RFP 1240LT24R0021.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)

3. DATE ISSUED

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

9.

INFORMATION

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

EMAIL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1120099

U.S Forest Service (USDA) CSA Intermountain Zone 8 324 25th Street Ogden, Utah 84401-2310

40LT

U.S Forest Service (USDA)

ATTN: Elizabeth Ratcliff elizabeth.ratcliff@usda.gov

a. NAME

Elizabeth Ratcliff

b. E-MAIL elizabeth.ratcliff@usda.gov

Great American Outdoors Act (GAOA) x 08/21/2024

1. SOLICITATION NO.

1240LT24R0021 45

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

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. A Bid/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.)

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

FAR 52.211-10

09/11/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

Project Title: San Juan Bridge Campground Road & Spur Deferred Maintenance (GAOA)

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete this project.

Set Aside: Total Small Business Set-Aside (FAR 19.5)

Magnitude: Between $150,000 to $200,000

Location: From Pagosa Springs travel West on US-160 for 2.7 miles, turn right onto Piedra Rd and continue for 18.8 miles. Bridge Campground will be located on the right. The campground is located at Latitude 37.46235, Longitude -107.19865.

Period of Performance: The work is anticipated to commence 60 days after receiving the Notice to Proceed (NTP) sometime in late 2024 or early 2024 and completing the project no later than April 25, 2025. The work is expected to be completed within 60 days after the work is started.

Site Visit: Not mandatory but encouraged, no government escort will be present.

Contractor Questions Due No Later Than: 8/30/2024 12:00 MDT. Use document titled "Contractor Questions and Answers Template" to write down your questions and send it to elizabeth.ratcliff@usda.gov before 8/30/2024 12:00 MDT.

Request for Proposal Solicitation Close Date: 9/11/2024 12:00 PM MDT.

Instructions to Bidders: See Section L.

Evaluation/Award Factors: See Sections L&M.

NOTE: PLEASE FILL OUT ALL HIGHLIGHTED SECTIONS IN THIS DOCUMENT BEFORE SUBMITTING BID

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. EMAIL ADDRESS, TELEPHONE NO.

16. POINT OF CONTACT NAME, ADDRESS, EMAIL & TELEPHONE NO.

CODE FACILITY CODE

TOTAL

PRICE

AMOUNTS

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

OFFER (Must be fully completed by offeror)

19. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

U.S Forest Service (USDA) CSA Intermountain Zone 8 324 25th Street Ogden, Utah 84401-2310

40LT

31a. NAME OF CONTRACTING OFFICER (Type or print)

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Invoice Processing Platform (IPP) All Invoices Must Be Submitted Electronically Through The Invoice Processing Platform (IPP) Website: www.ipp.gov

SAM UEID NO.: _______________

SAM REGISTRATION EXPIRATION DATE: ____________

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ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT24R0021

0001 1 LS

0002 1 LS

0003 18 EA

0004 1 LS

0005 100 DT

0006 1110 DT

Mobilization

(Campground Reconstruction)

Demolition

(Campground Reconstruction)

Picnic Table

(Campground Reconstruction)

Fire Ring Installation

(Campground Reconstruction)

Aggregate

(Campground Reconstruction)

Road Reconditioning Aggregate

(Road and Spur Reconstruction)

Road Reconditioning Compaction (Road and Spur Reconstruction)

0007 1.2 DH

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

Sponsored by GSA

FAR (48 CFR) 53.110

Grand Total: __________

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

CLIN DESCRIPTION QTY UNIT

OF

ISSUE

0001 Mobilization

(Campground Reconstruction)

1 LS

0002 Demolition

(Campground Reconstruction)

1 LS

0003 Picnic Table

(Campground Reconstruction)

18 EA

0004 Fire Ring Installation

(Campground Reconstruction)

1 LS

0005 Aggregate

(Campground Reconstruction)

100 DT

0006 Road Reconditioning Aggregate

(Road and Spur Reconstruction)

1110 DT

0007 Road Reconditioning Compaction

(Road and Spur Reconstruction)

1.2 DH

B.2 SCHEDULE NOTES

A. One award will be made from this solicitation, contractors must submit pricing for all items.

B. All bond costs shall be included in mobilization costs.

B.3 DESIGNATED MEATHOD OF MEASUREMENT

LS Lump Sum

EA Each

DT Dry Ton

DH Miles

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

SAN JUAN BRIDGE CAMPGROUND ROAD RECONSTRUCTION AND DEFERRED

MAINTENANCE

1.0 Background

Bridge Campground is nestled in the heart of the San Juan National Forest. The campground sprawls across an open space along Williams Creek and is surrounded by high mountain peaks.

Campers seeking solitude, quiet, and beautiful scenery will find it here.

2.0 Scope of Work

This project includes all materials, labor, and equipment necessary to complete the following task items:

1) Road Resurfacing

a. Provide aggregate and reconstruct the 1.2 miles of road within the campground.

Work includes reshaping the roadbed by reestablishing ditches and pulling the road width back in to a standard 14’ by cutting the shoulders and adding acceptable material to the existing surface. The new surface will be constructed with a crown of no less than 4%. Addition work will include cleaning lead-out ditches, cutting the washboard, filling potholes and covering large rocks. Once the approved roadbed is prepared, commercially purchased aggregate consisting of CDOT class 6 1” minus road base material with a PI between 2-9 shall be hauled, placed and compacted using layer placement method

204.11(A)(1) to a 3” depth and a 14’ width.

b. Aggregate to total 1,110 tons

2) Campground Maintenance

a. Provide and install 18 picnic tables (Pilot Rock model XT/CW-6VN/E or approved equal) at sites #1 thru #8 and sites #10 thru #19

b. Install 18 fire rings at sites #1 thru #8 and sites #10 thru #19

i. Fire rings will be provided by the San Juan National Forest

c. Demolish and dispose of 19 existing picnic tables and 18 existing fire rings located within the campground

i. Site #9 is being decommissioned and will not receive a replacement picnic table or fire ring

d. Remove and dispose of any other debris within the campground.

e. Place 100 tons of 1” minus road base material in site pullout areas as designated by the CO/COR

Bridge campground will be closed to the public during this contract. Flaggers will not be required to manage traffic control during the contract period.

3.0 Project Location

From Pagosa Springs travel West on US-160 for 2.7 miles, turn right onto Piedra Rd and continue for 18.8 miles. Bridge Campground will be located on the right. The campground is located at Latitude 37.46235, Longitude -107.19865.

4.0 Site information and Execution

Site Location:

• From Pagosa Springs, Colorado head west on highway 160 for approximately 2.1 miles.

Turn right onto Piedra Road and continue for 18.8 miles. The Bridge Campground entrance will be on the right side. Bridge Campground is located at lat/long 37.4623, -

107.1987

Site Conditions:

• The elevation of the site is approximately 7,800 feet above mean sea level. The construction site can experience heavy snowfall and cold temperatures in the winter.

Utilities:

• Not available.

Sanitary Facilities:

• Contractor is required to mobilize and maintain a portable toilet for the entirety of the contract for all personnel.

Staging and Storage:

• Coordinate on-site staging and storage requirements with the Contracting Officer

Representative (COR).

• Damage to any government owed property that is not detailed in this contract will be replaced at the expense of the contractor.

• It is the contractor’s responsibility to have all items safely stored and locked when staff are not on site.

Construction waste and disposal facilities:

• Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste.

• Provide construction waste dumpster and recycling for all materials that are being disposed of.

• Contractors are required to properly dispose of all construction materials, pollutants, and debris in accordance with local, state, and federal regulations. All waste must be transported to the appropriate disposal facilities and shall not be dumped anywhere other than the appropriate disposal facilities after the work is completed.

Site protection:

• Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.

o Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

o Facilities should be cleaned to the state that they were found in before final payment will be made.

• Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for Project:

o Clean project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.

o Remove tools, construction equipment, machinery, and surplus material from the project site.

o Touch up and otherwise repair and restore marred, exposed finishes and surfaces.

Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration.

Soil Protection:

• Re-slope and establish natural drainage in areas impacted by heavy equipment. This includes soil decompaction and removal of surface windrows, tracks, and rutting.

Water Resources:

• Follow and implement applicable BMPs and guidance identified in the Forest Service

Water System Operator’s Technical Guide to protect the water source, meet and maintain state and federal water quality requirements, and provide for the long-term needs of the facility and its occupants.

5.0 Scheduling

Site Visit/Pre-Bid Meeting:

• No planned site-visit/pre-bid meeting. All Contractors shall visit the project site and acquaint themselves with current conditions prior to submitting a bid without a government escort.

Working Schedule:

• Work hours for this project are between 7:00 AM-6:000 PM Monday through Friday.

o Working outside these hours can occur only if approved by the CO/COR beforehand and is determined to be project critical.

6.0 Project Magnitude:

Between $150,000 to $200,000.

7.0 Period of Performance

The work is anticipated to commence 60 days after receiving the Notice to Proceed (NTP), project needs to be completed no later than April 25, 2024. The work is expected to be completed within 60 days after the work is started.

8. Technical Requirements

The Contractor shall furnish all management, labor, equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the specification and provisions of the contract.

The contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, County, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for all damages to persons or property, which occur as a result of the Contractor’s performance or negligence.

452.211-72 Statement Of Work/Specifications (Feb 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities

(except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

452.211-73 Attachments To Statement Of Work/Specifications (Feb 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 60 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 no later than 60 days after NTP. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 15-30 days after the date of contract award. The conference will be held virtually on

Microsoft Teams.

G.2 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

https://www.ipp.gov/index.htm Register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. These items must be uploaded as Attachments, and itemized invoices must include:

• Name and address of the Contractor (include phone number, mailing address, person to notify if there are issues with the invoice).

• Invoice date and invoice number;

• Contract number;

• Taxpayer Identification number;

• Description, unit, and price of items being invoiced, Date of services or completion;

• Shipping and Payment Terms

Certified payrolls for Construction: Contractor and all subcontractors. Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice. Final payrolls shall be marked “Final”. Contractor Notification & Release of

Claims (FS-6300-16) for Final Payment. A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment with the Final Payment.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The

Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Project Foreman.

(b) During the first sixty (30) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.202-1 Definitions (JUN 2020)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-7 Anti-Kickback Procedures (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011)

52.204-7 System for Award Management (OCT 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020)

52.204-12 Unique Entity Identified Maintenance (OCT 2016)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-13 Time Extensions (SEP 2000)

52.214-3 Amendments to Invitations for Bids (DEC 2016)

52.214-4 False Statements in Bids (APR 1984)

52.214-5 Submission of Bids (DEC 2016)

52.214-6 Explanation to Prospective Bidders (APR 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999)

52.214-12 Preparation of Bids (APR 1984)

52.214-15 Period for Acceptance of Bids (APR 1984)

52.214-16 Minimum Bid Acceptance Period (APR 1984)

52.214-18 Preparation of Bids – Construction (APR 1984)

52.214-21 Descriptive Literature (APR 2002)

52.214-34 Submission of Offers in the English Language (APR 1991)

52.214-35 Submission of Offers in U.S. Currency (APR 1991)

52.215-1 Instruction to Offerors – Competitive Acquisition (NOV 2021)

52.215-2 Audit and Records -- Negotiation (JUN 2020)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.215-19 Notification of Ownership Changes (OCT 1997)

52.216-4 Economic Price Adjustment-Labor and Material (JAN 2017)

52.216-7 Allowable Cost and Payment (AUG 2018)

52.216-8 Fixed Fee – Construction (JUN 2011)

52.216-23 Execution and Commencement of Work (APR 1984)

52.217-3 Evaluation Exclusive of Options (Apr 1984)

52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUN 1988)

52.217-5 Evaluation of Options (JUL 1990)

52.217-6 Option for Increased Quantity (MAR 1989)

52.219-1 Small Business Program Representations (Feb 2024)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8 Utilization of Small Business Concerns (SEP 2023)

52.219-14 Limitations on Subcontracting (OCT 2022)

☒ 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.

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018)

52.222-6 Construction Wage Rate Requirement (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (JUL 2021)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-30 Construction Wage Rate Requirements - Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010)

52.222-50 Combating Trafficking in Persons (NOV 2021)

52.222-54 Employment Eligibility Verification (MAY 2022)

52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022)

52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020)

52.223-20 Aerosols (JUN 2016)

52.223-21 Foams. (JUN 2016)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.227-1 Authorization and Consent (JUN 2020)

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

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

Alternate II (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

Alternate I (SEP 1996)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements) (APR 2012)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996)

452.236-70 Additive or Deductive Items (FEB 1988)

452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

52.204-27 Prohibition on a Byte Dance Covered Application (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by Byte Dance Limited or an entity owned by Byte Dance

Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a

Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub.

L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under

Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

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 45 days.

52.225-9 Buy American Act - Construction Materials (OCT 2022)

(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 component used in such https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105 construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The

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

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 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.

(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)

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (Deviation May 2023)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained— https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.acquisition.gov/far/part-28#FAR_28_203_1

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1)…