C04 Attachment 1 - Solicitation Red Canyon Paving.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)

1170577

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

Judith Martin

Email quotes to PPS.proposals@usda.gov

JUDITH MARTIN 208-346-1875

106/26/2026

1240LT26Q0082

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

GAOA Red Canyon Corridor Paving, Ashley National Forest.

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.

- Proposal Evaluation and Basis for Contract Award: Starts on Page 31

- Quotation/Proposal Submittal Requirement: Starts on Page 34

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

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

- NAICS: 237310. The small business size standard is $45 Million

KEY DATES

- Organized Site Visit: See Page 33

- Questions: See Page 36

- Date, Time and Place Quotes are Due: See Page 33

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Technical Data

07/24/2026

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 INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

KELLIE J. SHAW

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 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT26Q0082

Delivery: 12/14/2026

Delivery Location Code: 84A1

USDA FOREST SERVICE

PO BOX 279

MANILA UT 84046

MANILA UT 84046 US

Period of Performance: 08/17/2026 to 12/14/2026

0001 Base Bid Red Canyon Road Paving, Ashley National

Forest. See Schedule of Items.

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

0002 Option Item Red Canyon Road (Greens Lake

Campground reconstruction), Ashley National

Forest. See the Schedule of Items.

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

Sponsored by GSA

FAR (48 CFR) 53.110

GAOA Red Canyon Corridor Paving

RFQ 1240LT26Q0082

Attachment 1 - Solicitation Terms and Conditions

(GAOA) Red Canyon Corridor Paving Flaming Gorge Ranger District

Ashley National Forest Daggett County, Utah

STATEMENT OF REQUIREMENT

(a) The Ashley National Forest (ANF) Red Canyon Corridor Paving project is part of the ongoing Great American Outdoors Act (GAOA) program. As a part of the program, the project will focus on re-paving key roads along the Red Canyon Corridor.

(b) The work includes the following Base Item work on Forest Road (FR) 095 Red Canyon plus Optional Items for the Greens Lake Campground Reconstruction. Quantities are included in the Schedule of Items.

a. Mobilization

b. Construction Staking

c. Full depth reclamation of existing asphalt

d. 3” asphalt pavement

e. 6” aggregate base replacement on designated section of FR 095

f. Asphalt pathway construction

g. Line striping for parking areas

h. Installation of box culvert

i. Sign installation

j. Dumpster pad installation

k. Demo of existing campground spurs

l. New asphalt construction of new campground spurs

m. Furnish/install culverts

n. Removal of existing culverts

o. Installation of traffic stops for new campground spurs

p. Temporary traffic control

(c) This project is anticipated to have one mobilization; however, this is weather dependent and re-mobilization may be required in the spring.

(d) The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the contractor is to furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in reasonably close conformity with the drawings and specifications, and in accordance with the provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown in the Schedule.

RFQ 1240LT26Q0082

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 Red Canyon Corridor Paving. 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) Red Canyon Corridor Paving

3 FP24 Forest Service Supplemental Specifications

(FSSS)

4 CSI Specification Section - 221100 Water Distribution Systems

5 CSI Specification Section – 312000 Earthwork 11 6 Plans/Drawings 36

7 DBA WD UT20260103, Daggett County, 05/18/26 4

(b) Specifications

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-24, U.S. Customary Units (FHWA-FLH-24-002) 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.

FP-24 PDF Link - https://highways.dot.gov/federal-lands/specs/fp-24

CSI Specification applies to Subitem 0001AX only as referenced in the Schedule of Items

The CSI Specification Section 221100 Water Distribution System and 312000 Earthwork are included as a supplemental document as indicated in (a) Attachments. All line items on Schedule of Items will further be detailed in the “Description of Work” section in all respective specifications.

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 August 17, 2026.

Construction on Forest Road 095 may start in the summer of 2026. Campground reconstruction work in 2026 cannot start before September 15th due to existing campground reservations. There are no restrictions for campground work in the summer of 2027.

(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 120 Calendar Days from the start date on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(e) Project Location

The Ashley National Forest Red Canyon Corridor Paving project is located on the Flaming Gorge Ranger District of the Ashley National Forest, in Daggett County, UT. The project may be reached from the following directions: From the city of Vernal, UT, head north on US-191 for 33 miles, then continue straight onto US-44 N. In 3.4 miles, turn right onto NFSR 095/Red Canyon Road. From the City of Manila, UT, head south on UT-44 for 24.5 miles, then turn left onto NFSR 095/Red Canyon Road.

(f) Work Camps, Staging, and Storage Areas

Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site. Camping may be permitted near the site, but request must be made to the CO if stay will exceed the 14 day limit.

(g) Site Information and Limitations

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

(1) Utilities are not available at the site for construction purposes.

(2) No fuel storage on site is permitted. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.

(3) All construction equipment shall be pressure-washed before entering the Site in compliance with the specifications. The removal of mud and debris from treads, tracks, and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brush guard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations. The contractor shall notify the Contracting Officer 48 hours in advance of mobilizing equipment to the site to arrange an inspection and meet the requirements of FSSS 171 Weed Prevention.

(4) All culvert replacements shall be completed without extended closures. Scheduled delays of approximately 3 hours will be allowed. This may not occur on any weekends or holidays. Contractor shall coordinate this schedule with the CO and COR at least 21 days prior to properly inform the public.

(5) The contractor will be able to utilize the Forest Service Roads; however, the Contractor will be responsible for any damage to the roads due to construction activities. The contractor shall be responsible for obtaining written permission to use all other roads and staging areas.

(h) Traffic Control and Construction Signing

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around.

(i) Inspection of Worksite

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions, including unclassified material for excavation, that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

(j) 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.

(k) Packing and Marking

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

(l) 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 in all official communication starting upon notice of award.

(m) 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. Contractors 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.

(n) 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 52.232-23 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 52.236-17 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 60 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 part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.203-72 Unenforceable Supplier Terms (APR 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement

(EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract shall govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable

Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit

Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

(15) Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine‑tune, improve, or derive any artificial intelligence, machine learning, or automated decision‑making model.

(19) Subjects the Government to automated decision‑making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias‑mitigation consistent with applicable Federal law and policy.

(21) Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement shall bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it shall not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212‑4(d) or FAR 52.233‑1, as applicable.

(j) Arbitration. Binding arbitration shall not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S.