RFP.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

127EAW23R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

11/21/2022

PAGE OF PAGES

1 37

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

1082961

6. PROJECT NO.

GAOA

7. ISSUED BY CODE 91S8 8. ADDRESS OFFER TO

Richard Skinner: richard.skinner@usda.gov Clement Bucher: clement.bucher@usda.gov

USDA FOREST SERVICE

PACIFIC SOUTHWEST REGION

1323 CLUB DR

VALLEJO CA 94592-1110

9. FOR a. NAME

INFORMATION CLEMENT BUCHER 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 S.SIERRA CAMPGROUND DAY USE SITE TOILET REPLACEMENT AND ACCESS, SEQUOIA

NATIONAL FOREST, CALIFORNIA

THIS IS A 100% SMALL BUSINESS SET ASIDE PROCUREMENT

MAGNITUDE OF THIS PROJECT IS BETWEEN $250,000 AND $500,000

ALL WORK TO BE ACCOMPLISHED IN ACCORDANCE WITH SECTION C AND SECTION J

BIDDERS SHOULD CONFIRM REGISTRATION IN SAM.GOV

13. 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

12/22/2022 (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. 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 .

mailto:richard.skinner@usda.gov mailto:clement.bucher@usda.gov

AMOUNTS

OFFER (Must be fully completed by offeror)

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.)

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.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

Continued...

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 91S8 27. PAYMENT WILL BE MADE BY

USDA FOREST SERVICE

PACIFIC SOUTHWEST REGION

1323 CLUB DR

VALLEJO CA 94592-1110

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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

RICHARD A. SKINNER

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

127EAW23R0001

PAGE OF

3 37

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Delivery: 11/01/2022 Delivery Location Code: 9A23

USDA FOREST SERVICE

SEQUOIA NATL FOREST

1839 S NEWCOMB ST

PORTERVILLE CA 93257 US

FOB: Destination

GAOA S. Sierra CG/Day Use Site Toilet Replc. & Access. (SQF-B)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Sol 127EAW23R0001 GAOA S.Sierra CG Day Use Toilet Replacement

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATON

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES .......................................................................................................................... 12-23

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 PROVISIONS

Toilet Replacement

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item No. Description Method of Meas

Pay Unit

Est.

Qty Unit Price Amount

01301(01) Project Mobilization L.S.Q. L.S. 1 Camp 9 Campground

02100(01)

Demolish Septic Tank, including pumping, rinsing, puncturing a 4" diameter hole in the bottom for drainage, removing components within 2' of ground surface, backfilling with approved material and compacting, and repairing the paved surface with asphalt or concrete.

L.S.Q. L.S. 1

03300(01A)

Construct Sidewalks around double double vault toilets, as shown on the drawings for Toilet Replacement on Main Road, including independent concrete testing.

L.S.Q. L.S. 1

Camp 9 CG Sub-total:

South Fork Recreation Area

03300(01B) Construct Sidewalks around double double vault toilets, as shown on the drawings including independent concrete testing.

L.S.Q. L.S. 1

South Fork Rec Area Sub-total:

Tillie Creek Campground

02100(02)

Demolish Septic Tank, including pumping, rinsing, puncturing a 4" diameter hole in the bottom for drainage, removing components within 2' of ground surface; backfilling and compacting with approved material.

L.S.Q. L.S. 4

Toilet Replacement

02100(03)

Demolish Septic Tank and Dosing Tank, including pumping, rinsing, puncturing a 4" diameter hole in the bottom for drainage, removing components within 2' of ground surface; backfilling and compacting with approved material.

L.S.Q. L.S. 3

03300(01C)

Construct Sidewalks around double double vault toilets, as shown on the drawings including independent concrete testing.

Layout varies at some locations.

L.S.Q. L.S. 7

Tillie Creek CG Sub-total:

Total Base Bid Items:

B.1 SCHEDULE NOTES

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

B.2 SCHEDULE NOTES

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

Item No.

Description Method of Meas

Pay Unit

Est.

Qty Unit Price Amount

Optional Bid Items:

Camp 9 Campground

03300(0 2)

Construct Sidewalks around double vault toilet as shown on the drawings in Loop D, including independent concrete testing.

Layout varies at some locations.

L.S.Q. L.S. 1

Optional Bid Items Sub-total:

Total Bid All Items:

GAOA S.Sierra CG Day Use Toilet Replacement

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Furnish all labor, equipment and material to accomplish the Work under this contract at three recreation areas around Lake Isabella on Forest Service lands. Work includes but is not limited to the following major items:

Camp 9 Campground:

o Demolition of one septic tank at location of previously demolished flush toilet building.

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks.

o Construction of ADA accessible concrete sidewalks around two (2) new double vault toilet buildings installed in the campground on the main road as a pair of double toilets back-to-back.

o Construction of ADA accessible concrete sidewalks around one (1) double vault toilet installed at the Boat Ramp (Optional Bid Item).

South Fork Recreation Area:

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks.

o Construction of ADA accessible concrete sidewalks around two (2) new double vault toilet buildings installed as a pair of toilets (double double).

Tillie Creek Campground:

o Demolition of seven septic tank at locations of old flush toilet buildings which have been replaced with vault toilet buildings. Three locations also have a sewage dosing tank to be demolished.

o Site preparation including minor site grading and compaction in preparation for placement of concrete for sidewalks.

o Construction of ADA accessible concrete sidewalks around fourteen (14) new double vault toilet buildings installed as seven (7) pairs (double doubles) in the campground.

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

C.2 PROJECT LOCATON

The project is located at Camp 9 Campground, South Fork Recreation Area, and Tillie Creek Campground adjacent to Lake Isabella on the Kern River Ranger District of the Sequoia National Forest.

From Bakersfield, CA travel east on State Highway 178 approximately 43 miles to State Highway 155 in the community of Lake Isabella.

GAOA S.Sierra CG Day Use Toilet Replacement

For Camp 9 Campground, exit right off Highway 178, turn left on Highway 155, and continue on Highway 155 approximately 7 miles to Wofford Heights where Highway 155 turns right toward Greenhorn Summit. Continue straight ahead on Burlando Road and Sierra Way approximately 4 miles to Kernville. Turn right on Sierra Way approximately 5 miles to Camp 9 Campground on the right.

For South Fork Recreation Area, continue Highway 178 approximately 4 miles to South Fork Recreation Area on the left.

For Tillie Creek Campground and Group Sites, exit right off Highway 178, turn left on Highway 155, and continue Highway 155 approximately 7 miles to Wofford Heights.

Turn right on Tuttle Road to Tillie Creek Campground.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

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

C.4 TECHNICAL SPECIFICATIONS

The Specifications for this project are set forth in Section J of this RFP.

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.

C.5 PROJECT SITE CLEAN UP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, residue, and asphalt and concrete slag off of National Forest Land. Items such as miscellaneous building materials are considered the property of the Contractor and shall be removed from the project site.

All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

During the work the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

Use Toilet Replacement

C.6 PRE-BID CONFERENCE OR TOURS

A pre-bid conference or tour has not been scheduled for this project. The contractor is advised to visit the sites on his/her own to evaluate existing conditions and the work to be performed. The contractor is advised to scout all haul routes to the project; consult local road condition reports;

and comply with all State hauling regulations and requirements.

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)

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 _90 calendar days from receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 OTHER REQUIREMENTS

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 site range from temperatures of less than 20 ºF in December and January to lows of 30 ºF in July and August. High temperatures range from 45 ºF in December and January to over 90 ºF in July and August. There are

Use Toilet Replacement snowstorms during the winter months that may result in temporary project delays. Icy conditions on local roads and highways can occur during the fall, winter and spring.

c. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday.

Weekend equipment work may be allowed by the Contracting Officer after coordination with the campground concessionaire. Dogs and pets are not allowed on the project site 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 and sections or parts of buildings to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site. The Government will not be responsible for any building materials or parts or sections of buildings that cannot be transported to the site.

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 the 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. No toilet facilities are available on site.

h. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on the premises. All waste material must be transported off-site to a station equipped to handle such waste. The campgrounds are FS or concessionaire operated.

The contractor is subject to the camping fees charged by the concessionaire for each campsite occupied. Availability is subject to Contracting Officer approval and is not guaranteed.

i. Security. Contractor is responsible for the Contractor’s equipment and building materials supplied to the site. 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 site.

j. Burning Permits. Contractor is subject to all rules and regulations governing the on-site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning. The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

k. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site 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

Use Toilet Replacement project spill response plan at the pre-work meeting for review by the Contracting Officer.

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 _5 days after the date of contract award. The conference will be held TBD.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The Contracting Officer’s Representative is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the Contracting Officer’s Representative, provided they do not affect the delivery schedule or performance period stated in the contract.) On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Contracting Officers Representative:

Name: Steven Ray Phone Number: 559-783-3736

G.3 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $

Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: "

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.

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: 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 & Requirements to Inform

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

Statements (JAN 2017) 52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

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

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 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 and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

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

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (SEP 2021)

[Contracting Officer check as appropriate.] ☐ 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.

52.219-28 Post Award Small Business Program Representation (SEP 2021) 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) 52.222-35 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) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 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 (MAY 2014) 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

52.232-39 2018) Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233-1

(DEVIATION APR 2020)

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

52.236-10 Improvements (APR 1984) 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)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION APR 2020)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Alternate I (MAR 1994) Value Engineering – Construction (OCT 2020)

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

52.249-10 Alternate I (SEP 1996) Default (Fixed-Price Construction) (APR 1984)

52.253-1 Alternate I (APR 1984) Computer Generated Forms (JAN 1991)

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)

52.225-9 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, Use Toilet Replacement 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.

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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:

(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 mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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(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

Item2:

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.]

52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be _20 percent of the bid price or $_1m , whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020)

(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.acquisition.gov/far/part-28#FAR_28_203_1

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(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) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period 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 (c)(1) of this clause. For 90 days following final payment.

(d) The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION

APR 2020)

(a) Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

https://www.acquisition.gov/far/part-28#FAR_28_102_1

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(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.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

http://www.fms.treas.gov/c570/ https://www.acquisition.gov/far/part-28#FAR_28_203_1 https://www.acquisition.gov/far/part-52#FAR_52_228_1

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PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

1. Fire Plan

2. Drawings

3. Specifications

4. Wage Determination

5. Capability of Offeror Questionnaire

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER…