RFQ Big Meadow Lake Alpine.pdf
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- Solicitation number
- 127EAW22Q0008
- Issued by
-
Department of Agriculture Forest Service
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Big Meadow Campground Rehabilitation/ Lake Alpine Amphitheater Rehabilitation Stanislaus National Forest 3
(SF 1442 is pages 1 & 2.)
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C.2 PROJECT LOCATON
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
C.4 ESTIMATED START WORK DATE
C.5 RESTRICTIONS ON WORK
C.6 WORKER'S COMPENSATION INSURANCE
C.10 MATERIAL CERTIFICATIONS, TESTING REPORTS, & OTHER SUBMITTALS
SECTION D--PACKAGING AND MARKING
PACKING AND MARKING
PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
Payment for Materials Off Site
Incidental Items
Invoices
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.2 OTHER REQUIREMENTS
Emergencies
Utility Services
Loss, Damage or Destruction
Archaeological and Historic Sites
Spill Plan
Equipment Cleaning
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
Stanislaus National Forest 4
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
L.2 QUOTE PREPARATION INSTRUCTIONS:
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 PROVISIONS
M.2 PROPOSAL EVALUATION
M.3 TECHNICAL EVALUATION FACTORS
ATTACHMENT
Stanislaus National Forest 5
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
PROJECT GAOA Big Meadow Campground Rehabilitation/Lake Alpine Amphitheater
UNIT Stanislaus National Forest
SOL # 127EAW22Q0008
ITEM
NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
0001 01 70 00 MOBILIZATION LS 1 $ $
02 41 10.01 AMPHITHEATER DEMOLITION: STAGE AND
BENCHES LS 1 $ $
0003 02 41 10.02 DAY USE AREA DEMOLITION: PICNIC TABLES EA 26 $ $
0004 02 41 10.03 DAY USE AREA DEMOLITION: CAMPFIRE RINGS EA 5 $ $
0005 02 41 10.04 DAY USE AREA DEMOLITION: PICNIC GRILLS EA 12 $ $
0006 02 41 19 ROOFING DEMOLITION LS 1 $ $
0007 03 30 00 CAST IN PLACE CONCRETE CY 5 $ $
06 10 00 ROUGH CARPENTRY: AMPHITHEATER AND
PROJECTOR PEDESTAL LS 1 $ $
0009 06 10 01 REPLACE RIDGE ROOF BEAM LS 1 $ $
0010 06 10 11 STRUCTURAL PLATES EA 8 $ $
0011 06 16 30 ROOF SHEATHING REPLACEMENT SF 224 $ $
0012 06 20 00 REPLACE DAMAGED EXTERIOR TRIM LS 1 $ $
0013 07 31 50 SYNTHETIC CEDAR SHAKE ROOFING SF 1456 $ $
0014 12 50 00.01 FURNITURE AND FURNISHINGS: BENCHES EA 8 $ $
0015 12 50 00.02 FURNITURE AND FURNISHINGS: PICNIC TABLES EA 15 $ $
0016 13 10 10 WINDOW CLOTH AND SCREEN LS 1 $ $
Stanislaus National Forest 6
26 05 00 ELECTRICAL: INSTALL CIRCUIT, SUBPANEL, LIGHTS,
AND ALL ANCILLARY COMPONENTS LS 1 $ $
31 00 00 EARTHWORK: TRENCHING FOR ELECTRICAL
UTILITY LF 600 $ $
0019 32 11 00 AB PATHWAY RECONSTRUCTION LF 157 $ $
SUBTOTAL $
OPTIONAL WORK A
A0001 03 30 10 CONCRETE RESTROOM PORCH LS 1 $ $
A0002 04 22 00 CMU RESTROOM PORCH COLUMN EA 6 $ $
TOTAL $
NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected
2. Responses without prices for each item and sub-item may be rejected.
3. If award response is made in excess of $35,000, bonds will be required (Section I)
4. If response is greater than $150,000, include bid bond = 20% of the total price
5. Following are abbreviation definitions from FP-03, Section 109 that may appear in the "Unit" column of the Schedule of Items;
AC=Acre, CQ=Contract Quantity, CY= Cubic Yard, EA=Each, GAL=Gallon, HR=Hour, LF=Linear Foot, LS=Lump Sum, MI=Mile, LB=Pound, SF=Square Foot, SY=Square yard, ST=Station, TON=Ton. CQ and LS will be measured and paid as stated in FP-03, Section 109-02. All other Units will be paid according to FAR clause 52.211-18, Variation in Estimated Quantity.
6. 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.
7. One award will be made from this solicitation; contractors must submit pricing for all items.
PRICE SUBMITTED BY
Signature
Phone:
Vendor Fax:
Address Email:
POC:
Stanislaus National Forest 7
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
This contract is for the repair, rehabilitation, and reroofing of restroom facilities at the Big Meadow Campground in the Calaveras Ranger District, as well as the demolition of the existing amphitheater and construction of a new amphitheater, including a stage, benches, electrical service, and projector pedestal at the Marmot Day Use Area. Work also includes demolition of existing picnic sites and placement of picnic tables, as well as reconstruction of the pathway leading to the amphitheater.
The work shall also include cleanup and disposal of all removed building material from Forest Service lands. Roof replacement shall include all required new components as specified in the Drawings.
C.2 PROJECT LOCATON
This project is located within the Calaveras Ranger District of the Stanislaus National Forest in Calaveras County, California. Big Meadow Campground is located along State Highway 4, approximately 20 miles East of Arnold, CA. Marmot Day Use Area is located along State Highway 4, approximately 28 miles East of Arnold, CA. A map of the site is in the Drawings.
NOTE: In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.)
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
The Government's estimate is between $100,000 and $250,000.
C.4 ESTIMATED START WORK DATE
September 7, 2022
Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information.
C.5 RESTRICTIONS ON WORK
1. Work hours are limited to non-holiday week days, Monday – Friday, 07:30 – 19:00
2. In accordance with the fire plan, if included in Section J.
3. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.
C.6 WORKER'S COMPENSATION INSURANCE
The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.
C.7 CAMPING AND HOUSING (see also Section H, Camping Permit Compliance) Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.
C.8 MAPS
INCLUDED WITH DRAWINGS
Stanislaus National Forest 8
C.9 DRAWINGS AND SPECIFICATIONS
Project Drawings: The following drawings are part of this solicitation:
1. GAOA Big Meadow Campground Rehabilitation (D52) Plans
2. GAOA Lake Alpine Amphitheater Rehabilitation Plans
Specifications:
[X] Construction Standard Institute (CSI) specifications These specifications are physically incorporated in the solicitation.
The following Standard and Special Project Specifications are applicable to this contract:
# Description Date
1 GAOA BIG MEADOW CAMPGROUND REHABILITATION (D52)
CONSTRUCTION SPECIFICATIONS
02/24/2021
2 GAOA LAKE ALPINE AMPHITHEATER REHABILITATION
CONSTRUCTION SPECIFICATIONS
12/7/2021
The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.
C.10 MATERIAL CERTIFICATIONS, TESTING REPORTS, & OTHER SUBMITTALS.
Submit the following items to the Contracting Officer for approval.
Title
Referenced by Contract clause or Specification No.
Time of Government Approval After Submittal
Project Schedule Specifications 01 30 00 10 days Demolition Schedule Specifications 02 41 19 10 days Concrete Formwork: CO Inspection of Form
Specifications 03 10 00
Concrete Reinforcement: Horizontal and Vertical Reinforcement Plan
Specifications 03 20 10 FIO
Cast-in-Place Concrete: Mix Design, Admixtures, Deliver Tickets
Specifications 03 30 10 FIO
Concrete Unit Masonry: Mix Design and Test Reports, Material Certificates
Specifications 04 22 00 FIO
Rough Carpentry: Wood Treatment Data
Specifications 06 10 00 FIO
Caulking and Sealants: Product Data, Maintenance Instructions, Warranties, Samples
Specifications 07 90 00 FIO
Finishes: Product Data, Samples Specifications 09 90 00 FIO Visual Equipment Inspection Reports
Specifications 31 31 19 FIO
FIO= “For information only
Stanislaus National Forest 9
SECTION D--PACKAGING AND MARKING
PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
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.
Stanislaus National Forest 10
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)
Stanislaus National Forest 11
SECTION F--DELIVERIES OR PERFORMANCE
FAR 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):
www.acquisition.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
F.1 CLAUSES
FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after the effective date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
52.211-13 Time Extensions (SEP 2000) 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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after the effective date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
52.211-18 Variation in Estimated Quantity (Apr 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
Limited Operating Periods N/A
Work Timing http://www.arnet.gov/far/
Stanislaus National Forest 12
Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.
Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified. The Government shall not be responsible for remobilization costs.
Stanislaus National Forest 13
SECTION G--CONTRACT ADMINISTRATION DATA
Payment for Materials Off Site In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.
Incidental Items The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.
Preconstruction Conference This required conference will be scheduled TBD.
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: "
Invoices Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.
After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.
Invoices in IPP are the official record of payment. The payment certification per FAR 52.232-5 and a breakdown of billing, based on the pricing schedule, must be included as attachments to the IPP invoice in pdf or jpg format. (See next page for payment certification language.) The contractor must also be https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/
Stanislaus National Forest 14 up-to-date on certified payrolls for the invoiced timeframe, FAR 52.222-8, by sending these to the COR prior to submitting the pertinent invoice. Do not upload payrolls to IPP. For assistance with creating invoices and attachments in IPP, the help desk phone number is 1-866-973-3131.
The Contractor shall submit payrolls weekly for each week in which any contract work is performed.
The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov), including the certification verbatim from the WH-347. Certifications from other State or County government forms are not compliant.
Invoices that do not meet these requirements will be rejected, delaying invoice payment.
http://www.dol.gov/
GAOA Big Meadow Campground Rehabilitation/
Stanislaus National Forest 15
PAYMENT CERTIFICATION
I hereby certify, to the best of my knowledge and belief, that—
(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.
Signature
Name
Title
Date
Invoiced Timeframe
Invoice Number
Stanislaus National Forest 16
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.2 OTHER REQUIREMENTS
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
Stanislaus National Forest 17 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.
Emergencies Fire Plan
[X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.
Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):
[X](a) Trail Construction - 100 meters on either side of the centerline [X](b) Construction of Structures - 100 meters around the perimeter of the project [ ](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project
Utility Services Electrical and water utilities located on site. Utilities may not be available for contractor use at time of construction.
Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.
Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
Camping Permit Compliance
Stanislaus National Forest 18
Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.
Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.
Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.
Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.
Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.
If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.
Stanislaus National Forest 19
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
52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) 52.204-13 System for Award Management Maintenance (OCT 2018) 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 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) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (SEP 2021) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 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 Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY
2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
Stanislaus National Forest 20
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) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (NOV 2021) 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) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 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) 52.233-1 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)
Stanislaus National Forest 21
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) 52.236-14 Availability and Use of Utility Services (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) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)
(DEVIATION APR 2020)
52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)
(APR 1984)
52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
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 120 calendar days of award.
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
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(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
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(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
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(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________________________________
[Contracting Officer to list applicable excepted materials or indicate "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 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
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(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 _______ _______ _______
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[* 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 $3 million, 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 https://www.acquisition.gov/far/part-28#FAR_28_203_1
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(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—
(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)
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(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.
(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) https://www.acquisition.gov/far/part-28#FAR_28_102_1 http://www.fms.treas.gov/c570/
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(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…
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