Sections B-M.pdf

Solicitation No: 1240LU24Q0054 Roosevelt Obelisk Repair Project

FAC 2024-05 May 22, 2024

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

PRICE SUBTOTAL

0001 Pin granite facade slabs to the concrete core of obelisk LS 1

0002 Repair broken slabs of obelisk LS 1 0003 Repoint all joints of obelisk LS 1 0004 Reset and repoint surrounding stone paving base LS 1

0005 Refabricate and replace missing top sandstone block below the John Stevens statue LS 1

0006 Repoint sandstone base of John Stevens statue LS 1 0007 Project report LS 1

TOTAL:

LS - EACH

MO - MONTH

Award anticipated to be a firm fixed price contract.

B.2 SCHEDULE NOTES

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project is for the stone masonry repairs to the granite Roosevelt Obelisk. Also known as the Roosevelt Monument, it is located at Memorial Square on top of Marias Pass on the Rocky Mountain Ranger District of the Helena-Lewis and Clark National Forest (see attached location maps). The obelisk needs to repointed, cracks in the granite block façade need repaired, the surrounding stone paving base needs to be reset, and the adjacent sandstone base of the John Stevens statue needs to be repointed and the missing top course refabricated.

The Roosevelt Monument is a granite obelisk dedicated to Theodore Roosevelt located on Hwy 2 at Marias Pass in an interpretive location known as “Memorial Square”. It was constructed in 1931, the highway was built around it, and then it was moved to its current location in 1989 on NFS lands with the Forest Service obtaining ownership of it. It is a tapering 60-foot granite tower resembling the Washington Monument with a cement core that extends underground 19 feet.

Currently, there are no known original set of plans, drawings, photographs, or fabrication details from the 1931 build; however, a historic news article says the granite came from a source near Helena, Montana. In 1980, a magnetic test was conducted in search of anchors to determine the means of how the granite facade slabs were attached to the cement core. However, the magnetic testing was not successful in identifying any metal pins and the slabs are attached by some other means. At that time, the core was drilled and found to be sound. Past maintenance to the obelisk included sand blasting in 1949, steam cleaned at some point, and repointed in 1981. It is possible that it was also repointed after it was moved to its current location in 1989.

The obelisk consists of 28 four stone courses. Each course has two large slabs and two small slabs. The bonding pattern shifts 90 degrees as courses rise: Starting from the bottom course (Course One), large slabs begin on the North and South faces with small slabs on the East and West faces. On Course Two, the large slabs are East and West facing, and the small slabs are North and South facing.

All of the granite facade slabs are 9 inches thick and decrease in length and width dimensions as each course tapers towards the top. For the bottom course, the two large slabs measure 73.5 inches long by 24 inches wide, and the two small slabs measure 54.5 inches long by 24 inches wide. On Course Two, the long slabs measures 72x23.5 inches and the short slabs measure 54x23.5 inches. The slabs continue decreasing in dimensions all the way up to Course 28.

About 90% of the Portland based mortar joints on the obelisk have failed likely due to winter freeze-thaw cycles. It does not appear that any of the granite façade slabs have shifted, however, they are cracked in multiple places. The cracks are primarily located at the ends of the granite slabs. There are also a couple small missing corners (just a couple of inches wide by a couple of inches high). (see example photo 09232023)

FAC 2024-05 May 22, 2024

On the North façade (the face that has the Lewis & Clark National Forest plaque), there are at least 10 cracks (possibly more that are not visible from the ground) in the granite slabs. (photos:

20230924_135653, IMG_0444, IMG_0449, IMG_8225, P1220727, P1220728).

On the South façade (the face that has the Flathead National Forest plaque), there are at least seven cracks (possibly more that are not visible from the ground) in the granite slabs. (photos:

IMG_0445, IMG_0450, IMG_3294, IMG_3296, IMG_3297, IMG_8217, IMG_8227, P1220725,

P1220730).

On the East façade (faces the parking lot), there are at least eight cracks (possibly more that are not visible from the ground) in the granite slabs. (photos: 20230924_134559, IMG_0429, IMG_0447, IMG_0451, IMG_0467, IMG_8217, IMG_8226, P1220726, P1220727).

On the West façade (faces Glacier National Park), there are at least 10 cracks (possibly more that are not visible from the ground) in the granite slabs. (photos: IMG_0445, IMG_0450, IMG_3294, IMG_3295, IMG_3296, IMG_3297, IMG_8217, IMG_8227, P1220725, P1220730).

The surrounding granite slab paving consist of 24 slabs measuring 5x5 feet and are likely 9 inches thick. All mortar joints have failed due to heaving caused by winter freeze-thaw cycles and failing/moving substrata. (photos: 20230924_132723, 20230924_135653, IMG_0427, IMG_3294).

Adjacent to the Roosevelt Obelisk, the bronze John Stevens statue sits on top of a two-course sandstone block base. The mortar joints of the sandstone base have failed and need repointing.

The bottom course (Course One) consists of four blocks all 14 inches thick. Two of the bottom blocks measure108 inches long by 22 inches wide. The two others measure 64 inches long and are also likely 22 inches wide (the ends of these ones are not visible for measurement and part of the width underlies the top course). The next course (Course Two) of four blocks measure 34.5 inches by 35 inches and are 7.5 inches thick. The top course (Course Three) of the base (consisting of one sandstone block) is currently missing. (photos: IMG_0425, IMG_0426, IMG_0467, IMG_8216, IMG_8217, IMG_8224).

NOTE: No power washers are allowed during repairs as it will likely introduce water behind the slabs and cause further problems with heaving during freeze and thaw cycles.

The following tasks will need to be completed by the contractor.

1. Pin the granite slabs to the concrete core

a. Not knowing how the granite facade slabs were attached to the concrete core, we are requiring the slabs be securely pinned creating a permanent mechanical bond to the core.

b. Pins shall be stainless steal or other approved material that will not rust or adversely impact stone anchorage in freeze, thaw, or other extreme elemental conditions.

2. Repair broken granite slabs

3. Repoint all joints

b. Use historically appropriate mortar mix.

FAC 2024-05 May 22, 2024

4. Reset & repoint surrounding stone paving base

5. Repoint sandstone base of adjacent John Stevens statue

a. Use historically appropriate mortar mix

6. Refabricate and replace missing top sandstone block beneath the John Stevens statue

7. Report of methods and project

a. Include photos of before, during, and after

Key Deliverables Item No.

Deliverable Objective Due

1 Pin granite facade slabs to the concrete core of obelisk

To create a secure mechanical bond for the granite facade slabs to the concrete core

August 31, 2025

2 Repair broken slabs of obelisk

Repair cracks in granite facade slabs to stabilize and blends cracks into the facade

August 31, 2025

3 Repoint all joints of obelisk

Replace broken mortar in joints between granite facade slabs.

August 31, 2025

4 Reset and repoint surrounding stone paving base

Stabilize substrata, level paving stones, and repoint joints

August 31, 2025

5 Refabricate and replace missing top sandstone block below the John Stevens statue

Refabricate and replace (includes manufacture & attach) missing sandstone block.

August 31, 2025

6 Repoint sandstone base of John Stevens statue

Replace broken mortar in joints between sandstone slabs

August 31, 2025

7 Project report Write summary report of the project including techniques used and photos before, during, and after the repairs

September 30, 2025

Travel will be required if the contractor is not from the local area. The contractor is responsible for their own travel expenses. The nearest amenities are located approximately 11 miles to the east at East Glacier, or approximately 44 miles to the west to West Glacier.

FAC 2024-05 May 22, 2024

Key Personnel The contractor project lead must be on site during all portions of the project if there is more than one person working on the project. The contractor project lead must have and demonstrate experience with:

• Removal and repointing of historic mortar in stone structures without damaging historic fabric.

• Proper use of historic mortar mixes.

• Expert Knowledge of drilling and pinning stone slabs.

• Proficiency operating equipment while working at height (60 feet in the air).

• All terrain forklift expertise in moving and setting large slabs of stone precisely.

• Knowledge and ability to source appropriate granite pieces for drilling dust and corner fabrication.

• Knowledge and ability to source and refabricate standstone blocks.

• Knowledge and ability to source appropriate exterior monument epoxy.

• Knowledge and experience with the specialized tools of historic masonry restoration work including pneumatic hammers and rotary hammer drills.

Data Rights The Forest Service maintains ownership of the obelisk, John Stevens statue, as well as the summary report and project photos.

C.2 PROJECT LOCATION

Located at Memorial Square on top of Marias Pass on the Rocky Mountain Ranger District of the Helena-Lewis and Clark National Forest Glacier County (see attached location maps).

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Between $100,000 and $250,000.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

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

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-13 Time Extensions (SEP 2000) FAR 52.242-14 Suspension of Work (APR 1984)

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 15 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 September 30, 2025.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

AGAR 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 30 days after the date of contract award. The conference will be held electronically.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

FAC 2024-05 May 22, 2024

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

AGAR 452.228-71 Insurance Coverage (NOV 1996)- Alternate I (NOV 1996)

Pursuant to FAR clause FAR 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.

(End of clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the

FAC 2024-05 May 22, 2024 information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

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

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

Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec

2023) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

[Contracting Officer check as appropriate.] https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAC 2024-05 May 22, 2024

☐ 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.

FAR 52.219-17 Section 8(a) Award (OCT 2019) FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (OCT

2022) (Inserted “SBA’s successful contractor” and “USDA Forest Service” in paragraph (d))

FAR 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (MAY 2024) FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.227-17 Rights in Data-Special Works (DEC 2007)

FAC 2024-05 May 22, 2024

FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY

2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020)

(DEVIATION MAY 2023)

FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) Alternate II (APR 1984) FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB

2024) FAR 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.246-21 Warranty of Construction (MAR 1994) Alternate I (MAR 1994) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAC 2024-05 May 22, 2024

FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

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

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or https://www.acquisition.gov/far/part-2#FAR_2_101

FAC 2024-05 May 22, 2024

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such 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.

https://www.acquisition.gov/far/part-25#FAR_25_105

FAC 2024-05 May 22, 2024

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. Chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

None.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 https://www.acquisition.gov/far/part-12#FAR_12_505

FAC 2024-05 May 22, 2024 construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

FAC 2024-05 May 22, 2024

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item1

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

FAC 2024-05 May 22, 2024

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

(End of clause)

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections

Payment Bond, ILC.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

Roosevelt Obelisk Location Maps Photos Roosevelt Obelisk Wage Determination

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

FAR 52.204-8 Annual Representations and Certifications (MAY 2024) (DEVIATION NOV 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238140.

(2) The small business size standard is $19M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-provide-time-system-implementation-fac-2022-08.pdf https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7

FAC 2024-05 May 22, 2024 solicitation as indicated:

(i) FAR 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in FAR part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) FAR 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at FAR 52.204-7, System for Award Management.

(v) FAR 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) FAR 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) FAR 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14

FAC 2024-05 May 22, 2024

Government.

(xi) FAR 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) FAR 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) FAR 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19 in accordance with FAR 19.000(b)(1)(ii).

(xiv) FAR 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at FAR 52.222-26, Equal Opportunity.

(xv) FAR 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at FAR 52.222-26, Equal Opportunity.

(xvi) FAR 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) FAR 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at FAR 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) FAR 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at

FAR 52.204-7.

(xx) FAR 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at FAR 52.225-1.

https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1

FAC 2024-05 May 22, 2024

(xxi) FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at FAR 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) FAR 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at FAR 52.225-5.

(xxiii) FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) FAR 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

☒ (i) FAR 52.204-17, Ownership or Control of Offeror.

☒ (ii) FAR 52.204-20, Predecessor of Offeror.

☒ (iii) FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

☒ (iv) FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

☒ (v) FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

☐ (vi) FAR 52.227-6, Royalty Information.

☐ (A) Basic.

☐ (B) Alternate I.

☐ (vii) FAR 52.227-15, Representation of Limited Rights Data and Restricted

Computer Software.

https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_6…