Solicitation_LowerDeadfallEddy_Final.docx

Solicitation No: 12363N22Q4049 Lower Deadfall - Eddy Creek Trail Reconstruction

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12363N22Q4049

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

08/18/2022

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

1064634

6. PROJECT NO.

USDA - Forest Service Procurement Property and Services National Stewardship Branch Grangeville Office, 104 Airport Road Grangeville, ID 83530

USDA - Forest Service Procurement Property and Services National Stewardship Branch Grangeville Office, 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) EMAIL: karen.ruklic@usda.gov or 208-983-1268

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Stewardship Project – Retained Receipts Lower Deadfall-Eddy Creek Trail Restoration Projects Shasta McCloud Management Unit, Shasta Trinity National Forest

Price Range: The Government’s estimate is between $100,000 - $250,000

See Schedule of Items, Statement of Work, terms and conditions, and attachments that apply to the work. All trail work shall be performed in accordance with the Standard Specifications for Construction of trails and Trail Bridges on Forest Service Projects dated 10/3/2014. Award shall be made on a best value basis. Technical Proposals are required.

**ALL DOCUMENTS, INCLUDING A SCANNED COPY OF THE FULLY EXECUTED BID BOND (IF REQUIRED) SHALL BE SUBMITTED ELECTRONICALLY TO KAREN RUKLIC AT karen.ruklic@usda.gov AND RECEIVED BY THE DEADLINE IN BLOCK 13.

11. The Contract time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than September 20, 2023. This performance period is |_| mandatory, |_| negotiable. (See Section F-4, Clause 52.211-10, Alt I)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

OMB APPROVAL NO. 2700-0042

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

UEID: _________________

CAGE Code (see FAR Provision 52.204-16) ____________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

PLEASE COMPLETE THIS BLOCK

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

USDA - Forest Service Procurement Property and Services National Stewardship Branch Grangeville Office, 104 Airport Road Grangeville, ID 83530

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

KAREN RUKLIC

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

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

LOWER DEADFALL – EDDY CREEK TRAIL RESTORATION

SHASTA MCCLOUD MANAGEMENT UNIT

SHASTA TRINITY NATIONAL FOREST

B.1 SCHEDULE OF ITEMS

AMOUNT

Total Price All Items:

Notes:

1. One award shall be made from this solicitation. Contractors must submit pricing for all Items.

2. All Items shall be awarded firm, fixed price.

3. Unit abbreviations are defined as: LS – Lump Sum; EA – each, LF – linear foot.

Requirements of all equipment:

1. All equipment and vehicles to be used at the job site shall be cleaned and free of invasive species (noxious weeds), seeds, external grease and oil and shall be inspected prior to entrance onto Federal lands. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the Contractor or Subcontractor.

2. All protective plating and armoring shall be intact and properly functioning on the equipment to reduce the potential for damaging hydraulic hoses or the undercarriage.

3. Spill kit approved by OSHA for petroleum product leaks will be on site at all times.

B.2 Bid Guarantee and Payment/Performance Protection

Bid Guarantee: A bid guarantee is required if the total price is $150,000.00 or greater. Reference Section I: FAR 52.228-1.

Alternative Payment Protection: A form of payment protection specified in Section I: FAR 52.228-13 is required if the total price is less than $150,000.

Performance and Payment Bonds. Payment and performance bonds are required if the total price is $150,000 or greater. Reference Section I: FAR 52.228-15.

B.3 PAYMENT FOR BOND PREMIUMS Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Lower Deadfall Meadows Trail (NSF Trail 6W05) – Over the last 3 years the Lower Deadfalls Trail has become more popular since it serves as a shuttle drop-off for mountain bikers that are accessing the Sisson-Callahan Trail. Therefore, not only are hikers/horseback riders using the trail, but mountain bikers as well. The Forest Service was proactive identifying in the shuttle service’s permit that mountain bikers need to carry their bikes through the wet, seep areas and overall, the Forest Service is seeing compliance with this. However, within the last year there’s been more interest within the mountain bike community to utilize this trail and so many private shuttles are occurring who are unaware of the restriction. Furthermore, the trail in general is starting to see much more use than in previous years and the trail tread is continuing to become more degraded, wet seeps are increasing in size by trail users trying to “avoid” the mud, and user created trails are being established.

Eddy Creek Trail (NFS Trail 6W02) – Eddy Creek Trail, which begins at the Parks Creek Trailhead parking lot, is a historical trail that was originally used as the travel route between the Shasta Valley and the Upper Trinity River drainage before road systems were developed in the area (pre-1950). Later, it was used as a skid road during timber operations in the drainage. Portions of the trail alignment were obliterated during harvest operations and the current route has diverted from the historic trail alignment and now passes through sensitive riparian areas. As a result of unauthorized OHV use, there has been extensive resource damage to soil, hydrological and botanical (wet meadows) resources. Current trail conditions, including lack of drainage structures and erosion control devices, severe erosion of trail tread, trail located in wet areas, trail failures, lack of functioning stream crossings, and steep trail grades, are all contributing to resource issues in the project area.

C.2 SCOPE OF CONTRACT

The Lower Deadfall Meadows/Eddy Creek Trail Restoration contract shall be awarded under the following authority.

Stewardship Authority: Section 604 (16 USC 6591c) of Public Law 108-148 as amended by Section 8205 of Public Law 113-79, the Agricultural Act of 2014—Grants the U.S. Forest Service (Government) permanent authority to enter into stewardship contracts or agreements to achieve land management goals for the National Forests or public lands that meet local and rural community needs. Section 8205 supersedes the temporary authority granted to the Forest Service (Government) in section 347 of Public Law 105-277, the Omnibus Consolidated and Emergency Appropriations Act, 1999. The project area is located within the Headwaters Stewardship Area.

The Shasta McCloud Management Unit requires trail construction to complete the following:

Lower Deadfall Meadows Trail (NSF Trail 6W05) – improve non-motorized trail access in conjunction with mitigating resource damage that is occurring through the wet meadow system. This work consists of constructing an elevated accessible boardwalk in wet portions of the meadow (approximately 175 feet) and completing trail restoration (including construction of stepping stones, water bars, and relocating short sections (500 ft) out of the meadow edge by using climbing turns) on the remaining trail up to the junction with the Pacific Crest Trail (approx. 1 mile). In sections with climbing turns the abandoned section will be obliterated (approximately 500 feet).

Eddy Creek Trail (NFS Trail 6W02) – convert the first section of trail back to a 24” width from its current insloped road prism of 5 feet, reconstruct approximately 2400 feet of the Eddy Creek non-motorized trail by installing climbing turns and relocating the trail to mitigate drainage impacts. Sections of trail that are abandoned due to new alignment with climbing turns will be obliterated and restored. Dust abatement and/or appropriate protections and mitigation measures will be applied within the Eddy Creek area to mitigate dust production and protect field personnel from harm in areas underlain by ultramafic rock (naturally occurring asbestos - NOA). Further, if rock/soil waste is generated from ultramafic areas, such waste will be disposed of only where the underlying rock is also ultramafic, and it will not be mixed with other waste from non-ultramafic areas. An Area Soils Map has been provided; the Serpentine soils highlighted in mint green indicate that NOA could be present.

The contractor shall furnish all labor, equipment, structures, supervision, transportation, operating supplies (except those designed as Government-furnished), and incidentals necessary to complete the project as required by the contract, plans, and specifications.

C.3 PROJECT LOCATION

This project is located at the following Latitude and Longitude Coordinates: 41.341807 X -122.537775. From Mount Shasta, go north on Interstate Five (I5) for 10.4 miles. Take the Edgewood exit, turn left, go under the underpass, then turn right onto Old Highway 99. Go 2.2 miles, turn left onto Stewart Springs Road and go for 5 miles until the road turns into Forest Route 42N17. Go 13.6 until you arrive at the Parks Creek Trailhead or, go 15 miles until you arrive at the Lower Deadfall Meadow Trailhead. Note: FR 42N17 is paved but narrow is places. A Vicinity Map has been provided along with maps associated with specific work items (see Section J).

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

The Government cost estimate, per FAR 36.204, is between $100,000 - $250,000.

C.5 TECHNICAL SPECIFICATIONS

All trail work shall be performed in accordance with the Standard Specifications for Construction of Trails and Trail Bridges on Forest Service Projects dated 10/30/2014 and the supplemental information provided below. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

A link to the complete specifications is provided: https://www.fs.fed.us/recreation/programs/trail-management/documents/plans/supporting_documents/Trail_Specifications.pdf. All standard specifications not specifically referenced in the Schedule of Items, but referenced by listed specifications, are applicable. Standard construction plans have been provided in Attachment J-2. Standard construction drawings referenced by the standard specifications but not provided herein are also applicable. https://www.fs.usda.gov/managing-land/trails/trail-management-tools/trailplans

Excluding the boardwalk, the rest of the trail shall be built to accommodate non-motorized Class 3 pack & saddle designed use and managed use for hiking/mountain biking prescriptions (see Attachment J-4 Trail Fundamentals and Trail Management Objectives).

Lower Deadfall Meadows Trail (NSF Trail 6W05)

· Construct an elevated boardwalk of approximately 175 feet in length above the wet ground/meadows. This technique elevates a boardwalk above the seeps and protects the native vegetation and soil from further compaction.

· Construct using a marine grade PVC composite decking material or redwood lumber decking material (based on research for longevity, minimal maintenance, and sustainability).

· Boardwalk trail tread shall be 5ft. wide to meet FS trail standards for mountain bikes.

· A curb/bumper shall be installed (treated materials) on each side of the boardwalk decking for its entire length.

· Conduct general trail maintenance on the approximately 1 mile of trail to the junction with the PCT which includes outsloping, waterbars, and approximately 500 feet or trail relocation using climbing turns. Obliterate abandoned portion of trail that is relocated with climbing turn.

· Construct ford crossings using the stepping stone design to provide trail crossing through wet areas. Rocks can be locally sourced close to the crossing and should be flat and approximately 24” to provide users a safe trail crossing.

· Repair entrenched sections where trail tread is eroded 6” or more by pulling material from backslope.

Eddy Creek Trail (NFS Trail 6W02) (Preference is to use mechanical equipment (i.e. trail excavator/dozer) to complete this work. Tracks/blade may be no wider than 6 ft.)

· Reconstruct approximately 600 feet of trail to a width of 24” and outslope. Current trail is an old road prism of 5 feet wide and insloped.

· Construct climbing turns using nature contour (approximately 10 climbing turns) to reduce percentage of trail grade. Average design turn radius will vary from 10-30 degrees. Elevation change through section is approximately 450 feet and trail location will be flagged to reduce grade.

· Place boulder barrier at the top of the trail to prevent motorized access as shown on the map and detailed in Attachment J-3 Boulder Barrier Supplemental Specification.

Naturally Occurring Asbestos (NOA) may be found within the Eddy Creek Trail project area.

· Earth-moving, or other dust-producing activities may be required where ultramafic rock is present. Naturally occurring asbestos (NOA) commonly occurs in that rock. An Area Soils Map has been provided as Attachment J-8. The Serpentine soils highlighted in mint green indicate that NOA could be present.

· Where ultramafic rock is present, dust production shall be prevented/minimized by applying effective dust abatement measures, such as applying water or other dust inhibitors to materials being worked; operating when soil conditions are moist enough to limit dust, but not be so wet as to result in rutting or sedimentation into streams; reducing vehicle/construction equipment speed; and avoiding dust-producing activities on excessively windy days. Ensure trail surfaces are wet. Where needed, wet trail surfaces with water trucks using sprinklers to reduce dust.

· Where dust prevention in ultramafic areas is not possible, appropriate protection and mitigation measures will be applied so that field personnel shall not inhale dust. These include closing windows on vehicles/construction equipment and turning on positive ventilation systems or use of appropriate air filtration masks if other measures are not adequate.

· If rock/soil waste is generated from ultramafic areas, such waste will be disposed of only where the underlying rock is also ultramafic, and it will not be mixed with other waste from non-ultramafic areas. When transporting NOA-containing material, avoid overloading equipment and cover with tarps to reduce dust. Ensure that piles of excavated material are wet and cover with tarps to reduce dust.

See Attachment J-2 for Standard Drawings referenced in the Schedule of Items and Attachment J-3 for Supplemental Specification and Standard Drawing for Boulder Barricade.

C.5 GOVERNMENT FURNISHED PROPERTY AND INFORMATION

· The USFS shall not furnish any equipment or supplies.

· The USFS shall stake final approved trail alignments before construction begins.

C.6 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C.7 PERFORMANCE PERIOD

· Work may begin upon issuance of the Notice to Proceed and all work must be completed by September 30th, 2023. Due to trail locations/elevation, vehicle access is limited mid-November to mid-June (based on snow conditions).

C.8 KEY PERSONNEL

Contractor personnel employed on the contract must be qualified to complete technical trail work and construction. Personnel must be able to perform various types of trail maintenance and trail construction (both with trail mechanized equipment and hand tools) and be knowledgeable and experienced following USFS trail plan standards and specifications. The contractor must be able to operate their own or rented trail mechanized equipment.

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SECTION F--DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete Item 4 (Existing Trail Restoration Lower Deadfall Meadows Trail (#6W05) no later than 8/15/2023, Items 2-3 (Elevated Boardwalk and Curbs Lower Deadfall Meadow) no later than 09/01/2023 and Items 5-12 no later than 9/30/2023. The time stated for completion shall include final cleanup of the premises.

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by October 1, 2022. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 OTHER REQUIREMENTS

Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 1 month of commencement of work. The conference will be held at a mutually agreed location or via computer videoconference.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

KEY PERSONNEL

(a) The Contractor shall assign to this contract the key personnel identified within the accepted Technical Proposal.

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

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

USE OF PREMISES

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

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

ARCHAEOLOGICAL OR HISTORIC SITES

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

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

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

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

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

FINAL CLEANUP

Contractor shall remove and dispose of all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to, camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the construction activities, all stakes, old culverts, flagging and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

INVOICE PROCESSING PLATFORM (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

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

(a) Definitions. As used in this clause-

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

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

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

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

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

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

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

Cost of components means-

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

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

Domestic construction material means-

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

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

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

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

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

NONE.

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

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

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

(iii) The construction material is not 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:

Item2:

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

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

[Include other applicable supporting information.]

52.228-1 Bid Guarantee (SEP 1996) (Applicable if the total price offered exceeds $150,000.)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $1,000,000, whichever is less.

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

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

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020 (Applicable if the contract price exceeds $150,000.)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

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

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

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)).