C04 SF1442 - 1240LT27Q0012 - Final.pdf
PDF 411 KB Posted
- Attached to
- Nelson Drive Fuel Tank Removal
- Solicitation number
- 1240LT27Q0012
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Request for Quotation (RFQ) for Nelson Drive Fuel Tank Removal, Solicitation Number 1240LT27Q0012, issued by USDA Forest Service (FS) CSA Intermountain Region. The solicitation is designated as a Total Small Business Set-Aside under NAICS Code 237120 with a size standard of $45.0 million. Quotations are due November 13, 2026 at 5:00 PM MT, with a 90-calendar-day acceptance period. The Contracting Officer is Terri Tucker at terri.tucker@usda.gov, 423-417-1345.
The project involves removal of two 300-gallon steel underground fuel storage tanks at the Nelson Drive housing complex on the Bridger-Teton National Forest in Jackson, Wyoming (350 and 360 Nelson Drive), including cleanup and disposal of contaminated soils, soil testing, backfill, and site grading to existing condition. An optional line item (Item 0002) provides for removal of potentially contaminated soil to an approved facility. The performance period is June 1, 2027 through June 30, 2027. The Government intends to make one firm fixed-price award. Contractors must furnish performance and payment bonds within 10 calendar days of award. The contract will be administered by USDA-FS CSA Intermountain 8, with payment by electronic funds transfer and invoices submitted to the contracting office.
Award will be made to the lowest-priced, technically acceptable quoter, provided the price is fair and reasonable and past performance is acceptable or neutral. Technical acceptability evaluation requires submission of an Experience Questionnaire demonstrating capability in fuel tank removal and disposal, surface restoration, key personnel qualifications, quality control approach, subcontractor identification, and a project-specific quality control plan. All quotations must include pricing for all line items. The solicitation incorporates numerous FAR and AGAR clauses including Buy American-Construction Materials requirements (FAR 52.225-9), Construction Wage Rate Requirements, and Alternative Payment Protections allowing payment bonds, irrevocable letters of credit, tripartite escrow agreements, certificates of deposit, or other approved security at 100 percent of contract price. Questions must be submitted by October 30, 2026 at 5:00 PM MT via email to terri.tucker@usda.gov.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| C04a Schedule of Items 1240LT27Q0012.pdf | ||
| C04b - SOW-SPECS 1240LT27Q0012.pdf | ||
| C04d - WD WY20260041 dtd 6-18-2026 1240LT27Q0012.pdf | ||
| C04e Past Performance Data Sheet 1240LT27Q0012.docx | DOCX document | |
| C04c Experience Questionnaire 1240LT27Q0012.docx | DOCX document |
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Text version
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)
1169501
USDA-FS CSA INTERMOUNTAIN 8
324 25TH ST
OGDEN UT 84401-2310
40LT
Terri Tucker terri.tucker@usda.gov
TERRI TUCKER 423-417-1345
110/23/2026
1240LT27Q0012
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT NAME: Nelson Drive Fuel Tank Removal
PROJECT LOCATION: Bridger-Teton National Forest
The work shall be completed IAW this contract/purchase order, the Statement of
Work/Specs and the other supporting contract/purchase order documents/attachments.
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 30 calendar days and complete it within ________________ ________________ calendar days after receiving
11/13/2026
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
BRIAN J. WHARTON
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 19
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1240LT27Q0012
FOB: Destination
Period of Performance: 06/01/2027 to 06/30/2027
0001 Removal of obsolete fuel tank at housing complex of the Bridger-Teton National Forest. Work includes removal of fuel tank, soil testing, backfill and site grading to existing condition.
0002 Optional Bid Item to remove potentially contaminated soil to an approved facility
(Option Line Item)
POC: Contract Specialist: Terri Tucker terri.tucker@usda.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Nelson Drive Fuel Tank Removal
1240LT27Q0012
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation. Quotations are being requested and a separate written solicitation will not be issued.
Solicitation number 1240LT27Q0012 is issued as a Request for Quotation (RFQ) for Nelson Drive Fuel Tank Removal.
This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 237120. The small business size standard is $45.0M. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.
Statement of Requirement - This project includes the removal of two existing steel underground fuel storage tanks at the Nelson Drive housing complex on the Bridger-Teton National Forest; two 300-gallon steel underground fuel storage tanks associated with two neighboring residential dwellings.
This includes cleanup and disposal of any contaminated soils. Contractor shall field verify all new and existing conditions affecting the work of this contract before ordering products.
Technical Data - Technical data and supporting documentation associated with this solicitation are available through the following sources:
C04a – Schedule of Items 1240LT27Q0012 C04b – SOW – SPECS 1240LT27Q0012 C04c – Experience Questionnaire 1240LT27Q0012 C04d – WD WY20260041 dtd 6-18-2026 1240LT27Q0012 C04e – Past Performance Data Sheet 1240LT27Q0012
Project Location
The project is located in the Jackson Ranger District of the Bridger-Teton National Forest, Teton County, Wyoming, in Section 29, T 36 N, R 117 E. The project site addresses with underground storage tank removal are 350 Nelson Drive and 360 Nelson Drive, Jackson, WY 83001. The additional project site address, with only cast-in-place concrete, Mentioned.
Base Bid Item No. 4 is 290 Nelson Drive, Jackson, WY 83001.
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 under “Federal Acquisition Regulation 36.101-4”. 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.
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 offers 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
52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4
This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:
(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).
(d) Changes. Changes will be handled in accordance with the following FAR clause(s):
☐ FAR 52.243-4, Changes (Nov 2025) ☒ FAR 52.243-5, Changes and Changed Conditions (Nov 2025)
(o) Warranty. FAR 52.246-21, Warranty of Construction is applicable to this contract.
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/policies-regulations
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)
☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025)
☐ Alternate I (Mar 2020).
☐ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)
☐ Alternate III (Nov 2025) of 52.219-9.
☐ Alternate IV (Nov 2025) of 52.219-9
☐ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☐ 52.222-35 Equal Opportunity for Veterans (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-36 ☐ 52.222-37 Employment Reports on Veterans (Nov 2025) ☐ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☐ 52.222-41 Service Contract Labor Standards (Aug 2018) ☐ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage -- Fringe Benefits Aircraft Mechanic $XX.XX
☐ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☐ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☐ 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) ☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☐ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
☐ Alternate I (May 2008) of 52.223-9 ☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☐ 52.223-23 Sustainable Products and Services (Nov 2025) ☐ 52.224-3 Privacy Training (Jan 2017)
☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1 Buy American-Supplies (Nov 2025)
☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)
☐ Alternate II (Nov 2025) of 52.225-3.
☒ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3 ☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.240-92 Security Requirements (Nov 2025)
☐ Alternate II (Nov 2025) of 52.240-92 ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Nov 2025) ☐ 52.242-13 Bankruptcy (July 1995) ☒ 52.246-21 Warranty of Construction (Mar 1994) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
The Contractor shall comply with the following FAR Clauses for Commercial Construction.
52.222-6 Construction Wage Rate Requirements (Nov 2025) 52.222-7 Withholding of Funds (Nov 2025) 52.222-8 Payrolls and Basic Records (Nov 2025) 52.222-9 Apprentices and Trainees (Nov 2025) 52.222-10 Compliance with Copeland Act Requirements (Nov 2025) 52.222-11 Subcontracts (Labor Standards) (Nov 2025) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
(May 2014) 52.222-14 Disputes Concerning Labor Standards (Nov 2025) 52.222-15 Certificate of Eligibility (May 2014) 52.236-5 Material and Workmanship (Jul 2025)
The following clauses are applicable when checked:
☒ 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method (Aug 2018) ☐ 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (Aug 2018) ☒ 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov 2025) ☒ 52.225-9 Buy American-Construction Materials (Nov 2025) ☐ Alternate I (Oct 2022) of 52.25-9 ☐ 52.225-11 Notice of Buy American Requirement-Construction Materials under Trade Agreements (Nov 2025) ☐ Alternate I (Nov 2025) (of 52.225-11 ☐ Alternate II (Oct 2022) of 52.225-11 ☒ 52.228-2 Additional Bond Security (Oct 1997) ☐ 52.228-5 Insurance-Work on Government Installation (Jan 1997) ☒ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) ☒ 52.228-13 Alternative Payment Protections (Jul 2020) ☒ 52.228-14 Irrevocable Letter of Credit (Nov 2014) ☐ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) ☐ 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) ☒ 52.236-2 Differing Site Conditions (Jul 2025) ☒ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025) ☒ 52.236-6 Superintendent by the Contractor (Jul 2025) ☒ 52.236-7 Permits and Responsibilities (Jul 2025) ☒ 52.236-8 Other Contracts (Jul 2025) ☒ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Jul 2025) ☒ 52.236-10 Operations and Storage Areas (Jul 2025) ☒ 52.236-11 Use and Possession Prior to Completion (Jul 2025) ☒ 52.236-12 Cleaning Up (Jul 2025) ☒ 52.236-13 Accident Prevention (Jul 2025) ☐ Alternate I (Nov 1991) of 52.236-13 ☐ 52.236-14 Availability and Use of Utility Services (Jul 2025) ☐ 52.236-15 Schedules for Construction Contracts (Jul 2025) ☐ 52.236-16 Quantity Surveys (Jul 2025) ☐ Alternate I (Apr 1984) of 52.236-16 ☐ 52.236-17 Layout of Work (Jul 2025) ☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025) ☐ Alternate I (Apr 1984) of 52.236-21 ☐ Alternate II (Apr 1984) of 52.236-21 ☒ 52.242-14 Suspension of Work (Apr 1984)
☐ 52.248-3 Value Engineering (Oct 2025) ☐ Alternate I (Apr 1984) of 52.248-3
Other Applicable Clauses
52.217-8 Option to Extend Services (Nov 1999) 52.247-34 F.O.B. Destination (Jan 1991)
AGAR Clauses 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.usda.gov/guidance-documents/acquisition-policy/ocp/usda-agar30-sept-26pdf
AGAR 452.203-70 Unenforceable Supplier Terms (Sep 2026)
AGAR 452.204–70 Modification for Contract Closeout (Apr 2026)
AGAR 452.204‑71 Personal Identity Verification and Workforce Integrity of Contractor Employees (Apr 2026)
AGAR 452.232-71 Progress Payments for Commercial Construction Contracts (May 2026)
AGAR 452.236-70 Electronic Submission of Payment Requests (Sep 2026)
FAR 52.225-9 Buy American-Construction Materials (NOV 2026)
(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) Quoteed 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 quote received, and the low quote 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 quote of foreign construction material that exceeds 55 percent domestic content as a domestic quote and determine whether the cost of that quote 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 quote received, and the low quote is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign quote of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic quote, and determine whether the cost of that quote 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)* Item1
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2 Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ [*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)
52.228-13 Alternative Payment Protections.
(1) As prescribed in 28.102-3(b), insert the following clause:
(2) ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
The Contractor shall submit one of the following payment protections:
Payment Bond Irrevocable Letter of Credit (ILC) Tripartite Escrow Agreement Certificates of Deposit A deposit of the types of security listed in FAR 28.204-1 and 28.204-2
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(3) (End of clause)
Solicitation Information –
Award Type
It is anticipated that a Firm Fixed Price contract/purchase order will be awarded as a result of this synopsis/solicitation. The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items on the Schedule of Items and submit required documents.
Period of Performance
Estimated Start Date: 6/1/2027 – 6/30/2027
Organized Site Visit
No site visit will be held.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the quoter with the lowest price, technically acceptable. Past Performance will also be evaluated.
Technical Acceptability:
The technical capability will evaluate the ability of the quoter to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All quoters must provide the following minimum information and documentation with their quotations to be considered responsive and have their quotes evaluated:
The attachment C04c - Experience Questionnaire 1240LT27Q0012 will be used to evaluate the following to determine technical acceptability.
Contractor shall provide a written narrative describing company’s and any proposed subcontractor(s) technical capability in performing similar type work:
• Describe how obsolete fuel tanks were removed and properly disposed
• Describe how surface restoration, if needed, was completed
• Key Personnel, including name and qualifications;
• Approach to managing and monitoring this project to ensure quality control; and
• Identification of any subcontractor’s and their role and responsibilities in the completion of the work.
• Project specific Quality Control Plan
Price:
The offeror shall provide pricing as requested in the Schedule of Items in C04a - Schedule of Items – 1240LT27Q0012 of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The quoter’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the lowest price technically acceptable based on the stated evaluation criteria. Once the lowest priced technically rated quoter is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral. When no information is available, the quoter will not be evaluated favorably or unfavorably on past performance. Past performance is a measure of the degree to which the quoter (including major subcontracts) has satisfied previous customers and complied with Federal, State and Local laws and regulations.
Award will be made to the offeror whose quote is determined to be the lowest technically rated, provided that:
• The proposed price is fair and reasonable, and
• Past performance is assessed as acceptable or neutral.
Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
Period for acceptance of quotes.
The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.
Questions:
Questions shall be submitted via email to terri.tucker@usda.gov and are due no later than October 30, 2026, at 1700 PM MT. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (Sep 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)
Quotes: Quotes are due November 13th, 2026 at 1700PM MT.
The following provisions are applicable if checked:
☐ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) ☒ 52.204-7 System for Award Management—Registration (Nov 2025)
☐ Alternate I (Nov 2025) to 52.204-7 ☐ 52.204-90 Offeror Identification (Nov 2025) ☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) ☐ 52.209-12 Certification Regarding Tax Matters (Oct 2025) ☒ 52.219-2 Equal Low Bids (Nov 2025) ☒ 52.222-5 Construction Wage Requirements, Secondary Site of the Work (Nov 2025) ☐ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) ☐ 52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☐ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.223-4 Recovered Material Certification (May 2008) mailto:terri.tucker@usda.gov
☐ 52.225-2 Buy American Certificate (Oct 2022) ☐ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☐ 52.225-6 Trade Agreements-Certificate (Feb 2021) ☒ 52.225-10 Notice of Buy American Requirement- Construction Materials (May 2014) ☐ Alternate I (May 2014) of 52.225-10 ☐ 52.225-12 Notice of Buy American Requirement-Construction Materials under Trade Agreements (May 2014) ☐ Alternate I (May 2014) of 52.225-12 ☐ Alternate II (Nov 2023) of 52.225-12
☐ 52.226-3 Disaster or Emergency Area Representation (Nov 2007) ☐ 52.228-1 Bid Guarantee (Sep 1996) ☐ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)
AGAR Provisions
This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clause may be accessed electronically at Internet address
NOTICE FOR FILING AGENCY PROTESTS
United States Department of Agriculture (USDA) Protest Procedures
The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.
Tier 1: Contracting Officer Concern Resolution
Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.
Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.
Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.
Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.
Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2. USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.
Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest.
The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.
Required Information: Protests shall include the information set forth in FAR 33.104-4 (a)(3).
Failure to submit the required information may result in a delay or dismissal of the protest.
Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.
Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.
Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.
Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.
Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.
Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.
mailto:SPE.inquiry@usda.gov
| C04 SF1442 - 1240LT27Q0012 |
| RFQ |
| 52.228-13 Alternative Payment Protections. |
File details come from the government source that posted it. Updated .