be considered for award.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

09/13/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA APHIS

250 MARQUETTE AVE

SUITE410

MINNEAPOLIS MN 55401

APHIS-MN-126395

JAMES G. ROLOFF

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12639524Q0248

DUNS Number: Not Available

This solicitation will result in a firm-fixed price construction contract. Work shall be performed in accordance with the statement of work.

Delivery: 60 Days After Notice to Proceed

Delivery Location Code: APHIS-VS-7DF6

USDA APHIS VS TICK OFFICE (WEBB COU

7209 E SAUNDERS SUITE 4

LAREDO TX 78041 US

Period of Performance: 09/23/2024 to 11/22/2024

0001 Camp Trailer Demolition

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

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

Sponsored by GSA

FAR (48 CFR) 53.110

United States Department of Agriculture (USDA) Animal and Plant Health Inspection Services (APHIS)

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

Attachment 1: Statement of Work (SOW)

1.0 Project Background:

The Cattle Fever Tick Eradication Program (CFTEP) is charged with controlling the spread of the Cattle Fever Ticks (CFT) that can infect cattle with bovine babesiosis. This infection can lead to a negative impact on the cattle business and result in an infestation of local ranches. CFT are not exclusive to cattle. These ticks have also found suitable hosts in white-tailed deer and several exotic ungulates including nilgai antelope.

United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services Cattle Fever Tick Eradication Program (CFTEP) employees monitor the southern border of Texas, capturing stray livestock and maintaining a Permanent Quarantine Zone (PQZ) for control of the cattle fever tick from Mexico. Employees routinely transport livestock to holding pens for diagnostic testing, dipping, owner contact, and transportation to auction markets if needed. The PQZ encompasses seven county offices and over 600 miles along the southern border of Texas.

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

1.1 Price Schedule

Line Item

Number Description Unit Price

Camp Trailer Demolition

• Demolish, remove and dispose of 14ft by 60ft mobile home at Apache Camp.

EA

• Remove and dispose of all trailer axles, wheels, tires, hitches, rock anchors, metal straps, jacks, concrete blocks, staircases and pvc piping.

EA

• Remove and dispose of outside air conditioning unit and piping. EA

• Remove and dispose of portable water pump, poly water tank and shed.

EA

• Demolish, remove and dispose of radio repeater shed and tower. EA

• Demolish, remove and dispose of portable propane tank. (approx.

1,000 gallon size)

EA

• Demolish underground plastic septic tank and back-fill with dirt. EA

• Remove and dispose 1-inch pvc line (approx. 80 feet) running atop fence line from water tank shed to main gate.

EA

• Remove and dispose of radio antennae attached to the mobile home. EA

• Remove all debris daily or, depending upon the volume of the debris, at least weekly so that it does not pose a safety hazard.

EA

Total Estimated Price

1.2 Location:

Briscoe Apache Ranch – Webb County, TX. Approximately 30 miles from State Hwy 255 (northwest along Mines Road).

1.3 Type of Contract:

The awarded action will be a firm-fixed price construction contract.

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

Attachment 1: Statement of Work (SOW)

1.4 Period of Performance:

The Contractor must commence work within ten (10) calendar days after receiving the notice to proceed and complete the entire work no later than 60 days after receiving the notice to proceed.

1.5 Work Hours:

Regular work hours for the site are 7:00am to 4:30Ppm CDT, Monday through Friday, excluding Government holidays. Requests for exceptions to this schedule must be made in writing forty-eight (48) hours in advance and approved by the

COR.

1.5.1 Work Outside Regular Work Hours:

Work scheduled outside regular work hours including late hours, Saturdays, Sundays, and Government holidays requires COR approval in advance. Make application to the COR at least 5 calendar days prior to such work to allow arrangements to be made by the Government for access to the work area and inspection & monitoring arrangements. Requests must include the exact dates, hours, location, and purpose of the exception. If approved, the COR will coordinate access to the site.

1.6 Government Contacts:

1.6.1 APHIS Contracting Personnel

The Contracting Officer (CO) and Contracting Specialist (CS), acting within the scope of this contract and his/her authority, are the only individuals that can make changes to contract pricing, quality, quantities, and delivery terms.

APHIS Contracting Officer (CO) James Roloff Contracting Officer

USDA APHIS MRPBS AAMD

Phone: 612-590-7603 Email: james.g.roloff@usda.gov

APHIS Contracting Specialist (CS) Amanda Imlach Contracting Specialist

USDA APHIS MRPBS AAMD

Phone: 978-770-3634 Email: Amanda.Imlach@usda.gov mailto:james.g.roloff@usda.gov mailto:Amanda.Imlach@usda.gov

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

1.6.2 Contracting Officer Representative (COR)

Troy Trevino

Management Analyst CFTEP Director’s Office 120 San Francisco Ave.

Laredo, Texas 78040 Cell No.: (956) 265-4708 Email: troy.trevino@usda.gov

1.6.3 Program Manager

John Picanso Director -CFTEP 903 San Jacinto Blvd, STE 220 Austin, TX 78701 Cell No.: (301) 887-7068 Email: John.Picanso@usda.gov

PROJECT DESCRIPTION:

2.0 Demolition Specifications: Figures are provided in Attachment 3.

2.0 a Demolish, remove and dispose of 14ft by 60ft mobile home at Apache Camp.

(Attachment 3- Figure 1, 2, 3, 4, 5, 6, 7)

2.0 b Remove and dispose of all trailer axles, wheels, tires, hitches, rock anchors, metal straps, jacks, concrete blocks, staircases and pvc piping. (Attachment 3- Figure 1, 2, 3, 4, 5, 6, 7)

2.0 c Remove and dispose of outside air conditioning unit and piping. (Attachment 3-

Figure 8)

2.0 d Remove and dispose of portable water pump, poly water tank and shed.

(Attachment 3- Figure 9, 10, 14)

2.0 e Demolish, remove and dispose of radio repeater shed and tower. Tower is approximately 150’ tall and is secured with guy-wires. (Attachment 3- Figure 18, 19, 20, 21)

2.0 f Demolish, remove and dispose of portable propane tank. (approx. 1,000 gallon size) (Attachment 3- Figure 11)

2.0 g Demolish underground plastic septic tank and back-fill with dirt. (Attachment 3-

Figure 12, 13)

• Contractor must excavate sanitary sewer lines. If the sewer tank is connected mailto:troy.trevino@usda.gov mailto:John.Picanso@usda.gov

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248 to water lines that are found to be active then Contractor must cut and cap the lines. Contractor must then remove and dispose of the sewer lines.

• All excavated areas are to be filled with dirt.

2.0 h Remove and dispose 1-inch pvc line (approx. 80 feet) running atop fence line from water tank shed to main gate. (Attachment 3- Figure 16, 17)

2.0 i Remove and dispose of radio antennae attached to the mobile home. (Attachment

3- Figure 15)

2.0 j Remove all debris daily or, depending upon the volume of the debris, at least weekly so that it does not pose a safety hazard. Any load/delivery tickets for debris removed from site must be kept and turned over to COR at the end of the project.

3.0 Coordination Requirements

• Coordinate schedule and operations with COR in advance.

• Coordinate use of premises under direction of the COR. Contractor must confine equipment, storage of materials and equipment and operations of workers to areas permitted by law, ordinances, permits, or requirements of contract documents, and must not unreasonably encumber premises with construction equipment or other material or equipment.

o Assume full responsibility for protection and safekeeping of items under this agreement, stored on site.

o Move any stored items, under contractor’s control, which interfere with operations of owner or other contractors.

o Obtain and pay for use of additional storage or work areas needed for operations.

• Coordinate with COR in all construction operations to minimize conflict, and to facilitate owner usage. Contractor must always conduct its operations as to ensure least inconvenience to owner.

4.0 Safety Requirements

The Contractor must provide proper safety equipment to workmen and always ensure a safe environment for employees and the public. The Contractor must work to ensure free, unobstructed, and safe access to and about the work area.

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

5.0 Regulatory Requirements:

The Contractor must comply with the latest editions of national codes and regulations including federal, state, and local laws when performing the work outlined in this Statement of Work. This includes, but is not limited to, the following:

• 29 CFR Part 1910 Occupational Safety and Health Standards

• 29 CFR Part 1926 Safety and Health Regulations for Construction

• Public Law 100-678

• International Building Code (IBC)

• National Life Safety Code

• Occupational Safety and Health Administration Regulations (OSHA)

• Environmental Protection Agency (EPA)

• Trade practices:

1. American Congress on Surveying and Mapping (ACSM) Land Title Surveys

2. National Society of Professional Surveyors (NSPS)

3. American Land Title Association (ALTA). Minimum Standard Detail

Requirements

5.1 Permits:

Contractor must obtain permits if any are required by state or local laws to perform the tasks outlined in this Statement of Work.

5.2 Compliance with Local Building Officials:

If review or approval by Local Building Officials is required for any of the work being performed in this order, the Contractor must work with the Local Building Officials to obtain their review or approval.

6.0 Deliverables

Item

Number Description Due Date

0001 Completion of Demolition and Back-Fill

60 Days After

Notice to Proceed

7.0 Government Furnished

The Government will ensure that the electrical power to the trailer has been disconnected.

The Government will not provide any other material, equipment, services, or facilities for this action.

https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1910 https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

8.0 Contractor Furnished

The Contractor must provide all expertise, labor, supervision, services, equipment, tools, supplies, materials, safety equipment, permits, licenses, transportation, disposal cost, and incidentals as necessary to demolish and dispose the trailer and meet the specifications outlined in the statement of work.

The contractor must take all precautions necessary to not damage the surrounding area. If the area is damaged by the Contractor’s work, the Contractor must furnish all expertise, labor, supervision, services, equipment, tools, supplies, materials, safety equipment, and transportation costs to fix the area.

8.1 Temporary Facilities

• Utilities: The Contractor is responsible for any equipment, power generations, water etc. needed to perform and complete the work.

• Telephones: Telephones: The Contractor must equip all his foremen and work leaders with cell phones as necessary to coordinate the work effort.

• Toilet Facilities: A temporary toilet facility must be provided by the Contractor.

Service of the toilet facility must be the responsibility of the Contractor.

• Dumpster/Roll-off: The Contractor may locate a dumpster/roll-off to the site.

Location and services must be coordinated with the COR.

9.0 Invoices

Invoices shall be submitted through the Invoice Processing Platform (www.ipp.gov). Payments will be made according to the firm-fixed unit price established in the Price Schedule.

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

10.0 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 the clauses may be accessed electronically at these addresses: http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE DATE

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2021

52.219-1 Small Business Program Representations Mar 2020 52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.219-28 Post-Award Small Business Program Rerepresentation Feb 2024 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding Of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance With Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts May 2024

52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-27 Prompt Payment for Construction Contracts Apr 1984 http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

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 52.236-7 Permits and Responsibilities Nov 1991 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes Jun 2007 52.249-1 Termination for Convenience of the Government (Fixed-Price)

(Short Form) Apr 1984

452.204-70 Modification for Contract Closeout Deviation Jul 2022

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 ten (10) 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 60 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other than Commercial Items) (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C.3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L.

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (FEB 2024).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/uscode/19/3805 https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix) https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) ( 42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.110(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://www.govinfo.gov/link/uscode/42/11001 https://www.govinfo.gov/link/uscode/42/11001 https://www.govinfo.gov/link/uscode/42/13101 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/23.109#FAR_23_109 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

(xviii)

(A) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance.

Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302- 5(d)(4). ])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/19.502-2#FAR_19_502_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.204-21#FAR_52_204_21

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b.

origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) 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):

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29 https://www.acquisition.gov/far/52.247-34#FAR_52_247_34 http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248 termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

FAR 52.225-9 Buy American—Construction Materials (Oct 2022)

(b) Definitions. As used in this clause—

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

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

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

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

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

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

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

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

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

FAR 25.105.

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

Domestic construction material means—

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

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

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

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

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

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

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

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

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

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).

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

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

VS CFTEP Apache Camp Trailer Demo Webb County, TX Solicitation Number: 12639524Q0248

None

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

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

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

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

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

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

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

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

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no…