RFP.docx

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

127EAW22R0063

2. TYPE OF SOLICITATION SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

07/28/2022

PAGE OF PAGES

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

1064180

6. PROJECT NO.

GAOA

Gregory Cunningham Gregory.Cunningham@usda.gov Clement Bucher Clement.Bucher@usda.gov

USDA FOREST SERVICE

FIRE AND AVIATION MANAGEMENT 3237 PEACEKEEPER WAY SUITE 101

MCCLELLAN CA 95652

CALL:

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 301-800-8610

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date) GAOA WESTERN DIVIDE RANGER DISTRICT FACILITY REPAIR PROJECT, SEQUOIA NATIONAL FOREST, CALIFORNIA

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS MAGNITUDE: THE MAGNITUDE OF THE PROJECT IS BETWEEN $250,000 AND $500,000

11. The Contractor shall begin performance 5 calendar days and complete it within 120 calendar days after receiving x )award, x notice to proceed. The performance period is mandatory negotiable. (See .)

12a.

THE

CONTRACTOR

MUST

FURNISH

ANY

REQUIRED

PERFORMANCE

AND

PAYMENT

BONDS?

(If

"YES",

indicate within how many calendar days after award in

Item

12b.)

YES

NO

12b.

CALENDAR

DAYS

13. ( x

)ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1700 (hour) local time 08/29/2022 (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 .

b. ( x )An offer guarantee is, is not required.

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.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

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

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.)

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

Continued...

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

26. ADMINISTERED BY CODE

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 1 copies to issuing office.)

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,

29. AWARD

(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.

GREGORY L. CUNNINGHAM

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

127EAW22R0063

PAGE OF

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. (A)

SUPPLIES/SERVICES (B)

QUANTITY (C)

UNIT (D)

UNIT PRICE (E)

AMOUNT (F)

Delivery Location Code: 9A23 USDA FOREST SERVICE

SEQUOIA NATL FOREST 1839 S NEWCOMB ST PORTERVILLE CA 93257 US

FOB: Destination

GAOA Southern Sierra Zone Recreation Facility Improvements (SQF)-Rental repair

Western Divide R.D. Facilities Repairs Project

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

Sponsored by GSA FAR (48 CFR) 53.110

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

WESTERN DIVIDE RANGER DISTRICT FACILITIES REPAIR PROJECT SEQUOIA NATIONAL FOREST/GIANT SEQUOIA NATIONAL MONUMENT WESTERN DIVIDE RANGER DISTRICT

Upper Grouse Valley - Base Bid Item

07610 (01A)

09900 (01A)

ductwork in crawl space, complete.

07460 (02B)

on the drawings.

09900 (01B)

diverters at roof penetrations.

noted on the drawings.

07610 (06C)

09250 (01C)

09900 (02C)

Page of

Johnsondale Work Center - Base Bid Items

exterior pre-hung wood door.

window/corner/bottom trim

07460 (06D1) Building #1008 Replace window with dual pane window, including demolition, installation, flashing, drip edge, and accessories; size 4'-3" H x 3'-4" W.

A.Q.

EA

07460 (06D2) Building #1008 Replace window with dual pane window, including demolition, installation, flashing, drip edge, and accessories; size 4'-3" H x 4'-8" W.

A.Q.

EA

07460 (06D3) Building #1008 Replace window with dual pane window, including demolition, installation, flashing, drip edge, and accessories; size 3'-3" H x 2'-1" W.

A.Q.

EA

07460 (06D4) Building #1008 Replace window with dual pane window, including demolition, installation, flashing, drip edge, and accessories; size 3'-3" H x 3'-4" W.

A.Q.

EA

07610 (01D) Building #1008 Complete roof installation, including demolition, underlayment, and metal roofing.

A.Q.

S.F.

1,650

07610 (06D) Building #1008 Furnish and Install 19' of Gutter and one downspout; and replace two crawl space vent screens.

L.S.Q.

L.S.

Johnsondale Work Center Total:

Hot Springs Work Center - Base Bid Items

repair.

07460 (05E) Building #1018 Replace 1x3 trim where siding is not replaced, including demolition, trim, and accessories.

07460 (07E)

repair.

07460 (05F)

07460 (07F)

Hot Springs Work Center Total:

Upper Grouse Valley, Johnsondale Work Center, Hot Springs Work Center

BASE ITEMS COMBINED TOTAL:

Johnsondale Work Center - Optional Bid Items

07460 (01G) Building #1002 Residence/Office/Cache Minor exterior siding repairs and crawl space access repairs, as noted on the drawings.

L.S.Q.

L.S.

framed screen door.

07610 (01G) Building #1002 Complete roof installation, including demolition, underlayment, and metal roofing.

A.Q.

S.F.

1,914

diverters at roof penetrations.

and downspouts

09900 (01G) Building #1002 Complete exterior sealing, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

07460 (01H) Building #1007 Office/Barracks Minor exterior siding repairs and crawl space access repairs, as noted on the drawings.

L.S.Q.

L.S.

door.

07460 (05H) Building #1007 Replace 1x4 trim where siding is not replaced, including demolition, trim, and accessories.

A.Q.

L.F.

diverters at roof penetrations.

09900 (01H) Building #1007 Complete exterior sealing, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

09900 (01D) Building #1008 Complete exterior painting, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

09900 (01I) Building #1505 Complete exterior sealing, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

cast in place concrete base.

exterior pre-hung metal door.

07610 (01J) Building #2510 Gas House Complete roof installation, including demolition, underlayment, and metal roofing.

A.Q.

S.F.

Gutter and one downspout.

09900 (01J) Building #2510 Complete exterior painting, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

07610 (01K) Pump House Complete roof installation, including demolition, underlayment, and metal roofing.

A.Q.

S.F.

09900 (01K) Pump House Complete exterior painting, including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

Hot Springs Work Center - Optional Bid Items

A.Q.

L.F.

A.Q.

S.F.

including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

A.Q.

L.F.

A.Q.

L.F.

A.Q.

L.F.

A.Q.

S.F.

including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

A.Q.

L.F.

A.Q.

L.F.

A.Q.

L.F.

edge.

A.Q.

S.F.

L.S.Q.

L.S.

entrance road.

including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

including materials, labor, siding, trim, fascia, eaves, and soffits.

L.S.Q.

L.S.

Johnsondale Work Center, Hot Springs Work Center

OPTION ITEMS COMBINED TOTAL:

B.2 SCHEDULE NOTES

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.1 DESCRIPTION OF WORK

Furnish all labor, equipment and material to complete roofing, siding, and other repairs to the facilities at Upper Grouse Valley, Johnsondale Work Center, and Hot Springs Work Center. Work includes but is not limited to the following:

Upper Grouse Valley:

· Replace roof on one (1) building, and minor roof repairs to two (2) buildings

· Roof replacement includes:

· Removal of the old roofing material

· Replacement of damaged or deteriorated roof deck and fascia

· Installation of complete new ribbed metal roofing system

· Installation of snow divertors on roof vents on three buildings as specified

· Minor repairs to exterior siding, trim, decks, and other exterior features on two (2) buildings

· Reseal/restain the exterior siding, decks, and trim on two (2) buildings

· Replace exterior deck on one (1) building

· Replace heating system ductwork in crawlspace under one (1) building

· Repair water damage to sheetrock and insulation inside one (1) building and repaint interior

Johnsondale Work Center:

· Replace roof on one (1) building

· Removal of the old roofing material

· Replacement of damaged or deteriorated roof deck

· Installation of complete new ribbed metal roofing system

· Minor repairs to exterior siding, trim, and other exterior features on one (1) building

· Replace twelve (12) windows in one building with dual pane energy efficient windows

· OPTIONAL WORK –

Western

Divide

Facilities

Repair

Project

127EAW22R0063

· Replace roofs on three (3) buildings, including:

· Removal of the old roofing material

· Replacement of damaged or deteriorated roof deck

· Installation of complete new ribbed metal roofing system

· Installation of snow divertors on roof vents on three buildings as specified

· Minor repairs to exterior siding, trim, and other exterior features on five (5) buildings

· Reseal/restain the exterior siding and trim on three (3) buildings

· Repaint the exterior siding and trim on three (3) buildings

Hot Springs Work Center:

· Partial replacement and minor repairs to exterior siding, trim, and other exterior features on two (2) buildings

· Replacement of Heating Ventilation and Air Conditioning (HVAC) units on two (2) buildings. Unit size is approximately 2 tons; field verify and match size of existing units.

· OPTIONAL WORK –

· Partial replacement and minor repairs to exterior siding, trim, and other exterior features on three (3) buildings

· Repaint the exterior siding and trim on five (5) buildings

· Furnish and install one road closure gate on the entrance road

The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making estimates of quantities of work.

C.2 PROJECT LOCATON

The project sites are located on the Sequoia National Forest at three locations on the Western Divide Ranger District as described below.

A. Three buildings are located at Upper Grouse Valley on Blue Ridge road near Springville, Tulare County, CA; Township 19 S., Range 29 E., Section 2.

· From Porterville travel approximately 17 miles east on Highway 190 through Springville to Balch Park road. Turn left and follow Balch Park road for 11 miles, then turn left on Blue Ridge road for 5 miles to the entrance gate at Upper Grouse Valley. Follow the main road through the property for a mile to the buildings.

B. Six buildings are located at Johnsondale Work Center, 01 FS Road 22S10A in Johnsondale, Tulare County, CA; Township 22 S., Range 31 E., Section 35.

· From Bakersfield travel approximately 41 miles east on Highway 178 through the Kern Canyon road to Hwy 155 in Lake Isabella. Exit right and follow Hwy 155 to Wofford Heights, then stay straight on Kernville Road to Kernville, then 24 miles on Mountain 99 Highway to Johnsondale.

C. Five buildings are located at Hot Springs Work Center, 43474 Parker Pass Drive, Hot Springs, Tulare County, CA; Township 23 S., Range 31 E., Section 32.

· From Porterville travel approximately 12 miles south on Plano which becomes Old Stage road. At Fountain Springs, turn left on Hot Springs road and travel east approximately 20 miles through California Hot Springs. Turn left on M 50 toward Parker Pass; Hot Springs work center will be on the right side of the road.

· Johnsondale and Hot Springs are approximately 18 miles apart via M-50 Parker Pass road and M-99.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Magnitude of the Project is between $250,000 and $500,000.

C.4 TECHNICAL SPECIFICATIONS

Technical Specifications and Project Drawings are located in Section J of this RFP.

C.5 SPECIAL CONDITIONS AFFECTING THE WORK

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government.

b. Weather. Low temperatures at the project sites range from temperatures of less than 20 ºF in December and January to lows of 65 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. Icy conditions on local roads and highways can occur during the fall, winter and spring. Highway curves in shaded areas will remain covered with ice or frost for weeks.

c. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend equipment work is not allowed at any time during the Work. Dogs and pets are not allowed on the project sites at any time.

d. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

e. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of building materials to the project sites. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the sites. The Government will not be responsible for any building materials that cannot be transported to the sites.

f. Temporary Site Utilities. Contractor may install temporary site utilities to support work on the project. The installation of temporary utilities is the responsibility of the Contractor and shall be paid for by the Contractor. The Contractor shall provide the Contracting Officer with written certification that all temporary site utilities have been properly disconnected and final utility bills are paid in full. The Contractor may make a temporary hookup to the existing Forest Service water line to provide water for construction and/or temporary housing.

g. Toilets. Contractor shall provide toilet facilities for its employees. No shower facilities are available.

h. Security. Contractor is responsible for the Contractor’s equipment and building materials supplied to the sites. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools, ladders and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the sites.

i. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project sites to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

j. Fire Restrictions. The Johnsondale and Hot Springs Work Centers are operational centers for fire support during fire operations. The contractor may be required to stop work with no additional cost to the government if the Work Center(s) is/are required to operate during a large fire operation. The Contractor shall then resume work after fire operations have stopped.

k. The facility repair projects are located at existing fully operational Work Centers used by many Forest Service employees. The Contractor shall keep his equipment and work areas confined to the areas shown on the attached location map and drawings. At no time shall the Contractor prevent fire personnel or other employees from accessing the work site to gather materials or supplies, or to perform their assigned work. Contractor’s vehicles shall be kept out of the way of the parking lot traffic flow to allow Forest Service employees access to all utilities. The Contractor may not enter or have access to any of the other buildings located at the Work Centers not related to this project. No children or pets of any kind will be allowed to hang around the work centers.

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.

Western

Divide

Facilities

Repair

Project

127EAW22R0063

proposed substitutions, complete resumes for the proposed substitutes, and any additional

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

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 _5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after the contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held TBD.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

KEY PERSONNEL

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

(b) During the first ninety (90) 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 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the 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 15 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.

USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

INSURANCE COVERAGE

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.

(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.

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) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-10

(MAY 2014)

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

52.203-19 Employees of Whistleblower Rights (JUN 2020) Prohibition on Requiring Certain Internal Confidentiality Agreements or

52.204-2 Statements (JAN 2017) Security Requirements (MAR 2021) Alternate II (APR 1984)

52.204-10 2011) Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

52.204-13 2020) System for Award Management Maintenance (OCT 2018)

52.204-25 Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) Prohibition on Contracting for Certain Telecommunications and Video

52.209-6 Surveillance Services or Equipment (NOV 2021) Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.222-6 2018) Construction Wage Rate Requirement (AUG 2018)

Western

Divide

Facilities

Repair

Project

127EAW22R0063

(MAY 2014)

Specified Pricing Method) (AUG 2018)

2010)

2022)

Contracts (SEP 2013)

Conditioners (JUN 2016)

Contracts (AUG 2018)

2020)

2018)

Improvements (APR 1984)

Alternate I (APR 1984)

Alternate II (APR 1984)

(DEVIATION APR 2020)

Alternate I (MAR 1994)

Alternate I (SEP 1996)

Alternate I (APR 1984)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to [Contracting Officer complete in accordance with agency procedures].

52.225-9 Buy American Act-Construction Materials (NOV 2021)

(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.

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 55 percent of the cost of all its components. 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. (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. 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;

(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…