C04 Attachment 1 - Solicitation Greenough CG.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1171378

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

Judith Martin

Email quotes to PPS.proposals@usda.gov

JUDITH MARTIN 208-346-1875

GAOA

07/16/2026

127EAX26Q0055

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

GAOA Greenough Campground Reconstruction, Custer-Gallatin National Forest. See attached Schedule of Items.

All Contractors must be registered in the System for Award Management (www.SAM.gov) at time of submission of a quote. Contractors are responsible for following all submission instructions and to ensure delivery of all required documents by the date and time set for receipt of quotes or any Amendment that extends the receipt date.

This acquisition is set-aside for small business concerns. The applicable North

American Industry Classification System Code is 237990. The small business size standard is $45 Million. This acquisition is a total Small Business set-aside. All responsible sources may submit a quotation which will be considered by the agency.

- Proposal Evaluation and Basis for Contract Award: Starts on Page 33

- Quotation/Proposal Submittal Requirement: Starts on Page 36

- Bid Guarantee (FAR 52.228-1): 20% required if quote is in excess of $150,000.

The SF-24 shall be used for Bid Bonds - https://www.gsa.gov/reference/forms/ bid-bond

- Price Range: Between $1,000,000 and $5,000,000

KEY DATES

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 283 calendar days and complete it within ________________ ________________ calendar days after receiving

Technical Data

08/14/2026

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

KRISTIN M. PEARCE

28. NEGOTIATED AGREEMENT 29. AWARD

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.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX26Q0055

- Questions: See Page 38

- Date, Time and Place Quotes are Due: See Page 35 Delivery: 06/30/2027

Delivery Location Code: 0398

USDA FOREST SERVICE

CUSTER GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715 US

Period of Performance: 09/21/2026 to 06/30/2027

0001 GAOA Greenough Campground Reconstruction Base

Item (Item 0001)

0002 GAOA Greenough Campground Reconstruction Option A

New Loop (Item 0002)

(Option Line Item)

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

0003 GAOA Greenough Campground Reconstruction Option B

Well Drilling (Item 0003)

(Option Line Item)

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

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

Sponsored by GSA

FAR (48 CFR) 53.110

GAOA Greenough Lake Campground Reconstruction

RFQ 127EAX26Q0055

Attachment 1 - Solicitation Terms and Conditions

(GAOA) Greenough Lake Campground Reconstruction Beartooth Ranger District

Custer-Gallatin National Forest Carbon County, Montana

STATEMENT OF REQUIREMENT

The work shall be performed on Greenough Lake Campground and associated roads and trails.

Work shall include:

Staking by the Contractor (includes all road, trail, spur, aggregate, culvert, paving and general staking required to complete the contract).

Staking by the Government (only will include horizontal layout of living spaces, tent pads, toilets, well, and signs).

Clearing and Grubbing Removal of Construction Items Excavation Grading Aggregate Placement Paving Chip Sealing Culvert Installation Fishing Pier Construction Concrete Vault Toilet Installation Bulletin Board Construction Well Drilling according to DEQ requirements Picnic Table, Fire Ring, and Bear Box Installation Equipment Rental

The Government will stake the horizontal locations of living spaces, tent pads and camp living space items (fire rings, tables, and bear boxes); however, it is the Contractor’s responsibility to protect and reestablish all construction staking during the project.

SCHEDULE OF ITEMS/PRICE SCHEDULE

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

See Attachment 2 – SOI Greenough Lake Campground Reconstruction. Contractors must submit pricing for ALL line items listed in Attachment 2 - Schedule of Items. The completed Attachment 2 must be included in the Contractor’s Price Quote.

Definitization of Equitable Adjustments for Change Orders

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 Contracting with USDA | USDA.

USDA's procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in AGAR 443.304-70.

TECHNICAL DATA

(a) Attachments

See separate attached documents. The following attachments are a part of this solicitation and any resulting contract.

Attachment No

Description Page(s)

2 Schedule of Items (SOI) Greenough Lake Campground Reconstruction

3 FP 14 Forest Service Supplemental Specifications (FSSS) Greenough Lake Campground

4 DEQ Well Spec for Greenough Lake Campground 17 5 Plans/Drawings Greenough Lake Campground

Reconstruction

6 DBA WD MT20260065, Carbon County, 05/18/26 6

(b) Specifications

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, U.S. Customary Units (FHWA-FLH-14-002) are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Supplemental Project Specifications (FSSS) amend or supplement the standard specifications. The Supplemental Project Specifications are included as a separate attached document and are a part of this solicitation and any resulting contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at https://highways.dot.gov/federal-lands/specs/fp-

Additional Guides Referenced in Specifications or Drawings:

FS Outdoor Recreation Accessibility Guidelines (FSORAG) -https://www.fs.usda.gov/managing-land/national-forestsgrasslands/accessibility/resources

Sign and Poster Guidelines for the FS - https://www.countryclassicinc.com/EM-7100-15- Guidelines.pdf

NOTE: Contractors are cautioned to carefully review these Project Specifications prior to submission of quotes. All specifications contained in Attachments are binding on the parties signing the contract.

(c) Start Work

It is estimated that work will begin on September 21, 2026.

(d) Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract within 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 June 30, 2027.

The time stated for completion shall include final cleanup of the premises.

It is anticipated to chip seal in June to meet project specifications for temperature.

The Contractor shall supply a work schedule before starting the project. The Contractor shall notify to Contracting Officer a minimum of 48 hours in advance of changes in the work schedule. The Contractor may work Monday through Friday during daylight hours, excluding legal holidays unless approved in writing by the CO.

(e) Government-furnished Property

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

Government borrow sources are available for the Contractor for use but are not required to be used. Borrow sources will be located within 8 miles of the project. Contractors may choose to use private borrow sources at their own expense.

The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

(f) Noxious Weed Control

All equipment used on the site shall be cleaned and inspected off National Forest land, in accordance with Section 151, prior to its arrival on the site. The equipment must be 1) free of all mud, seeds, plants, and plant fragments; and 2) free of oil, fuel, or toxic leaks that would wash off into the water. Only construction equipment inspected by the Contracting Officer Representative will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in. Notify the Contracting Officer Representative 48 hours in advance of mobilizing equipment to the site to arrange an inspection.

(g) Fire Safety

Minimum requirements:

Chainsaw operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1-pound dry chemical with a 4BC or higher rating.

Vehicles and equipment, mobile or stationery, with a combustion engine/motor used for

Contractor’s Operations must have one operable, dry-chemical fire extinguisher with a minimum 2.5 pound capacity and 4BC or higher rating.

Contractors’ Operations must have one serviceable shovel or Pulaski with each vehicle and equipment with an internal combustion engine/motor, mobile or stationary.

Spark Arresters: All internal combustion engines must be equipped with an approved and effective spark-arresting system, as established in the National Wildfire Coordinating Group’s Spark Arrester Guides. Spark-arresting devices must be marked, properly installed, and maintained in accordance with the Guides. The following vehicles are exempt:

Automobiles and light trucks of less than 23,000 GVW when all exhaust gases pass through a properly installed and maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with glass-pack mufflers do not qualify for the exemption.

Heavy-duty trucks of 23,000 GVW or greater, with a muffler and vertical stack exhaust system extending above the cab.

Vehicles with other spark-arresting systems providing equal or increased effectiveness.

Such vehicles must be inspected and have written authorization from the recognized fire protection agency.

(h) Use of Roads by the Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

The Contractor will be required to coordinate construction activities with other contractors that may be working in the area. The Contractor shall work to not interfere with other contractor’s work. The contractor shall be required to perform post project road maintenance on any road used during the course of construction including access routes.

(i) Traffic Control and Safety

Traffic Control and site safety shall be the sole responsibility of Contractor.

o Project is scheduled such that period of performance generally aligns with when campground is closed to the public.

o All road and traffic related signing shall be in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD).

o Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barriers. Signing shall meet MUTCD Standards and advise the public of the work being done.

o Perform work in a manner that ensures the safety and convenience of the public and protects the residents and property adjacent to the project. Accommodate public traffic on roads adjacent to and within the project until the project is accepted.

o Road shall remain open except for when closure is required to complete the work during the project unless otherwise approved by the CO.

(j) Security and Protection

Security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection. The Contractor shall be responsible for the loss or damage to materials stored on Forest Service lands or elsewhere.

(k) Existing Utilities

The Contractor is responsible for location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractors expense.

o Contact One Call prior to any ground disturbance.

(l) Erosion and Sediment Control

Prior to the start of construction, obtain CO Approval of a written Dewatering and Erosion Control Plan prepared in accordance with Section 157. The Custer Gallatin National Forest requires all work to meet federal and state best management practices. Do not begin work until the necessary controls for that particular phase of work have been implemented.

State of Montana- https://dnrc.mt.gov/_docs/forestry/BMP.pdf State of South Dakota- https://danr.sd.gov/Conservation/Forestry/docs/Forestry-

BMP.pdf Land Management Plan- Custer Gallatin National Forest

(m) Staging, Storage and Stockpiling of Equipment and Materials

Comply with Section 105. The Contractor will be allowed to store materials at the project site only at CO approved locations. The Contractor shall be solely responsible for the loss of or damage to materials stored on Forest Service lands or elsewhere. immediately adjacent to work areas and on previously disturbed ground. Staging and parking is not allowed on undisturbed ground unless approved by CO.

(n) Salvage Rights

All timber shall be cut and decked as designated locations. All picnic tables, fire rings, concrete wheel stops shall be salvaged and will remain property of the Forest Service.

Contractor shall load haul and offload all materials to the Rock Creek Work Center near Red Lodge.

(o) Protection of Resources

The Contractor shall confine all operations areas authorized or approved by the CO and shall not deposit rocks, excavated materials, or other debris outside of these limits.

o Comply with Section 107 and all Montana Department of Natural Resources &

Conservation (DNRC) regulations, including Forest Fire Regulations established by the DNRC Division of Forestry.

o If a previously unidentified archeological or historic site is encountered, the

Contractor shall immediately discontinue work in the general area of the site and notify the CO immediately.

o To the extent possible, Whitebark Pine trees of all size classes shall be protected from damage.

o Location of stockpiles shall be approved by Forest Service personnel and shall not be placed over five-needled pines whenever possible.

(p) Water

There is no potable water available on this job. Contractor shall be responsible for all water including water for construction. Screens are required on all stream drafting intakes. Drafting locations and intake placement on Forest lands shall be approved by CO.

(q) Camping

Camping is not permitted on the site unless approved in writing by the CO

(r) Food Storage

All food, beverages, etc. must be stored unavailable to animals, including bears, at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, livestock or pet food, toothpaste, lip balm, etc... They must be hung at least 10-feet off the ground and 4 feet from any vertical support or stored inside a bear resistant container or vehicle. Cars, pickup cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

(s) Toilet Facilities

The Contractor shall supply portable toilets to the project. The toilets shall be staked down to prevent overturning during high winds. Alternatively, the contractor may propose to utilze the existing toilet under the conditon that is is properly emptied and cleaned as needed or at the conclusion of the contract.

(t) Cleanup and Disposal

The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands.

Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

(u) Submittals

Submittals include Work Schedule, Materials specifications, and Safety Plan. Submit to the CO one week prior to starting work. The Contractor shall regularly update the Work Schedule and provide project specific submittals as required by FSSS and FP-14.

(v) Biobased Product Utilization

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Adhesive & Mastic Removers Composite Panels Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings Penetrating Lubricants Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Cleaners Sorbents Floor Finish Sealers Floor Stripper Composite Panels Insulating Foam Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

(w) Special Contract Requirements

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.

(x) Site Superintendent

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

· Executed Copy of the Contract

· Contract Drawings

· Contract Specifications

· Quality Control Plan – (up to date)

· As-Built Drawing – (up to date) if required

· Work Orders

· Modifications

· Weekly Progress Summary

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

(y) Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of award.

The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

(z) Invoicing

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

(aa) Pre-Final and Final Inspection

1. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

2. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

FEDERAL ACQUISITION REGULATION (FAR) AND UNITED STATES

DEPARTMENT OF AGRICULTURE 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.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting Officers will rely on representations from Contractors based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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.

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services

(NOV 2025)

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 (JUN 2025) ☐ FAR 52.243-5, Changes and Changed Conditions (JUN 2025)

FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.222-50 Combating Trafficking in Persons (NOV 2025) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-3 Protest after Award (SEP 2025)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (SEP 2025) FAR 52.240-91 Security Prohibitions and Exclusions (NOV 2025) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV

2025) FAR 52.253-1 Computer Generated Forms (NOV 2025)

The following clauses are applicable:

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.204-13 System for Award Management - Maintenance (NOV 2025) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (SEP 2025)

FAR 52.209-9 Updates to Publicly Available Information Regarding Responsibilities Matters (SEP 2025)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (SEP 2025)

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2025) FAR 52.219-8 Utilization of Small Business Concerns (NOV 2025) FAR 52.219-14 Limitations on Subcontracting (NOV 2025)

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

FAR 52.222-3 Convict Labor (NOV 2025) FAR 52.222-35 Equal Opportunity for Veterans (NOV 2025) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (NOV 2025) FAR 52.222-37 Employment Reports on Veterans (NOV 2025) FAR 52.222-40 Notification of Employee Rights Under National Labor Relations Act

(NOV 2025)

FAR 52.222-54 Employment Eligibility Verification (NOV 2025) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (NOV 2025) FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(NOV 2025)

FAR 52.223-3 Hazardous Material Identification and Safety Data (NOV 2025) Alt I

(NOV 2025)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-23 Sustainable Products (NOV 2025) FAR 52.227-1 Authorization and Consent (JUN 2020)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

FAR 52.229-3 Federal, State, and Local Taxes (JUL 2025) FAR 52.229-12 Tax on Certain Foreign Procurements (Jul 2025) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.233-1 Disputes (SEP 2025) Alt I (SEP 2025) FAR 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (NOV

2025)

The Contractor shall comply with the following FAR Clauses for Commercial Construction:

FAR 52.222-6 Construction Wage Rate Requirements (NOV 2025) FAR 52.222-7 Withholding of Funds (NOV 2025) FAR 52.222-8 Payrolls and Basic Records (NOV 2025) FAR 52.222-9 Apprentices and Trainees (NOV 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (NOV 2025) FAR 52.222-11 Subcontracts (Labor Standards) (NOV 2025) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (NOV 2025) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.236-5 Material and Workmanship (JUL 2025)

The following construction clauses are applicable:

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(NOV 2025)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds - Construction (JUN 2020) FAR 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021) FAR 52.236-2 Differing Site Conditions (JUL 2025) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (JUL 2025) FAR 52.236-6 Superintendence by the Contractor (JUL 2025) FAR 52.236-7 Permits and Responsibilities (JUL 2025) FAR 52.236-8 Other Contract (JUL 2025)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (JUL 2025)

FAR 52.236-10 Operations and Storage Areas (JUL 2025) FAR 52.236-11 Use and Possession Prior to Completion (JUL 2025) FAR 52.236-12 Cleaning Up (JUL 2025) FAR 52.236-13 Accident Prevention (JUL 2025) Alt I (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (JUL 2025) FAR 52.236-15 Schedules for Construction Contracts (Jul 2025) FAR 52.236-17 Layout of Work (JUL 2025) FAR 52.236-21 Specifications and Drawings for Construction (JUL 2025) Alt I (APR

1984) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-14 Suspension of Work (APR 1984) FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2025)

Full Text Clauses:

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 90 Calendar days from Notice to Proceed date.

FAR 52.225-9 Buy American Act-Construction Materials (NOV 2025)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether 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

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

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars)*

Item 1:

Foreign construction material.

Domestic construction

Item 2:

Foreign construction

Domestic construction

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

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

[Include other applicable supporting information.]

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR Clauses Incorporated by Full Text:

AGAR 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (MAY 2026)

(a) By entering into this contract, the contractor certifies that:

1. 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.

2. 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…