SF 33_RFP_12445221R0037.pdf

12445221R0037

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 48

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

103213707/13/2021 X

USDA-FS CSA EAST 12

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

JAMES HUNT

USDA, FOREST SERVICE

james.hunt2@usda.gov

1400 ET 08/23/2021

JAMES M HUNT 404

james.hunt2@usda.gov

347-1761

PAGE(S)

JAMES M. HUNT

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____30_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12445221R0037

(A) (B) (C) (D) (E) (F)

This solicitation and any resultant

Indefinite Delivery Indefinite Quality (IDIQ)is for trail-related construction and service activities. Individual

Project IDIQ Task Orders may be ordered from any

IDIQ

resulting from this solicitation. No funding is obligated, other than during any future

Individual Project IDIQ Task Orders.

0001 Forest wide Road Construction 1 LS

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

0002 Forest wide Road MTC IDIQ - Service Work 1 LS

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Solicitation No: 12445221R0037 Project Name: Alabama Forest Wide Roads Contract

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 TECHNICAL SPECIFICATIONS

C.5 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 Task Orders/Calls – Request for Quote (RFQ) Procedures

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

The Task Orders (TOs) issued under this IDIQ will be based on scopes of work defining specific requirements for individual projects.

The TOs will be issued as firm-fixed-price task orders. It is the intent that all task orders will be competed among the IDIQ contract holders. The basis for award of the task orders will generally be on lowest price (price only), but may be conducted through a best value Lowest Price Technically Acceptable or Trade-off process if the Government determines it is in its best interest to do so.

Actions under $25,000 may be issued on a sole source basis, or to a limited number of contract holders. Other actions issued as sole source will be in compliance with the FAR’s sole source or fair opportunity requirements.

The IDIQ contracts will have a shared ceiling of $2.5 Million. All task orders and subsequent modifications will not exceed $2.5 Million over the term of the contracts. The FS will have the right to recompete this requirement, or use other contracting methods for similar work that could fall under this IDIQ, at any point during the term of this contract. This is not a Requirements Contract. The Government is not obligated to award any task orders beyond the guaranteed minimum of $2,500.

The majority of task orders will be valued under $50,000. However, individual task orders may be valued up to $300,000.

The ordering period of the IDIQ contracts will be five (5) years from the effective date of the award or when the shared ceiling of $2.5 Million is reached, whichever comes first.

Small Business Set Aside

This acquisition is 100% set aside for small business. The primary NAICS code is 237310 Highway, Street, and Bridge Construction. The small business size standard is $39.5 Million.

NOTE: OFFERORS MUST BID ON ALL SEED PROJECTS TO BE CONSIDERED

FOR AWARD.

B.3 Authorized Ordering Individuals

Any Forest Service Contracting Officer may issue task orders, within their procurement warrant authority, under this contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This purpose of this contract is to maintain system roads on the National Forest in Alabama.

While the primary focus of this contract will be the maintenance of open system roads, any system road deemed necessary for administrative access may be scheduled for maintenance. For purposes of this contract, a system road shall also include any county or state road for which the Forest Service has entered into a maintenance agreement. This contract consists of two primary elements: a routine maintenance element subject to SCA wages and minor construction up to $35,000.00 subject to Davis-Bacon Act wage rates. Wage determinations will be issued by the Contracting Officer (CO) for each task order.

The Contractor shall provide any and all equipment, labor, materials, tools, supervision, equipment including safety and other incidentals necessary to perform road maintenance activities located within the boundaries of the National Forests in Alabama in accordance with the specification, exhibits and clauses contained or referenced herein. The work consists of routine maintenance activities normally associated with gravel and native-surfaced single and double-lane roads.

C.2 PROJECT LOCATON

The work areas are located within the boundaries of the National Forests in Alabama, which arethe Bankhead, Conecuh, Talladega and Tuskgee National Forests.

Each task order will identify a specific project location. Work may be performed at any location within and adjacent to the boundaries of the National Forests Administrative sites, recreation sites and other sites associated with the National Forests is included.

The following internet link provides maps for the roads in the National Forests in Alabama.

https://www.fs.usda.gov/main/alabama/maps-pubs

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Task orders for construction will be limited to $35,000. Any task order with both services and construction will be limited to $35,000 of construction items.

C.4 TECHNICAL SPECIFICATIONS

Specifications that are referenced by other specifications are not listed below but are still applicable. Any specifications referenced by the supplemental specifications shall be applicable to this contract.

The full version of FP-14 is available at the following link:

http://flh.fhwa.dot.gov/resources/specs/

Technical specifications shall be used and are listed in Section J as an attachment.

C.5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

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

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

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

The following clause applies to all ordered services:

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

The following clause applies to all ordered construction:

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

The following clauses apply to all ordered service:

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

The following clauses applies to all orders for construction:

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within _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 __To be determined by the TO_. The time stated for completion shall include final cleanup of the premises.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property.

Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project trails which causes otherwise suitable soils to be muddy or unsuitable;

(2) Actions taken by the Government outside the Contracting Officers control such as a suspension of operations due to a pandemic or because of a lapse in appropriation; or

(2) Failure of the Contractor to comply with specifications, such as but not limited to, placement of frozen material in fills, placing of asphalts or concrete at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government.

Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, or 52.242-15, Stop Work Order, and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within determined by the task order__ days after the date of contract award. The conference will be held at _ determined by the task order _.

G.2 Task Orders/Calls – Request for Quote (RFQ) Procedures

a) A Task Order is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this Contract any warranted Forest Service Contracting Officer may solicit quotes and issues task orders against this contract.

c) Additional specifications may be provided with each task order RFP.

d) Task Order RFPs will be transmitted primarily via e-mail.

e) Task Order RFPs may include evaluation criteria (ie: past performance, technical approach, etc.) which will require the submission of a technical proposal. All RFPs shall specify the method for award determination and indicate the required response documentation. At the discretion of the contracting officer, the acquisition strategy to award task order level will utilize FAR Part 15-Contracting by Negotiation, Best Value Continuum Tradeoff process, or Lowest Priced Technically Acceptable (LPTA) or Price only, whichever will offer the Government the overall best value.

f) Upon the receipt of an RFP from the Government, the Contractor shall respond as specified.

g) Contract holders will receive fair opportunity to be considered for each RFP unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

G.3 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

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

The Contracting Officer must be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

(This does not apply to individual assignments which were issued by the COR, provided they are affirmatively delegated in the applicable Designation of Contracting Officer’s Representative, and do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

{For this Solicitation, there are NO clauses in this Section}

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Applicable to Both Service and Construction Individual Task Orders 52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

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

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-7 System for Award Management (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT

2016) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-28 Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-23 Assignment of Claims (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C.3332) 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) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

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

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

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause—

[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.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

The following clause will apply to task orders with Optional Line Items:

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 _Specified in the task order_.

452.228-71 Insurance Coverage (NOV 1996) Alt 1 (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

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

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

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

Clauses Applicable to Individual Project Task Orders for Construction Activities

52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 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 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232‐27 Prompt Payment for Construction Contracts (JAN 2017) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American Act-Construction Materials (FEB 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 item (as defined in paragraph (1) of the definition at Federal

Acquisition Regulation (FAR) 2.101);

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

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

and

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

Domestic construction material means-

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

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

or

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

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

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

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

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

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

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

__________________NONE______________________________

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

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

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

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:

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

Item2:

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

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

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

[Include other applicable supporting information.]

Clauses Applicable to Individual Project Task Orders for Service Activities

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (2 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract a states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to t provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Laborer, WG-1 $15.56 + fringe benefits

Heavy Equipment Operator $21.06 + fringe benefits Engineering Equipment

Operator Supervisor $36.55 + fringe benefits

52.225-1 Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

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

Clauses Applicable to the IDIQ

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __date of award_ through __December 31, 2025_.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __$2,500.00__, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of __$1,000,000.00;

(2) Any order for a combination of items in excess of __$1,000,000__; or

(3) A series of orders from the same ordering office within ___30__ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after _90 days from the final contract end date__.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Alfort Belin Chief, Procurement Policy Branch 707-562-9107 Alfort.belin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

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.

452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500 , but not in excess of $35,000 .

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

J1 Schedule of Items Excel Document J1 –(Tab a) Seed project 1 - Talledega J1 –(Tab b) Seed project 2 - Bankhead J1 –(Tab c) Seed project 3 - Conecuh J1 –(Tab d) Seed project 4 – Shoal Creek J1 –(Tab e) Seed project 5 – Oakmulgee J1 –(Tab f) Seed project 6 - Tuskegee J2 Specifications J3 Statement of Work J4 -(a) Wage Determination – Talledega

DBA - AL20200141

Service Contract Act WD # 2015-4615 J4 -(b) Wage Determination - Bankhead

DBA - AL20200133 -

Davis-Bacon Act WD AL20210146 Davis-Bacon Act WD AL20210159 Service Contract Act WD 2015-4595 Service Contract Act WD 2015-4613 J4 -(c) Wage Determination – Conecuh Davis-Bacon Act WD AL20210126 Davis-Bacon Act WD AL20210132 Service Contract Act WD # 2015-4625 Service Contract Act WD # 2015-4633 J4 -(d) Wage Determination – Shoal Creek Davis-Bacon Act WD AL20210144 Davis-Bacon Act WD # AL20210149 Davis-Bacon Act WD AL20210124 Service Contract Act WD # 2015-4587 Service Contract Act WD # 2015-4615 J4 -(e) Wage Determination – Oakmulgee Davis-Bacon Act WD AL20210145 Service Contract Act WD 2015-4623 J5 Contractor Performance Report (PPQ) J6 Construction Experience Form

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

52.236-28 Preparation of Proposals – Construction (OCT 1997)

52.204-8 Annual Representations and Certifications (MAR 2020) (DEVIATION JUL 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__237310__.

(2) The small business size standard is _39.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

(2) If the provision at 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 solicitation as indicated:

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or…